Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/23/2016 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 8 | TELECONFERENCED | |
| + | SB 165 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
1:40:00 PM
CHAIR MCGUIRE announced the consideration of SSSB 91. She
thanked everyone who worked on the bill, noted the proposed CS
in the packets, said public testimony was open, and listed those
who were available to answer questions.
1:41:42 PM
SENATOR JOHN COGHILL, sponsor of SB 91, moved to adopt the CS
for SSSB 91, labeled 29-LS0541\G, as the working document.
CHAIR MCGUIRE stated that without objection, version G is before
the committee.
1:42:18 PM
CHET HARVEY-ADKINS, representing himself, testified in support
of SB 91. He shared his story of incarceration and
rehabilitation. He spoke of barrier crimes being an obstacle to
his success.
CHAIR MCGUIRE closed public testimony.
1:44:45 PM
JORDAN SHILLING, Staff, Senator John Coghill, Alaska State
Legislature, presented the changes between version I and version
G of SB 91. He pointed out that the committee substitute (CS)
incorporates the accumulated technical changes and
clarifications identified by Legislative Legal Services, the
Department of Law, the Public Defender Agency, the Court System,
and the Office of Victims' Rights.
He highlighted the technical change to ensure that possession of
methamphetamine precursors are not subject to the 2.5 gram
threshold.
CHAIR MCGUIRE asked about dosage versus gram weight.
MR. SHILLING explained that under current law, possession of any
amount of a methamphetamine precursor is treated with a certain
penalty. Since SB 91 uses weight as the dividing line between a
class B and class C felony, it was important to exclude
methamphetamine precursors from that provision so that
possession of any amount of methamphetamine precursor is a class
B felony, rather than apply the 2.5 gram threshold.
Change two is technical to ensure a defendant is entitled to
only one bail review hearing due to an inability to post bond.
Change three is substantive and excludes sex offenders from the
mandatory own recognizance (OR) offender release provision.
Change four removes provisions limiting judicial discretion to
impose community work as a condition of probation.
Change five establishes a maximum probation term that may be
imposed under the Suspended Entry of Judgement policy. This
change is intended to mirror a similar provision found in the
Suspended Imposition of Sentence statute.
Change six ensures that an early discharge recommendation made
to the court may only be made if the person remains in
compliance with the conditions of probation or parole for a full
year prior to being eligible for early discharge.
1:48:22 PM
Change seven requires the Department of Corrections to notify a
victim when a recommendation has been made to the court for
early discharge.
Change eight ensures that the Alaska Criminal Justice Commission
(ACJC) recommendations to reduce presumptive ranges for class A,
class B, and class C felonies is correctly implemented in the
bill.
Change nine conforms to the ACJC sentencing recommendation to
impose one month and six months of suspended time for first- and
second-time simple drug possession.
1:49:41 PM
Change ten requires the Department of Corrections to notify a
victim at least 90 days before the prisoner's earliest
administrative parole eligibility date and provides instructions
on how to request a hearing. The notification must be done at
least 60 days before the prisoner's eligibility date. He noted
this will need additional attention and work.
Change eleven extends victim notification provisions to victims
of sexual assault, departing from current law that only requires
notification to a victim of domestic violence.
Change twelve prevents good time from being awarded to
probationers serving time for violating the conditions of their
probation or parole. This ensures that the three- five- and ten-
day durations do not apply.
1:51:13 PM
Change thirteen gives new responsibilities to the ACJC including
making reinvestment recommendations to the legislature, tracking
and measuring outcomes of the reform package, and reporting to
the legislature.
Change fourteen restricts Alcohol Safety Action Program (ASAP)
referrals to only those required by statute.
1:51:58 PM
CHAIR MCGUIRE listed the individuals available to answer
questions.
1:53:15 PM
SENATOR COGHILL said he has seven amendments that need to
conform to version G of SB 91.
SENATOR MCGUIRE suggested members follow along on the document
"SB 91 Summary of Amendments."
CHAIR MCGUIRE moved that the amendments that pass today will be
crafted as conceptual, in part, because they will be drafted to
conform to version G of SB 91. There being no objection, the
motion carried.
1:55:11 PM
SENATOR COGHILL moved to adopt Amendment 1, labeled 29-
LS0541\I.5.
AMENDMENT 1
Page 84, following line 19:
Insert new bill sections to read:
"* Sec. 137. AS 47.38.100(a) is amended to read:
(a) The recidivism reduction program is
established to promote the rehabilitation [THROUGH
TRANSITIONAL RE-ENTRY PROGRAMS] of persons on
probation or parole or incarcerated for offenses and
recently released from correctional facilities.
* Sec. 138. AS 47.38.100(b) is amended to read:
(b) The commissioner, in cooperation with the
Alaska Criminal Justice Commission established in
AS 44.19.641 [COMMISSIONER OF CORRECTIONS], may
provide for programs that have, as a primary focus,
rehabilitation and reduction of recidivism [THROUGH
TRANSITIONAL RE-ENTRY] for persons on probation or
parole or incarcerated for offenses and recently
released from correctional facilities. The
commissioner may enter into contracts to provide for
programs under this section. An eligible [A] program
under this section must accomplish at least one of the
following objectives:
(1) increasing access to evidence-based
rehabilitation programs, including drug and alcohol
treatment, mental health treatment, and cognitive
behavioral programs; or
(2) supporting offenders' transition and re-
entry from correctional facilities to the community,
including transitional housing services, employment
services, vocational training, educational support,
and counseling [INCLUDE CASE MANAGEMENT;
(2) REQUIRE SOBER LIVING;
(3) PROVIDE, ON-SITE OR BY REFERRAL,
TREATMENT FOR SUBSTANCE ABUSE OR MENTAL HEALTH
TREATMENT;
(4) REQUIRE EMPLOYMENT, EDUCATIONAL
PROGRAMMING, VOCATIONAL TRAINING, OR COMMUNITY
VOLUNTEER WORK AS APPROVED BY THE DIRECTOR OF THE
TREATMENT PROGRAM; AND
(5) LIMIT RESIDENTIAL PLACEMENTS IN THE
PROGRAM TO A MAXIMUM OF ONE YEAR].
* Sec. 139. AS 47.38.100 is amended by adding a new
subsection to read:
(d) In this section, "evidenced-based" means a
program or practice that offers a high level of
research on effectiveness."
Renumber the following bill sections accordingly.
Page 86, following line 10:
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"* Sec. 146. The uncodified law of the State of
Alaska is amended by adding a new section to read:
COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
The Council on Domestic Violence and Sexual Assault
established in AS 18.66.010 shall create or expand
community-based violence prevention programming and
services for victims of a crime involving domestic
violence or sexual assault in the fiscal year ending
June 30, 2017. In this section "domestic violence" and
"sexual assault" have the meanings given to those
terms in AS 18.66.990."
Renumber the following bill sections accordingly.
Page 90, line 2:
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SENATOR COGHILL explained that Amendment 1 inserts reinvestment
language that repurposes the Recidivism Reduction Program to
provide a vehicle for funding programs, including uncodified
language to allow funding for violence prevention programs and
services for crime victims within the Council on Domestic
Violence and Sexual Assault. It talks about offender transition
services and re-entry into the community.
CHAIR MCGUIRE announced that without objection, Amendment 1 is
adopted.
SENATOR COGHILL moved to adopt Amendment 2, labeled 29-
LS0541\I.7.
AMENDMENT 2
Page 41, following line 30:
Insert new bill sections to read:
"* Sec. 67. AS 12.55.125(a) is amended to read:
(a) A defendant convicted of murder in the first
degree or murder of an unborn child under
AS 11.41.150(a)(1) shall be sentenced to a definite
term of imprisonment of at least 25 [20] years but not
more than 99 years. A defendant convicted of murder in
the first degree shall be sentenced to a mandatory
term of imprisonment of 99 years when
(1) the defendant is convicted of the murder
of a uniformed or otherwise clearly identified peace
officer, firefighter, or correctional employee who was
engaged in the performance of official duties at the
time of the murder;
(2) the defendant has been previously
convicted of
(A) murder in the first degree under
AS 11.41.100 or former AS 11.15.010 or 11.15.020;
(B) murder in the second degree under
AS 11.41.110 or former AS 11.15.030; or
(C) homicide under the laws of another
jurisdiction when the offense of which the defendant
was convicted contains elements similar to first
degree murder under AS 11.41.100 or second degree
murder under AS 11.41.110;
(3) the defendant subjected the murder
victim to substantial physical torture;
(4) the defendant is convicted of the murder
of and personally caused the death of a person, other
than a participant, during a robbery; or
(5) the defendant is a peace officer who
used the officer's authority as a peace officer to
facilitate the murder.
* Sec. 68. AS 12.55.125(b) is amended to read:
(b) A defendant convicted of attempted murder in
the first degree, solicitation to commit murder in the
first degree, conspiracy to commit murder in the first
degree, kidnapping, or misconduct involving a
controlled substance in the first degree shall be
sentenced to a definite term of imprisonment of at
least five years but not more than 99 years. A
defendant convicted of murder in the second degree or
murder of an unborn child under AS 11.41.150(a)(2) -
(4) shall be sentenced to a definite term of
imprisonment of at least 15 [10] years but not more
than 99 years. A defendant convicted of murder in the
second degree shall be sentenced to a definite term of
imprisonment of at least 20 years but not more than 99
years when the defendant is convicted of the murder of
a child under 16 years of age and the court finds by
clear and convincing evidence that the defendant (1)
was a natural parent, a stepparent, an adoptive
parent, a legal guardian, or a person occupying a
position of authority in relation to the child; or (2)
caused the death of the child by committing a crime
against a person under AS 11.41.200 - 11.41.530. In
this subsection, "legal guardian" and "position of
authority" have the meanings given in AS 11.41.470."
Renumber the following bill sections accordingly.
Page 86, line 3:
Delete "sec. 72"
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Page 86, line 6:
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Page 87, following line 2:
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"(20) AS 12.55.125(a), as amended by sec. 67
of this Act;
(21) AS 12.55.125(b), as amended by sec. 68
of this Act;"
Renumber the following paragraphs accordingly.
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SENATOR COGHILL explained that Amendment 2 increases the
mandatory minimum by five years for first degree murder and
second degree murder. This is based on public testimony requests
that good time allowance should not be considered for these two
crimes.
CHAIR MCGUIRE announced that without objection, Amendment 2 is
adopted.
1:56:39 PM
SENATOR COGHILL moved to adopt Amendment 3, labeled 29-
LS0541\I.8.
AMENDMENT 3
Page 68, line 2, following "procedures":
Insert "; consultation before parole"
Page 68, following line 26:
Insert a new subsection to read:
"(e) Before granting parole to a prisoner under
this chapter, the board shall consult with a
corrections officer designated by the commissioner."
1:56:49 PM
At ease
1:57:01 PM
SENATOR COGHILL explained Amendment 3 requires the parole board
to confer with a corrections officer prior to granting parole.
It includes parole officer involvement in the risk assessment
and decisions regarding the potential for probation and parole.
CHAIR MCGUIRE announced that without objection, Amendment 3 is
adopted.
1:57:56 PM
SENATOR COGHILL moved to adopt Amendment 4, labeled 29-
LS0541\I.9.
AMENDMENT 4
Page 60, line 11, following "community.":
Insert new material to read:
"The commissioner may, in accordance with
AS 36.30, procure and enter into agreements or
contracts for the supervision of defendants on
electronic monitoring during the pretrial period."
Page 84, following line 19:
Insert a new bill section to read:
"* Sec. 137. AS 47.38.020(d) is repealed and
reenacted to read:
(d) The department may, in accordance with
AS 36.30, procure and enter into agreements or
contracts to establish and implement the program and
testing required under (a) - (c) of this section."
Renumber the following bill sections accordingly.
Page 90, line 2:
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1:58:09 PM
At ease
1:59:21 PM
SENATOR COGHILL moved to lay Amendment 4 aside for further
discussion.
CHAIR MCGUIRE announced that without objection, Amendment 4 is
tabled.
1:59:42 PM
SENATOR COGHILL moved to adopt Amendment 5, labeled 29-
LS0541\I.10.
AMENDMENT 5
Page 62, line 5:
Delete "a misdemeanor or"
CHAIR MCGUIRE announced that without objection, Amendment 5 is
adopted.
2:00:08 PM
SENATOR COGHILL moved Amendment 6, labeled 29-LS0541\I.13.
AMENDMENT 6
Page 18, line 24:
Delete "sexual"
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Page 18, lines 30 - 31:
Delete all material and insert:
"(B) "sex offense" has the meaning given in
AS 12.63.100"
Page 33, following line 24:
Insert a new bill section to read:
"* Sec. 53. AS 12.55.027 is amended by adding a new
subsection to read:
(f) To qualify as a treatment program under this
section, a program must
(1) be intended to address criminogenic
traits or behaviors;
(2) provide measures of progress or
completion; and
(3) require notification to the court or
probation officer of violations of conditions of bail
or probation."
Renumber the following bill sections accordingly.
Page 41, line 23:
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Page 41, line 24, following "treatment":
Insert "; or
(C) failing to complete an intervention
program for batterers"
Page 58, line 9, following "Safety,":
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Page 62, lines 5 - 6:
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Insert "sex offense as defined in AS 12.63.100"
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(C) failing to complete an intervention
program for batterers"
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"(20) AS 12.55.027, as amended by sec. 53 of
this Act;"
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SENATOR COGHILL explained that Amendment 6 expands the
definition of sexual offense to encompass a broader array of
offenses for the purposes of overcoming the presumption of
citation. It also provides a definition for treatment programs
to guide the courts in determining pretrial credit for time
served in rehabilitative treatment.
2:00:40 PM
At ease
2:01:47 PM
MR. SHILLING clarified that the commission recommended an earned
credit for inmates who comply and successfully complete sex
offender treatment while they're incarcerated. That credit
currently is one-third and Amendment 6 reduces it to one-fifth.
CHAIR MCGUIRE asked if expanding the definition to sexual
offense is in response to some of the Victims' Rights testimony.
MR. SHILLING explained that the change is in response to
concerns that exceptions necessary to overcome the presumption
of citations did not include all sexual offenses. The definition
of sexual offenses in versions I and G are narrower and
Amendment 6 provides a broader definition that will encompass
additional sex crimes.
CHAIR MCGUIRE provided examples. She commented that this is the
area that had the most testimony. Amendment 6 provides more
tools to law enforcement, but also considers the alternative of
citing, rather than arrest.
CHAIR MCGUIRE announced that without objection, Amendment 6 is
adopted.
2:04:15 PM
At ease
2:04:50 PM
SENATOR COGHILL moved to adopt Amendment 7, labeled 29-
LS0541\I.18.
AMENDMENT 7
Page 79, line 22:
Delete "before release and"
Page 79, line 23, following "detention":
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parole, furlough, or electronic monitoring from a
correctional facility"
He explained that Amendment 7 requires the Department of
Corrections to conduct an assessment prior to release on parole,
furlough, or electronic monitoring from a correctional facility.
CHAIR MCGUIRE announced that without objection, Amendment 7 is
adopted.
2:05:42 PM
At ease
2:09:19 PM
SENATOR MCGUIRE moved to adopt Amendment 8, labeled 29-
LS0541\I.12.
AMENDMENT 8
Page 1, line 7, following "license;":
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Commission;"
Page 86, following line 10:
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"* Sec. 143. The uncodified law of the State of
Alaska is amended by adding a new section to read:
REPORT OF THE ALASKA CRIMINAL JUSTICE COMMISSION
REGARDING BARRIER OFFENSES. The Alaska Criminal
Justice Commission shall provide in the commission's
2017 annual report required under AS 44.19.647 an
evaluation of the relationship between offenses on a
person's criminal justice record that may be a barrier
to entry into certain occupations and the successful
re-entry of a person with barrier offenses on the
person's criminal justice record into the community."
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SENATOR COGHILL objected for discussion.
CHAIR MCGUIRE explained that according to the Legal Action
Center, Alaska ranks number one in the nation for state-created
barriers to successful re-entry for persons with a criminal
record. Barrier crimes are largely independent of an offender's
sentence by the judicial system. Collateral consequences
nationally are often the most significant consequence of a
criminal offense despite this disconnect. Reducing barriers to
employment is an effective way to combat recidivism and to
promote healthy re-entry to society. Preventing someone who has
done their time from getting a job only encourages them to
return to their old ways to try to get by. Meaningful employment
is one of the surest predictors of success in re-entry.
She said the state has both a public safety interest and a
humanitarian interest in encouraging re-integration of offenders
who have served their time. The evidence is clear, offenders who
have served their sentences almost never actually stop paying
for their crimes. Collateral consequences hurt them and their
families through inadequate employment long after they have
served their time.
CHAIR MCGUIRE explained that Amendment 8 requires the Alaska
Criminal Justice Commission to provide in their 2017 annual
report, an evaluation of the relationship between barrier
offenses and successful re-entry into the community. The report
may help the legislature to deal with the issue of barrier
crimes in an effective manner, therefore reducing recidivism.
She referred to the previous testimony from Mr. Harvey-Adkins
regarding barrier crimes.
She commented that two of the amendments she is offering today
ask that the commission make recommendations on the net effect
of barrier crimes and re-entry and expungement.
SENATOR COGHILL withdrew his objection.
CHAIR MCGUIRE announced that without objection, Amendment 8 is
adopted.
2:12:43 PM
CHAIR MCGUIRE moved to adopt Amendment 9, labeled 29-LS0541\G.1.
AMENDMENT 9
Page 1, line 1, following "substances;":
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the crime of prostitution;"
Page 10, following line 28:
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"* Sec. 25. AS 11.66.100 is amended by adding a new
subsection to read:
(e) A person may not be prosecuted under (a)(1)
of this section if the
(1) person witnessed or was a victim of,
and reported to law enforcement in good faith, one or
more of the following crimes:
(A) murder in the first degree under
AS 11.41.100;
(B) murder in the second degree under
AS 11.41.110;
(C) manslaughter under AS 11.41.120;
(D) criminally negligent homicide under
AS 11.41.130;
(E) assault in the first degree under
AS 11.41.200;
(F) assault in the second degree under
AS 11.41.210;
(G) assault in the third degree under
AS 11.41.220;
(H) assault in the fourth degree under
AS 11.41.230;
(I) sexual assault in the first degree
under AS 11.41.410;
(J) sexual assault in the second degree
under AS 11.41.420;
(K) sexual assault in the third degree
under AS 11.41.425;
(L) sexual assault in the fourth degree
under AS 11.41.427;
(M) sex trafficking in the first degree
under AS 11.66.110;
(N) sex trafficking in the second degree
under AS 11.66.120;
(O) sex trafficking in the third degree
under AS 11.66.130; or
(P) sex trafficking in the fourth degree
under AS 11.66.135;
(2) evidence supporting the prosecution
under (a)(1) of this section was obtained or
discovered as a result of the person reporting the
crime to law enforcement; and
(3) person cooperated with law enforcement
personnel."
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84, 86, 88, 127, 128, 136 - 145, and 149"
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85, 87, 89, 128, 137 - 146, and 150"
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67, 82, 83, 85, 89 - 91, 93 - 126, and 129 - 133"
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68, 83, 84, 86, 90 - 92, 94 - 127, and 130"
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150(f)"
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151(f)"
SENATOR COGHILL objected for discussion purposes.
CHAIR MCGUIRE explained that Amendment 9 is a result of
conversations with Senator Berta Gardner and individuals who
have been part of a movement to ask the legislature to consider
prostitution in light of sex trafficking. This amendment
narrowly addresses some valid concerns and provides immunity for
the charge of prostitution if the person contacts law
enforcement when they are the victim or witness to violent
crimes against themselves or others. She listed the violent
crimes included in the amendment: murder, assault, sexual
assault, and sex trafficking. This is a narrow legal mechanism
that allows prostitutes and victims of sex trafficking to report
criminal acts without being faced with the risk of arrest.
She noted a goal of the amendment is for law enforcement to gain
access to the criminal underworld populated by violent johns and
sex offenders. Another goal is to provide police protection to
those who work in the sex trade who might face the additional
risk of violence. She acknowledged that prostitution remains
illegal, however, a victim of rape, assault, and murder is still
a human being under the eyes of the law and the perpetrator of
the crime should not be allowed to avoid prosecution simply
because the victim is in a position of fear. Prostitutes and
victims of sex trafficking are among the most vulnerable and
underserved of all populations.
She cited recent studies of assaults on prostitutes and their
likelihood of being murdered.
SENATOR COGHILL withdrew his objection.
CHAIR MCGUIRE announced that without objection, Amendment 9 is
adopted.
2:17:19 PM
CHAIR MCGUIRE moved to adopt Amendment 10, labeled 29-
LS0541\I.4.
AMENDMENT 10
Page 60, line 18:
Delete "; and"
Insert ";
(4) require that a defendant charged with
an offense involving the use of alcohol or controlled
substances comply with a program established under
AS 47.38.020; and"
Renumber the following paragraph accordingly.
Page 72, line 18:
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Insert "parole [PROBATION]"
Page 72, following line 24:
Insert a new bill section to read:
"* Sec. 115. AS 33.16.150 is amended by adding a
new subsection to read:
(h) In addition to other conditions of parole
imposed under this section, for a prisoner serving a
sentence for an offense involving the use of alcohol
or controlled substances, the board may impose, as a
condition of special medical, administrative,
discretionary, or mandatory parole, a requirement that
the prisoner comply with a program established under
AS 33.16.060(c) or AS 47.38.020. The board may require
a prisoner serving a period of parole and complying
with a program established under AS 33.16.060(c) or
AS 47.38.020 to pay all or a portion of the costs
associated with the program."
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Page 89, following line 21:
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"(9) AS 33.16.150(h), enacted by sec. 115
of this Act;"
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SENATOR COGHILL objected for discussion purposes.
CHAIR MCGUIRE explained Amendment 10 pertains to the drug and
alcohol testing program under AS 47.38.020. There are a
significant number of crimes perpetrated by those under the
influence of alcohol or drugs. The amendment proposes to
introduce a twice daily sobriety testing program for moderate to
high risk offenders called the 24/7 sobriety program. It ensures
that individuals are not consuming alcohol or drugs on a daily
basis for a minimum of 90 to 120 days.
She said that in 2014 the Department of Health and Social
Services (DHSS) implemented a 24/7 sobriety testing pilot
project and in 2015 a total of 808 Alaskans were assigned to the
program. The recidivism rate was less than 2 percent. She shared
the results of a 24/7 program from South Dakota.
She noted the word "may" has been used throughout the amendment
so the program is an option to be used at the discretion of the
supervising officer and the Board of Parole.
SENATOR COGHILL said he has not had time to read AS 47.38.020.
2:19:55 PM
At ease
2:24:59 PM
CHAIR MCGUIRE explained that the discussion relates to AS
47.38.020.
SENATOR COGHILL offered his understanding that the 24/7 may be
used as a tool. He withdrew his objection to adopting Amendment
10.
CHAIR MCGUIRE explained the initial 24/7 program was a pilot
program and the vendor demonstrated success. Procurement
obligations will be dealt with by the Department of Corrections.
She said she is open to other vendors being allowed to compete.
The program is a tool than may be used and not just one vendor
has rights.
2:26:53 PM
SENATOR COSTELLO asked if this amendment was previously set
aside.
CHAIR MCGUIRE said no; Amendment 4 would be taken up next.
CHAIR MCGUIRE announced that without objection, Amendment 10 is
adopted.
2:27:11 PM
SENATOR COGHILL moved to take Amendment 4, labeled 29-
LS0541\I.9, from the table. There being no objection, Amendment
4 was back before the committee.
SENATOR COGHILL explained that Amendment 4 authorizes the
Department of Correction to enter into contracts for services
such as the 24/7 program and pretrial monitoring.
CHAIR MCGUIRE announced that without objection, Amendment 4 is
adopted.
2:28:03 PM
SENATOR WIELECHOWSKI moved to adopt Amendment 11, labeled 29-
LS0541\I.15.
CHAIR MCGUIRE objected.
AMENDMENT 11
Page 80, lines 17 - 19:
Delete all material and insert:
"(10) for offenders under electronic
monitoring, establish
(A) minimum standards for electronic
monitoring, including the requirement of active, real-
time monitoring using global positioning systems; and
(B) procedures for oversight and approving
electronic monitoring programs and systems provided by
private contractors."
2:28:47 PM
At ease
2:33:40 PM
CHAIR MCGUIRE reconvened the meeting and asked Senator
Wielechowski to offer the amendment.
SENATOR WIELECHOWSKI restated that he moved Amendment 11,
labeled 29-LS0541\I.15.
SENATOR COGHILL objected for discussion purposes.
SENATOR WIELECHOWSKI explained that Amendment 11 deletes
material on page 80, lines 17 - 19, and adds standards for
active real-time electronic monitoring for pretrial only, as
well as procedures for oversight and approving electronic
monitoring programs. He stressed that pretrial is a time of high
stress and is the time to focus on the individual who may be
going to jail. He shared stories about passive versus active
electronic systems and the advantages of real-time monitoring.
He pointed out that costs would be paid for by the individual
being monitored.
CHAIR MCGUIRE commented that Amendment 11 addresses law
enforcement concerns regarding tracking pretrial individuals.
She asked why isolate real-time monitoring to pretrial and
suggested it be used during the whole process, which could also
reduce costs.
SENATOR WIELECHOWSKI said that ideally would happen. Cost is a
factor and the largest concern is during pretrial.
SENATOR COGHILL added that there is less oversight during
pretrial and it merits the most attention and it establishes
standards.
CHAIR MCGUIRE suggested later on it might be considered
throughout the process because active monitoring protects the
public. She wanted to see SB 91 go forward and recognized there
is a cost.
2:40:49 PM
At ease
2:41:12 PM
SENATOR COGHILL withdrew his objection.
CHAIR MCGUIRE announced that without objection, Amendment 11 is
adopted. [The assumption is that Senator McGuire withdrew her
objection.]
2:41:22 PM
SENATOR WIELECHOWSKI moved Amendment 12, labeled 29-LS0541\I.16.
AMENDMENT 12
Page 72, line 16, following "must":
Insert "comply with AS 33.30.011(10) and"
Page 80, following line 26:
Insert a new bill section to read:
"* Sec. 131. AS 33.30.065(a) is amended to read:
(a) If the commissioner designates a prisoner to
serve the prisoner's term of imprisonment or period of
temporary commitment, or a part of the term or period,
by electronic monitoring, the commissioner shall
direct the prisoner to serve the term or period at the
prisoner's residence or other place selected by the
commissioner. The electronic monitoring shall be
administered by the department or by a private
contractor approved by the department under
AS 33.30.011(10) and shall be designed so that any
attempt to remove, tamper with, or disable the
monitoring equipment or to leave the place selected
for the service of the term or period will result in a
report or notice to the department."
Renumber the following bill sections accordingly.
Page 87, line 8:
Delete "sec. 136"
Insert "sec. 137"
Page 90, line 2:
Delete "secs. 137 - 139"
Insert "secs. 138 - 140"
Page 90, line 3:
Delete "137 - 139"
Insert "138 - 140"
Page 90, line 19:
Delete "sec. 134"
Insert "sec. 135"
Page 90, line 22:
Delete "sec. 135"
Insert "sec. 136"
Page 90, line 29:
Delete "sec. 137"
Insert "sec. 138"
Page 90, line 31:
Delete "sec. 142(a)"
Insert "sec. 143(a)"
Page 91, line 3:
Delete "sec. 142(b)"
Insert "sec. 143(b)"
Page 91, line 6:
Delete "sec. 142(b)"
Insert "sec. 143(b)"
Page 91, line 9:
Delete "sec. 142(c)"
Insert "sec. 143(c)"
Page 91, line 12:
Delete "sec. 142(d)"
Insert "sec. 143(d)"
Page 91, line 15:
Delete "sec. 142(e)"
Insert "sec. 143(e)"
Page 91, line 18:
Delete "sec. 142(f)"
Insert "sec. 143(f)"
Page 91, line 23:
Delete "Section 141"
Insert "Section 142"
Page 91, line 25:
Delete "sec. 135"
Insert "sec. 136"
Page 91, line 28:
Delete "sec. 135"
Insert "sec. 136"
Page 91, line 30:
Delete "sec. 135"
Insert "sec. 136"
Page 92, line 2:
Delete "134"
Insert "135"
Page 92, line 3:
Delete "sec. 137"
Insert "sec. 138"
Page 92, line 5:
Delete "Sections 138 and 139"
Insert "Sections 139 and 140"
Page 92, line 6:
Delete "sec. 141"
Insert "sec. 142"
Delete "sec. 146"
Insert "sec. 147"
Page 92, line 8:
Delete "sec. 146"
Insert "sec. 147"
SENATOR COGHILL objected for discussion purposes.
SENATOR WIELECHOWSKI explained Amendment 12 adds permissive
language allowing the Department of Corrections the optional
tool of contracting out for electronic monitoring post-trial.
SENATOR COGHILL commented that it is similar to other places in
the bill where a tool is provided. He removed his objection.
CHAIR MCGUIRE announced that without objection, Amendment 12 is
adopted.
2:42:34 PM
SENATOR WIELECHOWSKI moved Amendment 13, labeled 29-LS0541\I.17.
AMENDMENT 13
Page 33, lines 12 - 13:
Delete "of not more than 120 days against the
total term [A SENTENCE]"
Insert "a sentence"
Page 33, following line 24:
Insert a new bill section to read:
"* Sec. 53. AS 12.55.027 is amended by adding a new
subsection to read:
(f) A court granting credit against a sentence
of imprisonment under (d) of this section may grant
credit of not more than 120 days against a total term
of imprisonment imposed for
(1) a crime against a person under AS 11.41;
(2) a sex offense as defined in
AS 12.63.100;
(3) an offense under AS 11.71 involving the
delivery of a controlled substance to a person under
19 years of age;
(4) burglary in the first degree under AS
11.46.300; or
(5) arson in the first degree under
AS 11.46.400."
Renumber the following bill sections accordingly.
Page 85, line 27:
Delete "sec. 57"
Insert "sec. 58"
Page 85, line 30:
Delete "sec. 57"
Insert "sec. 58"
Page 85, line 31:
Delete "sec. 58"
Insert "sec. 59"
Page 86, line 3:
Delete "sec. 72"
Insert "sec. 73"
Page 86, line 6:
Delete "sec. 92"
Insert "sec. 93"
Page 87, line 3:
Delete "sec. 78"
Insert "sec. 79"
Page 87, line 4:
Delete "sec. 79"
Insert "sec. 80"
Page 87, line 5:
Delete "sec. 85"
Insert "sec. 86"
Page 87, line 6:
Delete "sec. 86"
Insert "sec. 87"
Page 87, line 7:
Delete "sec. 87"
Insert "sec. 88"
Page 87, line 8:
Delete "sec. 136"
Insert "sec. 137"
Page 87, following line 24:
Insert a new paragraph to read:
"(5) AS 12.55.027(f), enacted by sec. 53 of
this Act;"
Renumber the following paragraphs accordingly.
Page 87, line 25:
Delete "sec. 66"
Insert "sec. 67"
Page 87, line 26:
Delete "sec. 67"
Insert "sec. 68"
Page 87, line 27:
Delete "sec. 68"
Insert "sec. 69"
Page 87, line 28:
Delete "sec. 69"
Insert "sec. 70"
Page 87, line 29:
Delete "sec. 70"
Insert "sec. 71"
Page 87, line 30:
Delete "sec. 71"
Insert "sec. 72"
Page 87, line 31:
Delete "sec. 72"
Insert "sec. 73"
Page 88, line 1:
Delete "sec. 81"
Insert "sec. 82"
Page 88, line 2:
Delete "sec. 84"
Insert "sec. 85"
Page 88, line 3:
Delete "sec. 93"
Insert "sec. 94"
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Delete "sec. 94"
Insert "sec. 95"
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Delete "sec. 95"
Insert "sec. 96"
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Delete "sec. 96"
Insert "sec. 97"
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Delete "sec. 97"
Insert "sec. 98"
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Delete "sec. 98"
Insert "sec. 99"
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Delete "sec. 100"
Insert "sec. 101"
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Delete "sec. 102"
Insert "sec. 103"
Page 88, line 11:
Delete "sec. 127"
Insert "sec. 128"
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Delete "sec. 128"
Insert "sec. 129"
Page 88, line 19:
Delete "sec. 55"
Insert "sec. 56"
Page 88, line 20:
Delete "sec. 56"
Insert "sec. 57"
Page 88, line 21:
Delete "sec. 57"
Insert "sec. 58"
Page 88, line 22:
Delete "sec. 58"
Insert "sec. 59"
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Delete "sec. 58"
Insert "sec. 59"
Page 88, line 24:
Delete "sec. 58"
Insert "sec. 59"
Page 88, line 27:
Delete "sec. 53"
Insert "sec. 54"
Page 88, line 28:
Delete "sec. 59"
Insert "sec. 60"
Page 88, line 29:
Delete "sec. 60"
Insert "sec. 61"
Page 88, line 30:
Delete "sec. 61"
Insert "sec. 62"
Page 88, line 31:
Delete "sec. 62"
Insert "sec. 63"
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Delete "sec. 63"
Insert "sec. 64"
Page 89, line 2:
Delete "sec. 65"
Insert "sec. 66"
Page 89, line 3:
Delete "sec. 89"
Insert "sec. 90"
Page 89, line 4:
Delete "sec. 90"
Insert "sec. 91"
Page 89, line 8:
Delete "sec. 75"
Insert "sec. 76"
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Delete "sec. 76"
Insert "sec. 77"
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Delete "sec. 77"
Insert "sec. 78"
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Delete "sec. 83"
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Delete "sec. 101"
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Delete "sec. 108"
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Page 90, line 1:
Delete "sec. 125"
Insert "sec. 126"
Page 90, line 2:
Delete "secs. 137 - 139"
Insert "secs. 138 - 140"
Page 90, line 3:
Delete "137 - 139"
Insert "138 - 140"
Page 90, line 17:
Delete "sec. 54"
Insert "sec. 55"
Page 90, line 18:
Delete "sec. 92"
Insert "sec. 93"
Page 90, line 19:
Delete "sec. 134"
Insert "sec. 135"
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Delete "sec. 135"
Insert "sec. 136"
Page 90, line 29:
Delete "sec. 137"
Insert "sec. 138"
Page 90, line 31:
Delete "sec. 142(a)"
Insert "sec. 143(a)"
Page 91, line 3:
Delete "sec. 142(b)"
Insert "sec. 143(b)"
Page 91, line 6:
Delete "sec. 142(b)"
Insert "sec. 143(b)"
Page 91, line 9:
Delete "sec. 142(c)"
Insert "sec. 143(c)"
Page 91, line 12:
Delete "sec. 142(d)"
Insert "sec. 143(d)"
Page 91, line 15:
Delete "sec. 142(e)"
Insert "sec. 143(e)"
Page 91, line 18:
Delete "sec. 142(f)"
Insert "sec. 143(f)"
Page 91, line 23:
Delete "Section 141"
Insert "Section 142"
Page 91, line 25:
Delete "sec. 135"
Insert "sec. 136"
Page 91, line 28:
Delete "sec. 135"
Insert "sec. 136"
Page 91, line 30:
Delete "sec. 135"
Insert "sec. 136"
Page 92, line 2:
Delete "54, 92, and 134"
Insert "55, 93, and 135"
Page 92, line 3:
Delete "sec. 137"
Insert "sec. 138"
Page 92, line 5:
Delete "Sections 138 and 139"
Insert "Sections 139 and 140"
Page 92, line 6:
Delete "sec. 141"
Insert "sec. 142"
Delete "sec. 146"
Insert "sec. 147"
Page 92, line 8:
Delete "sec. 146"
Insert "sec. 147"
SENATOR COGHILL objected for discussion purposes.
SENATOR WIELECHOWSKI explained that Amendment 13 deals with the
provision regarding earned credit. The original provision
allowed up to 120 days. The amendment allows a person to get
credit that can exceed 120 days except for those in five
categories: a crime against a person, a sex offense, delivery of
a controlled substance to a person under 19, burglary in the
first degree, and arson in the first degree. He said this has
been discussed by the Office of Victims' Rights, which is
supportive of the amendment.
SENATOR COGHILL commented on the intention to push for speedy
trials. He withdrew his objection.
CHAIR MCGUIRE announced that without objection, Amendment 13 is
adopted.
2:44:16 PM
CHAIR MCGUIRE returned to Amendment 8, labeled LS0541\I.12, and
moved to rescind the action to adopt Amendment 8.
There being no objection, Amendment 8 was back before the
committee.
CHAIR MCGUIRE moved to adopt Conceptual Amendment 8.A.
SENATOR COGHILL objected for discussion purposes.
CHAIR MCGUIRE explained that Legislative Legal Services has the
authority to achieve the result she is looking for in the
amendment. Amendment 8.A would request a report by the Alaska
Criminal Justice Commission to the legislature on the
relationship between offenses on a person's criminal justice
record that may be a barrier to certain occupations and the
successful re-entry of a person into the community, but also an
evaluation of the relationship between legal expungement and/or
pardoning and its effect on successful re-entry.
Nancy Meade with the Court System informed her office that there
was not sufficient time, without holding up SB 91, to enact an
expungement procedure into state law. She said the commission
will be looking at other places that have expungement. She said
there is potential that it is unconstitutional as a violation of
separation of powers because currently the governor has the
power to pardon.
She said if the report comes back with a more successful
relationship between actual expungement and/or pardoning on
successful re-entry, the legislature should consider codifying a
procedure for considering that. She suggested that it mirror the
current process for selection of judges in the Judicial Council.
She explained how that selection was revised to lessen the
chance that it was unconstitutional. The procedure in an
expungement provision would consist of a three-judge panel, or
the parole board, who would recommend names to be pardoned and
submit them to the governor to make the decision. She voiced
concern about the elitism of the current pardoning power.
CHAIR MCGUIRE moved Conceptual Amendment 8.A.
CONCEPTUAL AMENDMENT 8.A
On line 13, after the language requesting the Criminal
Justice Commission report, add "and an evaluation of
the relationship between legal expungement and/or
pardoning on successful reentry."
2:50:29 PM
SENATOR COSTELLO asked if the conceptual amendment is requesting
a report.
CHAIR MCGUIRE said yes; the commission would provide a report to
the legislature for consideration of a possible next step.
CHAIR MCGUIRE announced that without objection, Conceptual
Amendment 8.A is adopted.
2:51:37 PM
SENATOR COGHILL provided closing comments. He thanked those who
worked on the bill. He noted the fiscal notes will determine
what can be done moving forward. He said the input from victims'
advocates have had a huge impact on the bill. He said, "From the
commission's report to now, we know that we can't continue to do
things the way we're doing them." He said the state has to
consider safety and those who are victimized and to use time,
efforts, and resources wisely. The commission was tasked with
revising all aspects of incarceration. He said SB 91 is a body
of law that "tries to do it a better way than we've done
before."
He noted there is concern the new concepts will cause more
crime, but maintained that the goal of the bill is to reduce
recidivism and crime. He hoped, through this effort, to save
jail time costs and reinvest that money into programmatic
benefits and public safety. He stated that the bill has had a
lot of stakeholder involvement and is the result of much work by
the commission to hold people accountable differently, but also
have a data-driven approach to the safety of the public.
2:55:21 PM
SENATOR COGHILL moved to report the CS for SSSB 91, as amended,
from committee with individual recommendations and forthcoming
fiscal notes.
CHAIR MCGUIRE objected in order to make a few remarks.
CHAIR MCGUIRE echoed and aligned herself with many of Senator
Coghill's comments. She spoke of respect for victims of crime
and the attempt to protect them, as well as narrowly carving out
places where Alaska can reduce costs and improve results. She
commented on the thoughtful nature of the commission and the
work it did. She said pretrial growth in Alaska is unacceptable
and the rate of recidivism is too high. The bill is a smart
justice movement that will change incarceration mechanisms and
reinvest in those who would be productive. She added that
victims are a broader pool and include family members of
prisoners.
3:00:17 PM
At ease
3:00:54 PM
SENATOR COGHILL clarified his motion. He moved to report the CS
for SSSB 91, with the amendments that will need to be drafted to
conform to version G, from committee with individual
recommendations and forthcoming and existing fiscal notes.
CHAIR MCGUIRE announced that without objection, CSSSSB 91(JUD)
is reported from the Senate Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB91 ver G.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.4.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.12.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| CSSB91 Amendment G.1.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| SB91 Summary of Changes ver I to G.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.13.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| Amendment Summary SB 91 UPDATED.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.15.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.16.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.17.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.18.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |
| Amendment Summary SB 91 UPDATED.pdf |
SJUD 3/23/2016 1:30:00 PM |
SB 91 |