04/13/2015 01:30 PM Senate FINANCE

SENATE BILL NO. 82                                                                                                            
                                                                                                                                
     "An Act relating to mitigating factors at sentencing."                                                                     
                                                                                                                                
2:38:38 PM                                                                                                                    
                                                                                                                                
SENATOR LESIL MCGUIRE,  SPONSOR, introduced the legislation.                                                                    
She explained  that mitigation was  used for the  judge that                                                                    
would  allow  the  judge  to  put  into  consideration.  The                                                                    
program  was  an  evidence-based abstinence  program.  Their                                                                    
policy  is   based  on  abstinence,   continued  monitoring,                                                                    
immediate     consequence    for     violations,    personal                                                                    
responsibility  and  accountability, data  base  collection;                                                                    
communication;  monitoring; change  of  behavior or  choices                                                                    
and  immediate  sanctions.  She stated  that  SB  82  allows                                                                    
Judges the ability to consider  successful completion of the                                                                    
program as  a mitigating factor  at time of  sentencing. She                                                                    
stressed that  the prison population in  Alaska was growing,                                                                    
and  the state  was  on track  to build  a  new prison.  She                                                                    
remarked that the legislation may  help to reduce the prison                                                                    
population,  and alleviate  some sentencing,  by encouraging                                                                    
sobriety.                                                                                                                       
                                                                                                                                
2:44:30 PM                                                                                                                    
                                                                                                                                
DENNIS   JOHNSON,   EXECUTIVE  DIRECTOR,   ALASKA   PRETRIAL                                                                    
SERVICES,  ANCHORAGE  (via   teleconference),  testified  in                                                                    
support of the legislation. He  remarked that he was part of                                                                    
the development  of the program,  and felt that  the program                                                                    
was extremely  effective. He had  seen the  different trials                                                                    
and tribulations  that the  individuals had  experienced. He                                                                    
stressed  that  the  program required  the  participants  to                                                                    
report  twice  daily,  seven  days   a  week.  Many  of  the                                                                    
participants  did not  hold  drivers  licenses. He  remarked                                                                    
that  the  successful  participants  were  held  to  a  high                                                                    
standard, and  were on  a strict  schedule. The  program was                                                                    
difficult, but  those that graduated  from the  program were                                                                    
most likely to succeed.                                                                                                         
                                                                                                                                
2:48:25 PM                                                                                                                    
                                                                                                                                
TOM  BUTLER,   COLONEL,  MONTANA  HIGHWAY   PATROL,  HELENA,                                                                    
MONTANA  (via  teleconference),  spoke  in  support  of  the                                                                    
legislation. He shared that the  program was integrated into                                                                    
Montana's system following the  2012 legislative session. He                                                                    
shared  that there  were  currently  4,000 participants  and                                                                    
600,000 breath tests. He announced  that 99.6 percent of the                                                                    
breath tests  were clean. He  shared that there  was current                                                                    
Montana legislation to expand the  program. He felt that the                                                                    
program would be greatly successful.                                                                                            
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
SB  82  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.