Legislature(2019 - 2020)BUTROVICH 205
02/20/2020 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB169 | |
| SB167 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 169 | TELECONFERENCED | |
| += | SB 167 | TELECONFERENCED | |
SB 167-AGGRAVATING FACTOR: CORRECTIONS OFFICER
4:46:06 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 167,
"An Act providing for an aggravating factor at sentencing for
contractors, volunteers, and employees of the Department of
Corrections; and providing for an effective date."
He asked Ms. Winkelman or Ms. Howell to discuss the information
DOC provided in response to the committee request about the
scope of the contraband problem involving the Department of
Corrections' employees, contractors, and volunteers.
4:46:58 PM
JENNIFER WINKELMAN, Acting Deputy Commissioner, Department of
Corrections (DOC), Juneau, Alaska, said she would touch on the
DOC and human resource research and Ms. Howell would discuss the
Department of Public Safety (DPS) information regarding the
number of charges for promoting contraband in the first degree.
4:47:49 PM
KELLY HOWELL, Special Assistant to the Commissioner and
Legislative Liaison, Department of Corrections (DOC), Anchorage,
Alaska, stated that the response from DOC included a spreadsheet
of charges disposed. This data from the Alaska Public Safety
Information Network, the state's criminal history repository,
provides a global overview of the charges and number of people
charged with promoting contraband in the first degree.
She reported that in the five years from 2015-2019, there were
388 charges for 320 individuals. Of those 388 charges, 327 or 84
percent were for promoting controlled substances in the first
degree. Six of the promoting contraband charges were for a
deadly weapon and 51 were dismissed, [132] resulting in a guilty
verdict, and 21 were not prosecuted. She noted that the
dismissed charges do not necessarily mean that the individual
received no sanction.
4:50:31 PM
SENATOR WILSON calculated that eight fewer cases were disposed
than there were total charges.
MS. HOWELL said she would check the math and follow up.
SENATOR COGHILL said it would be helpful to know the number of
people charged or sentenced each year compared to the total
number of the workforce.
4:52:55 PM
MS. WINKELMAN responded that the human resources office said
that since 2012, two have been charged with this crime.
SENATOR COGHILL said that is helpful.
CHAIR REVAK asked if the numbers on the spreadsheet represent
everybody who has access to the prisoners, not just correctional
officers.
MS. WINKELMAN confirmed that the numbers from the Department of
Public Safety include everybody. She reiterated that Human
Resources said that two DOC employees were subsequently charged.
CHAIR REVAK asked if between 2015 and 2019 there were 132 guilty
verdicts for all types of promoting contraband in the first
degree.
MS. WINKELMAN answered yes.
MS. HOWELL added that the spreadsheet attached to the response
provides more granular detail.
4:56:24 PM
SENATOR COGHILL asked how many on the spreadsheet were employees
and how many were volunteers. He said those numbers show how
creative people can be and how porous the system is.
CHAIR REVAK called the data shocking and voiced support for the
aggravator.
SENATOR COGHILL said he did not need the information to move the
bill, but he would like it before the bill goes to the floor.
CHAIR REVAK requested Ms. Winkelman provide the information.
MS. WINKELMAN agreed to do her best to comply.
4:58:31 PM
CHAIR REVAK opened and closed public testimony on SB 167. He
noted the bill had three fiscal notes attached. The Department
of Public Safety and the Department of Law submitted zero fiscal
notes and the Department of Corrections submitted an
intermediate fiscal note.
4:59:29 PM
At ease
5:00:09 PM
CHAIR REVAK reconvened the meeting.
5:00:17 PM
SENATOR KAWASAKI asked what "a controlled substance" under AS
11.56.375 covers.
CHAIR REVAK asked what drugs elicit these charges.
5:01:26 PM
MS HOWELL explained that "controlled substance" has a specific
definition under AS 11.71.900.
SENATOR COSTELLO asked Ms. Winkelman to comment on the idea of
changing the bill to include all employees of the state and the
public because the current language would not necessarily
capture visitors to correctional institutions.
5:03:19 PM
MS. WINKELMAN said the intent was to capture those who have
signed an oath of service and are entrusted with access to areas
of the facility that a visitor or someone who happens to be a
state employee would not have.
SENATOR COGHILL related his experience as a volunteer who goes
into correctional facilities in a ministerial capacity.
SENATOR COSTELLO opined that all contraband is a problem and the
creativity in getting it into the institutions has no limit. She
suggested it would be interesting to hear from the Department of
Law about how aggravators are addressed and if they act as
deterrents.
5:07:26 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), Juneau, Alaska, stated that an
aggravator is used to enhance a sentence. She explained that the
crime of promoting contraband in the first degree covers the
normal range of conduct for that offense and the bill carves out
those individuals whose behavior is deemed outside the normal
range of conduct because they have signed an oath of service and
hold a position of trust. These individuals deserve an enhanced
sentence, she said.
MS. SCHROEDER advised that the burden of proof for this
aggravator would be beyond a reasonable doubt. The procedure is
that the jury considers the aggravator after the trial and
verdict for the underlying offense.
SENATOR COSTELLO questioned whether the bill captures all the
individuals it should who go into correctional facilities.
MS. SCHROEDER replied it is entirely possible that an inmate may
have a visitor who is under the state umbrella and is not listed
in this aggravator. Anybody not specifically listed would not be
captured in the data.
5:10:21 PM
SENATOR COGHILL asked Ms. Winkelman if behavioral health
professionals and teachers who regularly go into correctional
facilities would be considered volunteers.
MS. WINKELMAN explained that it would depend on where the
individual has access within the facility. The bill would cover
those individuals who have gone through the background check and
have extended access, beyond the attorney rooms at the front of
the facility. Responding to a further question, she confirmed
that volunteers are on the list.
5:12:24 PM
SENATOR COGHILL moved to report SB 167, work order 31-GS2138\A,
from committee with individual recommendations and three
attached fiscal note(s).
5:12:40 PM
At ease
5:13:58 PM
CHAIR REVAK reconvened the meeting. There being no objection, SB
167 was reported from the Senate State Affairs Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| APSC GOV App Joseph White Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Ed Mercer Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Jennifer Winkelman Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| APSC GOV App Daniel Weatherly Resume.pdf |
SSTA 2/20/2020 3:30:00 PM |
Consideration of Governor's Appointees |
| 09_SB169_ArtsCouncil-Plates_Sectional_Version U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| 08_SB169_ArtsCouncil-Plates_BillText_Version U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| 10_SB169_ArtsCouncil-Plates_Summary-of-Changes_Version M to U.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 169 |
| SB 167 DOC Responses to SSTA Questions 02.19.20.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |
| SB 167 AS 11.56.375 DOC Disposed Charges 2.19.20.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |
| SB 167 Article Corrections Officer GCCC.pdf |
SSTA 2/20/2020 3:30:00 PM |
SB 167 |