03/13/2014 09:00 AM 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."                                                                                          
                                                                                                                                
5:15:31 PM                                                                                                                    
                                                                                                                                
Co-Chair  Kelly  MOVED  to   ADOPT  the  proposed  committee                                                                    
substitute  for  CS  SB 64  (FIN),  Work  Draft  28-LS0116\L                                                                    
(Gardner,  3/12/14). There  being  NO OBJECTION,  it was  so                                                                    
ordered.                                                                                                                        
                                                                                                                                
CHRISTINE  MARASIGAN, STAFF,  SENATOR KEVIN  MEYER, remarked                                                                    
that the  most substantial change  was in the CS  was adding                                                                    
the  Alaska Criminal  Justice Commission  as it  was in  the                                                                    
original version.  She pointed  out that the  commission was                                                                    
increased from 10 to 12  members. In the original 12 members                                                                    
there were two legislators from  each body, this was reduced                                                                    
by two,  so there  was only one  legislator from  the senate                                                                    
and one legislator from the house.                                                                                              
                                                                                                                                
Co-Chair  Meyer surmised  that  the  membership was  reduced                                                                    
from 12 to 10. Ms. Marasigan agreed.                                                                                            
                                                                                                                                
Ms. Marasigan shared that the  second significant date was a                                                                    
sunset  date in  2018,  which was  contingent  on an  audit,                                                                    
which  was  the third  change  in  the  CS. The  only  other                                                                    
changes  were small  editorial changes  that were  addressed                                                                    
while waiting for the fiscal changes.                                                                                           
                                                                                                                                
Co-Chair  Meyer wondered  if there  were conversations  with                                                                    
the sponsor's  office regarding  the changes.  Ms. Marasigan                                                                    
replied in the affirmative.                                                                                                     
                                                                                                                                
Co-Chair  Meyer  stated that  the  sponsor  was present.  He                                                                    
asked for explanation  of the new fiscal  notes. He wondered                                                                    
if there were any questions from committee members.                                                                             
                                                                                                                                
Senator Olson  stated that he  had some  questions regarding                                                                    
the Alaska Criminal Justice Commission.                                                                                         
                                                                                                                                
Ms. Marasigan explained the fiscal notes.                                                                                       
                                                                                                                                
5:20:14 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:23:37 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Ms. Marasigan  referred to a comparison  sheet that outlined                                                                    
the differences between the old  fiscal notes and new fiscal                                                                    
notes (copy on file).                                                                                                           
                                                                                                                                
Co-Chair  Meyer wondered  if the  fiscal note  for 2015  had                                                                    
been  reduced  from  $6.9  million   to  $3.2  million.  Ms.                                                                    
Marasigan replied in the affirmative.                                                                                           
                                                                                                                                
Co-Chair Meyer  surmised that the  fiscal note for  2016 had                                                                    
been  reduced  from  $7.4  million   to  $3.8  million.  Ms.                                                                    
Marasigan agreed.                                                                                                               
                                                                                                                                
Co-Chair  Meyer  noted  that the  number  of  positions  was                                                                    
reduced from 23  through 34 to 17 through  28. Ms. Marasigan                                                                    
agreed.                                                                                                                         
                                                                                                                                
Co-Chair Meyer  wondered how  those reductions  affected the                                                                    
program. He  assumed the program  was still intact,  but the                                                                    
numbers  were moved  from Department  of  Health and  Social                                                                    
Services  (DHSS) and  Department of  Corrections (DOC).  Ms.                                                                    
Marasigan  agreed.  She explained  that  the  DHSS had  more                                                                    
infrastructures  to deal  with  the  grant recidivism  fund,                                                                    
wish programs in place to absorb some of those costs.                                                                           
                                                                                                                                
Vice-Chair  Fairclough  wondered  how   the  $4  million  in                                                                    
program  receipts  were  affected by  the  legislation.  Ms.                                                                    
Marasigan deferred to Ms. Ryder.                                                                                                
                                                                                                                                
5:28:25 PM                                                                                                                    
                                                                                                                                
AMANDA RYDER, FISCAL  ANALYST, LEGISLATIVE FINANCE DIVISION,                                                                    
(LFD)  explained   that  the  program  receipt   funds  were                                                                    
possibly  over-inflated.  The  fiscal   notes  were  a  more                                                                    
accurate reflection of the program.                                                                                             
                                                                                                                                
Vice-Chair Fairclough asked if  the inter-agency receipts on                                                                    
the fiscal note  were intended for the  health position. Ms.                                                                    
Marasigan replied in the affirmative.  She stated that there                                                                    
was  an   existing  program  for   testing  that   would  be                                                                    
contracted out for services.                                                                                                    
                                                                                                                                
Vice-Chair Fairclough wondered if  there was enough capacity                                                                    
inside  the   budget  to  spend  the   extra  money  without                                                                    
additional appropriation  power. Ms. Marasigan  replied that                                                                    
the current program was in  three different communities, and                                                                    
the  program  would be  phased  in.  She remarked  that  the                                                                    
purpose of the program was to reduce recidivism.                                                                                
                                                                                                                                
Co-Chair Meyer  asked if the  sponsor was supportive  of the                                                                    
changes in the legislation.                                                                                                     
                                                                                                                                
5:33:18 PM                                                                                                                    
                                                                                                                                
SENATOR JOHN  COGHILL, responded that  he was in  support of                                                                    
the legislation.  He shared that  he would continue  to work                                                                    
on the  licensing provisions, but  could not be  included in                                                                    
the current version of the legislation.                                                                                         
                                                                                                                                
Senator Olson queried  the reason why a task  force or audit                                                                    
capability  could  not take  the  place  of the  commission,                                                                    
rather  than  another   financial  burden.  Senator  Coghill                                                                    
understood  that  concern. He  felt  that  a group  must  be                                                                    
organized to  represent the best  in the  industry including                                                                    
superior  and  supreme  court  justices;  public  defenders;                                                                    
prosecutors;   and   individuals   in  the   Alaska   Native                                                                    
population to  ensure that the  best efforts  were practiced                                                                    
under  the   rigid  sentencing  laws.   He  felt   that  the                                                                    
commission must  be highly professional in  order to deliver                                                                    
the  most  informed   recommendations  related  to  ensuring                                                                    
public safety and examining some  flexibility in the current                                                                    
laws.                                                                                                                           
                                                                                                                                
Vice-Chair Fairclough  looked at  the combined total  of new                                                                    
travel of  over $50,000.  She asked  for explanation  of the                                                                    
ongoing  travel  funding.  Ms.  Marasigan  deferred  to  Ms.                                                                    
Huston.                                                                                                                         
                                                                                                                                
LESLIE   HUSTON,   DEPUTY    COMMISSIONER,   DEPARTMENT   OF                                                                    
CORRECTIONS,  assumed  the  question   was  related  to  the                                                                    
$23,000 in travel in association  with the implementation of                                                                    
PACE  for probation  and parole  statewide.  The funds  were                                                                    
necessary  for  the response  for  the  swift, certain,  and                                                                    
short-term offenders.                                                                                                           
                                                                                                                                
Vice-Chair Fairclough  stressed that  there was  an addition                                                                    
of $50,000 worth of new  travel. Ms. Huston only saw $23,000                                                                    
in travel.                                                                                                                      
                                                                                                                                
Vice-chair  Fairclough remarked  that the  new travel  costs                                                                    
included more departments than just DOC.                                                                                        
                                                                                                                                
5:41:55 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
5:43:03 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Vice-Chair  Fairclough  MOVED to  REPORT  CS  SB 64  out  of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CS SB  64 (FIN)  was REPORTED  out of  committee with  a "do                                                                    
pass"  recommendation  and  with previously  published  zero                                                                    
fiscal notes: FN:8(ADM),  FN:9(ADM), FN:10(ADM), FN:11(LAW),                                                                    
FN:12(GOV); three  new fiscal impact  notes from  the Senate                                                                    
Finance  Committee;   new  fiscal   impact  note   from  the                                                                    
Department of  Corrections; new fiscal impact  note from the                                                                    
Alaska  Court System;  and  new zero  fiscal  note from  the                                                                    
Alaska Court System.