Legislature(2017 - 2018)SENATE FINANCE 532
03/28/2017 09:00 AM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| SB54 | |
| SB55 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 54 | TELECONFERENCED | |
| *+ | SB 55 | TELECONFERENCED | |
| + | HB 57 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE BILL NO. 55
"An Act relating to criminal law and procedure;
relating to controlled substances; relating to
sentencing; relating to the period of probation;
relating to revocation, termination, suspension,
cancellation, or restoration of a driver's license;
relating to parole; relating to the duties of the
Department of Corrections and the Department of Health
and Social Services; and providing for an effective
date."
9:54:01 AM
Senator Coghill offered a sponsor statement for SB 55:
Senate Bill 55 makes technical revisions to the
criminal justice reform package passed by the
legislature in 2016, pursuant to recommendations made
by the Alaska Criminal Justice Commission. Technical
revisions are necessary to provide clarity and improve
implementation.
9:54:58 AM
Mr. Shilling reviewed the document "Senate Bill 55
Sectional Summary - Omnibus Crime/Corrections":
Section 1
AS 11.46.280(d) - Issuing a bad check.
Removes inadvertent inflation-adjustment of $25,000.
Section 2
AS 11.46.285(b) - Fraudulent use of an access device.
Removes inadvertent inflation-adjustment of $25,000.
Section 3
AS 11.46.730(c) - Defrauding creditors.
Removes inadvertent inflation-adjustment of $25,000.
Section 4
AS 11.71.050(a) - Misconduct involving controlled
substances in the fourth degree
Eliminates penalty overlap for possession of less than
an ounce of a VIA controlled substance and excludes
two forms of felony possession of a controlled
substance from the offense of misconduct involving a
controlled substance in the fourth degree, to conform
to MICS 2 and 3.
Section 5
AS 12.55.011(b) - Victim and community involvement in
sentencing.
Clarifies that the court shall only provide the form
to the victim if practicable.
Section 6
AS 12.55.015(a) - Authorized sentences; forfeiture.
Provides explicit authority to the court to suspend an
entry of judgment.
Section 7
AS 12.55.045(l) - Restitution and compensation.
Ensures that a restitution order is not discharged and
remains enforceable when a proceeding is dismissed
under a suspended entry of judgment.
9:56:57 AM
Mr. Shilling continued to discuss the Sectional Summary:
Section 8
AS 12.55.078(a) - Suspended entry of judgment.
Clarifies that the court may not impose a sentence of
imprisonment in a suspended entry of judgment.
Section 9
AS 12.55.078(d) - Suspended entry of judgment.
Clarifies when the court shall discharge and dismiss
proceedings in a suspended entry of judgment and
clarifies that a person who has successfully completed
probation and the requirements of a suspended entry of
judgment is not convicted of a crime.
Section 10
AS 12.55.078(f) - Suspended entry of judgment.
Clarifies that the crimes for which SEJ may not be
used are the crimes currently charged, not prior
convictions.
Section 11
AS 12.55.090(c) - Granting of probation
Clarifies that the maximum probation term for a felony
sex offense is 15 years, while all other unclassified
felonies have a maximum probation term of 10 years.
Section 12
AS 18.65.865(b) - Service of process; forms for
petitions and orders; fees; warnings; notification;
and pending civil or criminal actions.
Updates the maximum fine that may be imposed under
this section to conform to an increase in the maximum
fine for a class A misdemeanor.
Section 13
AS 18.66.130(d) - Specific protective orders.
Updates the maximum fine that may be imposed under
this section to conform to an increase in the maximum
fine for a class A misdemeanor.
Section 14
AS 28.15.165(e) - Administrative revocations and
disqualifications resulting from chemical sobriety
tests and refusals to submit to tests.
Clarifies that the dismissal of all charges,
regardless of prejudice, serves to meet the
requirement of this section.
Section 15
AS 44.19.645(g) - Powers and duties of the commission
Requires the Department of Corrections to report
certain data to the Alaska Criminal Justice Commission
regarding earned compliance credits for parolees.
Section 16
AS 47.37.040 - Duties of the department.
Authorizes the Alcohol Safety Action Program to accept
referrals from the court for minor
consuming/possession and similar offenses.
Section 17
AS 33.16.120(h) - Rights of certain victims in
connection with parole.
Resolves a drafting error that requires the Department
of Corrections to provide notifications for hearings
that will not occur.
Section 18
Uncodified law - applicability
This section contains applicability provisions.
Section 19
Uncodified law - applicability
This section contains applicability provisions
clarifying that no decisions made by the Board of
Parole prior to January 1, 2017 that extended the
period of supervision beyond the maximum release date
are to be construed as invalidated by the passage of
SB 91 (2016).
There is further clarification that the earned
compliance credit for parolees does not apply to time
served prior to January 1, 2017.
Section 20
Uncodified law - effective date
This bill takes effect immediately.
9:59:43 AM
Senator von Imhof asked about Section 5 and wondered
whether the section referred to the form being provided to
victims at the beginning of the sentencing process, or
anytime during the process.
Mr. Shilling assumed that the provision pertained to the
time the sentence was imposed.
Senator von Imhof understood that there could be
circumstances where it would be difficult to contact
victims for notification. She wondered how a victim's
constitutional right to know about changes in an offender's
status would be upheld.
Mr. Shilling agreed that a victim did have the right to be
appraised of the status of their offender. He informed the
committee the Department of Corrections did notify victims
of a change in offender custody status through the Victim
Information and Notification Everyday (VINE) automated
system. He clarified that the section in question was a new
requirement under SB 91 for the court to provide the form
if practicable. He believed that the language was meant to
accommodate for the fact that many victims did not show up
to, or be any part of, sentencing hearings. He said that it
was not the primary function of the court system to keep
contact information for victims, which made providing the
form a challenge.
10:03:42 AM
Senator Micciche referred to Section 4, and relayed that
there had been complaints in his community of the increase
in drug related crime, which he understood had begun long
before the passage of SB 91. He noted that SB 91 was
designed to rely on treatment and reinvestment but wondered
how a person possessing a controlled substance could stand
before a judge and be offered treatment, without first
being arrested.
Mr. Shilling explained that SB 91 did not prevent a person
from being charged or convicted for misdemeanor drug
possession. He furthered active imprisonment was not
necessary for the court to impose a requirement that
someone go to treatment. He added that there were
mechanisms in place that allowed the court to require that
someone get treatment and have consequences if they did
not. He said that research had shown that enhancing
criminal penalties was not an effective way of addressing
drug epidemics.
10:05:39 AM
Senator Micciche clarified his statement as being about a
plan of action for dealing with the drug epidemic in the
state. He stated that people being caught with small
quantities of drugs should be offered treatment because it
was only a matter of time before they turned to crime to
support their addiction.
10:06:49 AM
Co-Chair MacKinnon solicited further questions.
Vice-Chair Bishop discussed the fiscal notes for SB 55.
There was a new fiscal note from the Judiciary (OMB
component 768), which was a zero-fiscal note. He reviewed
additional zero fiscal notes: FN1 from the Department of
Public Safety, FN 2 from the Department of Corrections, FN
3 from the Department of Administration, FN 4 from the
Department of Health and Social Services, FN 5 from the
Department of Administration, FN 6 from the Department of
Administration, and FN 7 from the Department of Law.
SB 55 was HEARD and HELD in committee for further
consideration.
Co-Chair MacKinnon discussed housekeeping.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 55 - Sectional Summary (ver. N).pdf |
SFIN 3/28/2017 9:00:00 AM |
SB 55 |
| SB 54 Senate Bill 54 Presentation.pdf |
SFIN 3/28/2017 9:00:00 AM |
SB 54 |