03/22/2023 01:30 PM Senate JUDICIARY

        SB  64-CONTROLLED SUB.;HOMICIDE;GOOD TIME DEDUC.                                                                    
                                                                                                                                
2:38:17 PM                                                                                                                    
CHAIR CLAMAN  announced the consideration  of SENATE BILL  NO. 64                                                               
"An  Act relating  to homicide  resulting from  conduct involving                                                               
controlled substances; relating to  the computation of good time;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
2:39:26 PM                                                                                                                    
JOHN SKIDMORE,  Deputy Attorney General,  Office of  the Attorney                                                               
General,  Criminal   Division,  Department  of   Law,  Anchorage,                                                               
Alaska,  introduced SB  64 on  behalf of  the administration.  He                                                               
remarked that the annual number  of deaths from drug overdose had                                                               
increased substantially in Alaska.  This requires a response, and                                                               
SB 64 provides  one piece of the proposed  response. He explained                                                               
that  the  provision   in  question  relates  to   the  crime  of                                                               
manslaughter. If  a person knowingly  manufactures or  delivers a                                                               
controlled  substance in  violation  of other  state  laws and  a                                                               
person  dies  as the  direct  result  of  the ingestion  of  that                                                               
controlled substance,  the crime  is classified  as manslaughter,                                                               
which  is   a  Class  A   felony  offense.  Manslaughter   has  a                                                               
presumptive  range  of  four  to seven  years  for  a  first-time                                                               
offender and a maximum of twenty years.                                                                                         
                                                                                                                                
MR. SKIDMORE explained that the  bill would move the provision of                                                               
manslaughter to murder  in the second degree. The  bill lifts the                                                               
provision  because  of the  dramatic  increase  in drug  overdose                                                               
deaths.  He  noted that  the  increase  in  deaths is  driven  by                                                               
fentanyl and methamphetamine poisoning.                                                                                         
                                                                                                                                
2:41:54 PM                                                                                                                    
MR. SKIDMORE  pointed to a  document in the bill  packets titled,                                                               
"Alaska  Department  of  Health   2021  Drug  Overdose  Mortality                                                               
Update." He moved  to the graph on page 5,  "Overdose Death Rates                                                               
by Drug (2012-2021)."  He quoted the language on page  6, "of the                                                               
drugs evaluated  in the report,  the largest increases  were seen                                                               
in overdose  deaths involving fentanyl  (a synthetic  opioid) and                                                               
methamphetamine (a  psychostimulant), increasing 150  percent and                                                               
148  percent,  respectively."  He   added  that  the  ability  to                                                               
prosecute overdose death  cases is limited. The  court must prove                                                               
that the  drugs supplied  were a  direct cause  of death  for the                                                               
person involved. The drugs must  be traced back to the individual                                                               
who  provided them.  The  bill attempts  to  authorize a  greater                                                               
penalty associated with engaging in the conduct.                                                                                
                                                                                                                                
2:44:33 PM                                                                                                                    
CHAIR CLAMAN moved to invited testimony.                                                                                        
                                                                                                                                
2:45:21 PM                                                                                                                    
SANDY SNODGRASS,  CEO, AK  Fentanyl Response  Project, Anchorage,                                                               
Alaska,  testified  by  invitation  in  support  of  SB  64.  She                                                               
reported  that  her  son,  Robert   Bruce  Snodgrass,  died  from                                                               
fentanyl  poisoning  in  Anchorage  on October  21,  2021.  Since                                                               
viewing the toxicology report following  her son's death, she has                                                               
worked  in  various  capacities  to  create  a  response  to  the                                                               
fentanyl epidemic.  She utilizes prevention and  outreach efforts                                                               
and SB  64 addresses public  safety. She expressed hope  that the                                                               
legislature  will  consider  moving  the bill  along  to  protect                                                               
Alaska's  children.  She opined  that  SB  64  could be  used  by                                                               
prosecutors  to  negotiate  with lower-level  drug  dealers.  She                                                               
seeks the prosecution of drug  trafficking organizations that are                                                               
targeting  Alaskans because  of  the inflated  prices of  illicit                                                               
drugs  in  rural areas.  She  mentioned  a  newer drug  known  as                                                               
xylazine that is gaining momentum  as another dangerous substance                                                               
and is often paired with fentanyl.                                                                                              
                                                                                                                                
CHAIR CLAMAN expressed condolences for the death of her son.                                                                    
                                                                                                                                
2:49:01 PM                                                                                                                    
SENATOR  KAUFMAN referred  to an  earlier  conversation with  Ms.                                                               
Snodgrass  where she  compared drug  overdose deaths  to aircraft                                                               
crashes.  He asked  her to  share the  comparison with  the other                                                               
committee members.                                                                                                              
                                                                                                                                
MS. SNODGRASS  offered the estimate  that 300 Americans  die from                                                               
drug-related  overdoses  every  day  in the  United  States.  She                                                               
pointed out that  300 people can travel on a  jumbo jet therefore                                                               
the  daily deaths  were analogous  to  a daily  plane crash.  She                                                               
presumed that the country would  cease all flying operations if a                                                               
jet crashed, killing  300 people every day.  She acknowledged the                                                               
lack  of response  to the  increase in  drug overdose  deaths and                                                               
fentanyl poisoning.                                                                                                             
                                                                                                                                
SENATOR KAUFMAN  offered to connect Ms.  Snodgrass with community                                                               
councils  and   other  community  meetings.  He   asked  how  the                                                               
legislature might otherwise signal the issue in Alaska.                                                                         
                                                                                                                                
MS.  SNODGRASS  reminded  the   committee  about  her  grassroots                                                               
efforts through  the AK Fentanyl  Response Project,  a community-                                                               
based  organization  used  to  educate  Alaskans  about  fentanyl                                                               
poisoning.  She noted  that her  organization works  closely with                                                               
the  Alaska  Drug  Enforcement Administration  (DEA)  to  provide                                                               
Naloxone  training and  distribution.  She  provided an  anecdote                                                               
about utilizing Naloxone to save a life in Washington, DC.                                                                      
                                                                                                                                
2:53:13 PM                                                                                                                    
CHAIR  CLAMAN   stated  that   he  appreciated   having  Naloxone                                                               
available. He asked  about her priority of  targeting larger drug                                                               
trafficking  organizations  versus  street dealers.  He  wondered                                                               
about the distinction.                                                                                                          
                                                                                                                                
MS. SNODGRASS replied that the person  who sold her son the drugs                                                               
that  led to  his death  was likely  a person  with an  addiction                                                               
disorder. She  did not  believe that  prison was  the appropriate                                                               
place  for  low-level  drug  dealers  unless  they  have  a  long                                                               
criminal history and  are felons. She stated that  the person who                                                               
sold or shared drugs with her  son was likely a friend who needed                                                               
help  with addiction  rather than  a prison  sentence. She  hoped                                                               
that large drug distribution organizations  would be disabled and                                                               
that people who profit from suffering would go to prison.                                                                       
                                                                                                                                
2:54:40 PM                                                                                                                    
CHAIR CLAMAN opened public testimony on SB 64.                                                                                  
                                                                                                                                
KAREN MALCOLM-SMITH, Founder,  David Dylan Foundation, Anchorage,                                                               
Alaska, stated that  she is a member of the  Alaska Mental Health                                                               
Advisory Board,  but her statement  did not reflect  the opinions                                                               
or  recommendations of  that board.  She  informed the  committee                                                               
that her 25-year-old son, Dylan, passed  away in 2017 from a drug                                                               
overdose  death.  She  started  the  David  Dylan  Foundation  to                                                               
provide education about fentanyl poisoning.                                                                                     
                                                                                                                                
CHAIR CLAMAN offered his condolences for her loss.                                                                              
                                                                                                                                
3:01:52 PM                                                                                                                    
STACY EISERT, representing self,  Anchorage, Alaska, testified in                                                               
support of  SB 64 and the  companion House bill. She  stated that                                                               
she lost  her son to fentanyl  poisoning. On March 10,  2021, her                                                               
son  ingested drugs  laced  with fentanyl.  She  spoke about  the                                                               
tragic loss  of her son. She  perceived that her son's  death was                                                               
an  act  of   homicide  by  people  who   knowingly  delivered  a                                                               
controlled substance. She  wondered how many more  lives would be                                                               
ruined  by  the  blatant  acts of  homicide.  She  advocated  for                                                               
consequences for trafficking dangerous substances.                                                                              
                                                                                                                                
CHAIR CLAMAN offered his condolences for her loss.                                                                              
                                                                                                                                
3:05:45 PM                                                                                                                    
JULIE BOUCHARD,  representing self, Palmer, Alaska,  testified in                                                               
support  of SB  64. She  reported  that her  21-year-old son  was                                                               
killed by  a lethal  dose of  fentanyl. She  held the  person who                                                               
sold her son  drugs responsible for his death. She  noted that an                                                               
open trooper investigation was ongoing,  which prevented her from                                                               
sharing  too  many  details.  She  reported  knowing  five  other                                                               
Alaskan  mothers who  lost children  to  fentanyl poisoning.  She                                                               
remarked  about the  58 percent  increase  in fentanyl  poisoning                                                               
deaths  in Alaska.  She believed  that a  person found  guilty of                                                               
selling fentanyl-laced  products should  be charged  with second-                                                               
degree murder.                                                                                                                  
                                                                                                                                
CHAIR CLAMAN offered his condolences for her loss.                                                                              
                                                                                                                                
3:08:48 PM                                                                                                                    
CHAIR CLAMAN closed  public testimony on SB 64 and  held the bill                                                               
for further review.