03/08/2017 01:30 PM Senate JUDICIARY

                  SB  54-CRIME AND SENTENCING                                                                               
                                                                                                                                
2:47:21 PM                                                                                                                    
CHAIR COGHILL announced  the consideration of SB 54.  He asked for                                                              
a  motion to  adopt  the proposed  committee  substitute (CS)  and                                                              
expressed  disappointment that  his office  had yet  to receive  a                                                              
fiscal note for the CS.                                                                                                         
                                                                                                                                
2:48:40 PM                                                                                                                    
SENATOR COSTELLO  moved to  adopt the  CS for  SB 54, labeled  30-                                                              
LS0461\R, as the working document.                                                                                              
                                                                                                                                
CHAIR COGHILL objected for an explanation of the changes.                                                                       
                                                                                                                                
2:49:06 PM                                                                                                                    
JORDAN  SHILLING,  Staff,  Senator   John  Coghill,  Alaska  State                                                              
Legislature,  described the  following changes  between version  O                                                              
and version R of SB 54:                                                                                                         
                                                                                                                                
     Section 6                                                                                                              
     AS  12.55.125(e)   -  Sentences   of  imprisonment   for                                                                   
     felonies.                                                                                                                  
                                                                                                                                
     Increases  the  presumptive  range for  C-felonies  that                                                                   
     are a  first conviction  from 0  to 120 days  to 0  to 1                                                                   
     year.                                                                                                                      
                                                                                                                                
CHAIR COGHILL asked about suspended time.                                                                                       
                                                                                                                                
MR. SHILLING  replied the zero to  one-year term can  be comprised                                                              
of any portion of suspended or active time.                                                                                     
                                                                                                                                
     Section 10                                                                                                             
     AS  12.55.135(l)   -  Sentences   of  imprisonment   for                                                                   
     misdemeanors.                                                                                                              
                                                                                                                                
     Provides for up  to 5 days of active imprisonment  for a                                                                   
     second  conviction of  Theft  in the  Fourth Degree  (or                                                                   
     similar  offenses), rather  than  no active  time for  a                                                                   
     second conviction.  Up to 5  days of suspended  time may                                                                   
     be imposed for a first conviction.                                                                                         
                                                                                                                                
MR. SHILLING  explained that  the previous  version only  provided                                                              
active  imprisonment upon  a third  and  subsequent conviction  of                                                              
theft  in  the  fourth  degree  or  similar  offenses.  Version  R                                                              
provides  up to five  days of  active imprisonment  and a  term of                                                              
probation of up  to six months upon a second conviction.  A change                                                              
was also  made for a  first conviction;  version R provides  up to                                                              
five days of suspended  time for the first conviction  of theft in                                                              
the fourth degree.                                                                                                              
                                                                                                                                
CHAIR  COGHILL   added  that  the  Department  of   Law  supported                                                              
increasing the  level of the crime  to a class A  misdemeanor. "We                                                              
thought the  active jail  time and  suspended time would  probably                                                              
suffice."                                                                                                                       
                                                                                                                                
2:52:26 PM                                                                                                                    
SENATOR MEYER expressed  appreciation for the changes  in Sections                                                              
6 and  10. They address  the concerns  and frustrations  that both                                                              
the police and public have articulated.                                                                                         
                                                                                                                                
CHAIR  COGHILL said  his  hope is  that this  will  not only  give                                                              
judges  flexibility  but also  provide  the opportunity  for  more                                                              
people to receive risk assessments and diversionary programing.                                                                 
                                                                                                                                
MR. SHILLING  continued to  review the  changes between  version O                                                              
and version R.                                                                                                                  
                                                                                                                                
     Section 18                                                                                                             
         AS 33.07.030(a) - Duties of pretrial services                                                                          
     officers.                                                                                                                  
                                                                                                                                
     Former   section  18   is  deleted.   It  required   the                                                                   
     Department of  Corrections to provide the result  of the                                                                   
     pretrial   risk   assessment   to  the   defendant   and                                                                   
     prosecutor.                                                                                                                
                                                                                                                                
MR.  SHILLING advised  that internal  work groups  are working  on                                                              
how  and  when  the  defendant  and  the  prosecutor  receive  the                                                              
results  of the  risk  assessment  so subsequent  committees  will                                                              
need to address that issue.                                                                                                     
                                                                                                                                
CHAIR COGHILL  added that cross-agency  work is ongoing  to devise                                                              
a solution and it  seemed best to wait and see  the result of that                                                              
work.                                                                                                                           
                                                                                                                                
SENATOR  COSTELLO voiced  support for  increasing the  presumptive                                                              
sentence to zero  to one year for  a class C felony.  She said she                                                              
likes  that it  gives discretion  to  the judges.  She noted  that                                                              
John  Skidmore  [from  DOL]  also  emphasized  the  importance  of                                                              
flexibility.                                                                                                                    
                                                                                                                                
CHAIR   COGHILL  removed   his  objection.   Finding  no   further                                                              
objection,  version  R  was  adopted,   and  SB  54  was  held  in                                                              
committee.