03/11/2014 05:00 PM Senate FINANCE

SENATE BILL NO. 64                                                                                                            
                                                                                                                                
     "An Act establishing the Alaska Sentencing Commission;                                                                     
     relating to jail-time credit for offenders in court-                                                                       
     ordered treatment programs; allowing a reduction of                                                                        
     penalties for offenders successfully completing court-                                                                     
     ordered  treatment programs  for  persons convicted  of                                                                    
     driving  while  under  the  influence  or  refusing  to                                                                    
     submit   to  a   chemical  test;   relating  to   court                                                                    
     termination  of a  revocation  of  a person's  driver's                                                                    
     license; relating  to limitation of  drivers' licenses;                                                                    
     relating  to conditions  of probation  and parole;  and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
6:15:54 PM                                                                                                                    
                                                                                                                                
Vice-Chair Fairclough MOVED to  ADOPT the proposed committee                                                                    
substitute  for  CS  SB 65  (FIN),  Work  Draft  28-LS0116/S                                                                    
(Gardner,  3/10/14). There  being  NO OBJECTION,  it was  so                                                                    
ordered.                                                                                                                        
                                                                                                                                
6:16:53 PM                                                                                                                    
                                                                                                                                
CHRISTINE MARASIGAN, STAFF, SENATOR KEVIN MEYER, explained                                                                      
the changes in the CS. She referred to a document that                                                                          
outlined the changes (copy on file):                                                                                            
                                                                                                                                
     SFIN CS for S8 64 (JUO) makes the following changes:                                                                       
                                                                                                                                
     •Increases the felony theft level from $750 to $1,200                                                                      
    There was consensus to move the felony theft level.                                                                         
                                                                                                                                
     •Moves   the  24/7   Sobriety   testing  program   from                                                                    
     Department of  Corrections to the Department  of Health                                                                    
     and Social Services*                                                                                                       
     There  is  a  pilot  program currently  in  Health  and                                                                    
     Social Services,  a three year  pilot project  for 24/7                                                                    
     alcohol/drug    testing   in    the   communities    of                                                                    
     Anchorage/Matsu/Fairbanks                                                                                                  
                                                                                                                                
     •Moves  the Recidivism  Reduction Fund  from Department                                                                    
     of Corrections  to the Department of  Health and Social                                                                    
     Services*  As we  heard in  public  testimony from  the                                                                    
     Department   of   Corrections,   they   do   not   have                                                                    
     granting/receipt authority  to do  this and  would have                                                                    
     to ramp  up some infrastructure  to do so.  The program                                                                    
     will be a better fit in HSS.                                                                                               
                                                                                                                                
     •Completely   removes  the   Alaska  Criminal   Justice                                                                    
     Commission* After  committee discussion it  was pointed                                                                    
     out   that  some   of  the   same  outcomes   could  be                                                                    
     accomplished  with  a  taskforce or  some  other  means                                                                    
     rather  than  have  another ongoing  commission,  which                                                                    
     costs money  that could be better  used in programming.                                                                    
     There are  several organizations  that could  be tasked                                                                    
     with  evaluating or  studying  recidivism in  Alaska-in                                                                    
     fact  some already  have:  UAA  Justice Center,  Alaska                                                                    
     Native  Justice  Center,   Alaska  Immigration  Justice                                                                    
     Project, the Recidivism Working Group, or ISER.                                                                            
                                                                                                                                
     •Adds  language  to  correctional screening  for  fetal                                                                    
     alcohol  syndrome, fetal  alcohol spectrum  disorder or                                                                    
     another   brain-based  disorder.   This  was   done  in                                                                    
     consultation with  both co-chairs,  the vice  chair and                                                                    
     the Alaska Mental Trust Authority.                                                                                         
                                                                                                                                
     •Changes  should  result  in  a  substantially  reduced                                                                    
     fiscal note  from the Department of  Corrections, a new                                                                    
     fiscal note  from the Department  of Health  and Social                                                                    
     Services that  while it will  note costs, will  be less                                                                    
     than what  the Department  of Corrections  proposed. It                                                                    
     is  anticipated  that  the Alaska  Court  System  would                                                                    
     submit a zero fiscal note.                                                                                                 
                                                                                                                                
6:20:05 PM                                                                                                                    
                                                                                                                                
Co-Chair  Meyer  noted that  the  new  fiscal note  for  the                                                                    
current  bill  version  had  yet  to  be  presented  to  the                                                                    
committee.                                                                                                                      
                                                                                                                                
Ms. Marasigan  replied that new  fiscal notes  would reflect                                                                    
savings as  a result  of the work  done in  conjunction with                                                                    
the  Department of  Health and  Social  Services (DHSS)  and                                                                    
Department of  Corrections (DOC). She noted  that staff from                                                                    
each finance  member's office  contributed to  providing the                                                                    
language necessary  to realize cost savings.  She understood                                                                    
that  the   elimination  of  the  Alaska   Criminal  Justice                                                                    
Commission  would result  in  a zero  fiscal  note from  the                                                                    
court system.                                                                                                                   
                                                                                                                                
Co-Chair  Meyer  stated  that  the  fiscal  notes  would  be                                                                    
available in the morning.                                                                                                       
6:22:16 PM                                                                                                                    
                                                                                                                                
Co-Chair   Kelly   requested   information   regarding   the                                                                    
necessary language  needed to separate property  crimes from                                                                    
the $500 theft level.                                                                                                           
                                                                                                                                
6:23:30 PM                                                                                                                    
                                                                                                                                
JORDON SHILLING, STAFF, SENATOR  JOHN COGHILL, referred to a                                                                    
graph  that  illustrated  the breakdown  of  the  number  of                                                                    
charges under  specific statutes.  He said he  would provide                                                                    
further information on the subject.                                                                                             
                                                                                                                                
6:24:24 PM                                                                                                                    
                                                                                                                                
Ms. Marasigan  interjected that she  had done  some research                                                                    
which  had revealed  that  the number  of  crimes that  were                                                                    
committed  that involved  property damage,  and reached  the                                                                    
$500 threshold, were substantially lower than theft.                                                                            
                                                                                                                                
6:24:57 PM                                                                                                                    
                                                                                                                                
Co-Chair Kelly  asked if the  property crime level  had been                                                                    
moved up as well as the theft.                                                                                                  
                                                                                                                                
Mr. Shilling replied in the affirmative.                                                                                        
                                                                                                                                
SB  64  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.