Legislature(2019 - 2020)GRUENBERG 120
04/27/2019 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB49 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 49 | TELECONFERENCED | |
HB 49-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
1:11:07 PM
CHAIR CLAMAN announced that the only order of business would be
HOUSE BILL NO. 49, "An Act relating to criminal law and
procedure; relating to controlled substances; relating to
probation; relating to sentencing; relating to reports of
involuntary commitment; amending Rule 6, Alaska Rules of
Criminal Procedure; and providing for an effective date." He
introduced his staff, Lizzie Kubitz, to explain a proposed
committee substitute (CS).
1:11:43 PM
LIZZIE KUBITZ, Staff, Representative Matt Claman, Alaska State
Legislature, introduced and presented a sectional analysis of
the proposed CS to HB 49, Version 31-GH1029\M (Version M). She
paraphrased from the sectional analysis document [included in
committee packet], which read as follows [original punctuation
provided]:
House Bill 49
Sectional Analysis Version M
Prepared by the House Judiciary Committee
Section 1
AS 11.41.110(a) Murder in the second degree.
Conforming amendment. Amends AS 11.41.110(a) to
reflect the changes made in Section 26.
Section 2
AS 11.41.150(a) Murder of an unborn child.
Conforming amendment. Amends AS 11.41.150(a) to
reflect the changes made in Section 26.
Section 3
AS 11.41.432(a) Defenses.
Removes marriage as a defense if the person engages in
sexual activity with their spouse when they know their
spouse is incapacitated or unaware that the sexual act
is being committed.
Because of the complex legal and factual issues that
may arise, the defense of marriage still applies in
situations where a spouse is the caretaker of their
partner who is "mentally incompetent" with dementia or
Alzheimer's, or is mentally ill, but still consents to
the contact.
A person who is incapacitated or unaware that a sexual
act is being committed is legally and factually unable
to consent to sexual activity. In most other
circumstances, unless specifically excluded by statute
or case law, consent remains a defense to sexual
assault.
Section 4
AS 11.41.452(a) Online enticement of a minor.
Removes the word "online" from the crime of "online
enticement" criminalizing any enticement of a minor
regardless of whether the enticement occurs "online."
Section 5
AS 11.41.452(d) Online enticement of a minor.
Removes the word "online" from the crime of "online
enticement" and makes solicitation of a minor for sex
a class B felony.
Section 6
AS 11.41.452(e) Online enticement of a minor.
Removes the words "online enticement" from the crime
of "enticement of a minor."
Section 7
AS 11.46.130(a) Theft in the second degree.
Conforming amendment. Amends AS 11.46.130(a) to
reflect the changes made in Section 14.
Removes inflation adjustment.
Sections 8 -13
AS 11.46.140(a), -.150(a), -.220(c), -.260(b), -
.270(b), -.280(d) Removes inflation adjustment from
property crime statutes.
Section 14
AS 11.46.285 Fraudulent use of an access device or
identification document.
Amends AS 11.46.285, the statute related to fraudulent
use of an access device, to include theft of an
identification document. This clarification addresses
a gap in the statute identified in Kankanton v. State,
342 P.3d 840 (Alaska Ct. App. 2015). With the
amendment, the offense will include fraudulent use of
both an access device and an identification document.
The amendment also restructures the offense levels to
a class B felony if the theft using an access device
or identification document is $25,000 or more, a class
C felony if the theft is $75 or more and less than
$25,000, and a class A misdemeanor if the theft is
less than $75. These financial levels for Fraudulent
Use of an Access Device or Identification Document are
different from the financial levels for Theft in the
Second Degree (AS
11.46.130: $750 to $25,000), Theft in the Third Degree
(AS 11.46.140: $250 to $750), and Theft in the Fourth
Degree (AS 11.46.150: less than $250) because the
impact on the victim of identity theft is more serious
than the effect on a victim of theft. In addition, the
requirement of proof of intent to defraud in AS
11.46.285 is a more serious culpability than intent to
deprive another of property in AS 11.46.100.
Removes inflation adjustment.
Section 15
AS 11.46.295 Prior convictions.
Amends the application of "prior convictions" to apply
to theft in the third degree in determining the
existence of prior convictions in the recidivist theft
statutes.
Section 16
AS 11.46.360(a) Vehicle theft in the first degree.
Removes inflation adjustment.
Section 17
AS 11.46.370 Possession of motor vehicle theft
tools.
Adds a new section establishing the crime of
possession of motor vehicle theft tools as a class A
misdemeanor.
The new crime is similar to AS 11.46.315Possession of
burglary tools, which is also a class A misdemeanor.
In addition to mechanical tools used to unlock a motor
vehicle, the amendment includes an "electronic
unlocking device" as a motor vehicle theft tool.
"Electronic unlocking devices" are devices used to
capture the electronic signals from key fobs and other
electronic locking systems to unlock a motor vehicle
without permission. The amendment does not include a
screwdriver as a motor vehicle theft tool, just as a
screwdriver is not a burglary tool in AS 11.46.315.
Sections 18-23
AS 11.46.482(a), -.484(a), -.486(a), -.530(b), -
.620(d), -.730(c) Removes inflation adjustment from
property crime statutes.
Section 24
AS 11.46.980 Determination of value; aggregation of
amounts.
Adds a new subsection (e) that allows prosecutors to
aggregate crimes under theft in the second degree if
they occur within 180 days, the amount is more than
$750 and less than $25,000, and the property or
services are taken from one or more persons or
commercial establishments.
Under current law, the prosecution aggregates the
theft amounts when it can prove that the defendant(s)
committed the criminal acts "under one course of
conduct." AS 11.47.980(c), see Buckwalter v. State, 23
P.3d 81 (Alaska Ct. App. 2001). This amendment to the
statutes does not require proof of a single course of
conduct and, instead, requires proof that the crimes
occurred within 180 days and were from one or more
persons or commercial establishments.
Section 25
AS 11.56.810(a) Terroristic threatening in the
second degree.
Amends the second degree terroristic threatening
statute to cover an individual who knowingly threatens
to commit a crime against a person or property and
recklessly disregards the risk that the threats will
cause the evacuation of a building, will cause serious
public inconvenience, or will place the public or a
substantial group of the public in fear of serious
physical injury. The amended statute covers real
threats of violence as well as false threats.
Terroristic threatening in the second degree is
directed at threats that, if carried out, are likely
to affect a substantial number of people. Threats to
schools, trains, buses, airplanes, businesses, and
offices are examples reflected in tragic events over
the past 25-30 years. The amendment addresses conduct
that is usually different from assault in the third
degree, AS 11.41.220(a)(1)(A), which addresses a
person placing another person "in fear of imminent
serious physical injury by means of a dangerous
instrument," and AS 11.41.220(a)(2), which addresses
"repeated threats to cause death or serious physical
injury to another person." Both terroristic
threatening in the second degree and assault in the
third degree are class C felonies.
Section 26
AS 11.71.025 Misconduct involving a controlled
substance in the second degree.
Creates an additional tier of drug offense (a class A
felony) for possession with intent to manufacture or
deliver large quantities of schedule IA controlled
substances, which include opiates and heroin, and
schedule IIA controlled substances, which include
methamphetamines. The higher felony level for this
controlled substance offense is directed at dealers
and distributors, and not at the possession level. In
Alaska, the federal government prosecutes the majority
of large quantity drug dealers. The penalties in
federal court for similar quantities are greater than
the penalties in this amendment. This class A felony
offense would give state prosecutors an option for
prosecuting large-quantity drug dealers when federal
prosecutors may decline the case.
1:15:50 PM
Section 27
AS 11.71.030(a) Misconduct involving a controlled
substance in the second degree.
Conforming amendment. Amends AS 11.71.030(a) to
reflect the changes made in Section 26.
Section 28
AS 11.71.030(d) Misconduct involving a controlled
substance in the second degree.
Conforming amendment. Amends AS 11.71.030(d) to
reflect the changes made in Section 26.
Section 29
AS 11.71.040(a) Misconduct involving a controlled
substance in the third degree.
Conforming amendment. Amends AS 11.71.040(a) to
reflect the changes made in Section 26.
Amends subsection (a) by establishing a basis to
prosecute repeat offenders of possession of any amount
of schedule IA or IIA controlled substances (opiates,
heroin, and methamphetamine) at the class C felony
level. Specifically, a person commits a felony if they
possess any amount of a schedule IA or IIA drug and
they have been previously convicted two or more times
of drug possession of a schedule IA or IIA controlled
substance, either as a felony or as a misdemeanor as
described in the statute. Also provides a 10 year
"look back" for prior misdemeanor drug possession
convictions for drug offenses.
Confirms that certain possession felonies are not
affected by this new provision: felony possession of
heroin/opiates near a school (AS 11.71.030(a)(3)) and
felony possession of date rape drugs (AS
11.71.040(a)(3)).
Section 30
AS 11.71.040(d) Misconduct involving a controlled
substance in the fourth degree.
Conforming amendment. Amends AS 11.71.040(d) to
reflect the changes made in Section 26.
Section 31
AS 11.71.050 Misconduct involving a controlled
substance in the fifth degree.
Two conforming amendments. First, the bill amends AS
11.71.050 to reflect the changes made in Section 26.
Second, the bill amends AS 11.71.050(a)(4) by adding
the new paragraph of Section 29 above (AS
11.71.040(a)(12)) into the list of exemptions of what
constitutes misdemeanor drug possession.
Section 32
AS 11.71.060 Misconduct involving a controlled
substance in the sixth degree.
Conforming amendment. Amends AS 11.71.060 to reflect
the changes made in Section 26.
Section 33
AS 11.71.311(a) Restriction on prosecution for
certain persons in connection with a drug overdose.
Two conforming amendments. First, the bill amends AS
11.71.311(a) to reflect the changes made in Section
26.
Second, the bill amends AS 11.71.311(a) by adding the
new paragraphs of Section 26 (AS 11.71.025) and
Section 34 (AS 11.71.040(a)(12)) into the list of
crimes that may not be prosecuted if that person
sought in good faith either medical or law enforcement
aide for another person they believed to be having a
drug overdose.
Section 34
AS 12.55.015 Authorized sentences; forfeiture.
Amends AS 12.55.015 by adding a new subsection
specifying that in the cases of domestic violence or
sex crimes, there is a presumption by the court of a
no contact order.
Section 35
AS 12.55.027 Credit for time spent toward service of
a sentence of imprisonment.
Adds a new subsection (a) to read: "A court may only
grant credit for time spent toward service of a
sentence of imprisonment under this section if the
court finds that the sentence, including any credit
toward the sentence of imprisonment, meets the
requirements of AS 12.55.005."
The reason to add the new subsection (a) to AS
12.55.027 is to make sure that all parties understand
that the court has discretion in determining whether
to grant credit for time spent on electronic
monitoring or in treatment toward service of a
sentence. Specifically, before granting any credit,
the court must consider and apply the sentencing
criteria set forth in AS 12.55.005 and announced by
the Alaska Supreme Court in State v. Chaney, 477 P.2d
441 (Alaska 1970) to the question of whether to grant
credit for time spent on electronic monitoring or a
treatment program.
Section 36
AS 12.55.125(d) Sentences of imprisonment for
felonies.
Increases presumptive sentencing range for first-time
class B felony offenders from 0 to 2 years to 90 days
to 2 years. Adds enhanced felony sentences for making
or possessing with intent to manufacture
methamphetamine in a home or lodging where children
live or engaging children in the manufacture of
methamphetamine.
Section 37
AS 12.55.135(a) Sentences of imprisonment for
misdemeanors.
Increases the maximum sentence for some class A
misdemeanors from 30 to 90 days. The amendment is
intended to give judges greater discretion in
sentencing individuals convicted of misdemeanor
charges.
Section 38
AS 12.55.135(b) Sentences of imprisonment for
misdemeanors.
Increases the maximum sentence for some class B
misdemeanors from 10 to 30 days. The amendment is
intended to give judges greater discretion in
sentencing individuals convicted of misdemeanor
charges.
Section 39
AS 12.55.135(n) Sentences of imprisonment for
misdemeanors.
Conforming amendment. Amends AS 12.55.135(n) to
reflect the changes made in Section 26.
Section 40
AS 12.55.185(16) Definitions.
Conforming amendment. Amends AS 12.55.185(16) to add
viewing or production of an indecent picture under AS
11.61.123(f)(1) or (2) to the definition of "sexual
felony."
Inclusion of this section is a drafting error that
will be the subject of an amendment.
Section 41
AS 12.61.050 Automated victim notification system.
Amends AS 12.61.050 by adding a new subsection
directing the Department of Corrections to include in
the Victim Notification System that victims of
domestic violence or sexual offenses shall be informed
of their rights to secure a protective order and that
certain state victim resources are available to them.
Section 42
AS 12.63.010(d) Registration of sex offenders and
related requirements.
Conforming amendment. Amends AS 12.63.010(d) to
reflect the changes made in Section 44.
Section 43
AS 12.63.010 Registration of sex offenders and
related requirements.
Clarifies that a person may petition the Department of
Public Safety for removal from the registry if the
petitioner submits proof acceptable to the department
that the facts underlying the conviction in another
jurisdiction do not constitute a sex offense or child
kidnapping in Alaska.
Currently, in at least 13 states, an indecent exposure
conviction for public urination can trigger sex
offender registration requirements. Of those states,
two limit registration to those who committed the act
in view of a minor. This amendment is intended to
provide an option to petition the department to "opt-
out" of registering if the conduct would not be a sex
crime in Alaska.
Section 44
AS 12.63.020 Duration of sex offender or child
kidnapper duty to register.
Clarifies that a person who is convicted of an offense
as an adult and required to register as a sex offender
or child kidnapper in another jurisdiction is also
required to register as a sex offender in Alaska.
Section 45
AS 12.63.100(6) Definitions.
Adds a person who is convicted of an offense as an
adult and required to register as a sex offender or
child kidnapper in another jurisdiction to the
definition of "sex offender or child kidnapper."
1:21:08 PM
Section 46
AS 18.65.087(d) Central registry of sex offenders.
Requires the Department of Public Safety to review
procedures and adopt regulations to allow individuals
with sex offense convictions in another state to
petition for removal from the registry because the
facts underlying the out-of-state conviction do not
constitute a sex offense in Alaska.
Section 47
AS 18.65.087(j) Central registry of sex offenders.
Conforming amendment. Amends AS 18.65.087 to reflect
the change made in Section 45.
Section 48
AS 28.35.030(k) Operating a vehicle, aircraft, or
watercraft while under the influence of an alcoholic
beverage, inhalant, or controlled substance.
Repeals requirement that a person serve their sentence
for a first DUI on electronic monitoring or house
arrest. Returns discretion to the Commissioner of
Corrections to place the person on electronic
monitoring at a private residence or at a community
residential center.
Section 49
AS 28.35.032(o) Refusal to submit to chemical test.
The same changes in section 48 are made in section 49
to the statute governing refusal to submit to a
chemical test.
Section 50
AS 33.07.020 Duties of commissioner; pretrial
services.
Requires the risk assessment tool be verified by peer
review.
Section 51
AS 33.07.020 Duties of commissioner; pretrial
services.
Adds a new subsection (b) requiring validation of the
risk assessment tool be subject to peer review.
Section 52
AS 33.30.011(a) Duties of commissioner.
Changes the minimum term of imprisonment for which the
Department of Corrections must conduct a risk
assessment and prepare a written case plan for
sentenced individuals to 90 days.
Requires the Department of Corrections to coordinate
with community reentry coalitions or other providers
of reentry services when developing a written reentry
plan for prisoners.
Creates a new subsection that requires regular reports
on offender management plan implementation that
includes the number of prisoners provided written case
plans, the number of written case plans initiated
within the preceding year, and the number of written
case plans that were updated in the preceding year.
Section 53
AS 34.03.360(7) Definitions.
Conforming amendment. Amends AS 34.03.360(7) to
reflect the changes made in Section 26.
Section 54
AS 44.19.647(a) Annual report and recommendations.
Adds a requirement that the Alaska Judicial Council
include the data collected by the Department of Law as
described in Section 56 in their annual report.
Additionally, it adds a requirement that the Alaska
Judicial Council include "the number of crime victims
that participated in the prosecution of and court
process relating to the offense in which the person
was a victim." Inclusion of this section appears to be
a drafting error that will be the subject of an
amendment. It should appear in Section 56, which
relates to the Department of Law's reporting
requirements.
Section 55
AS 44.23.020 Duties; and powers; waiver of immunity.
Adds a new subsection (k) that requires the Department
of Law to develop a method to track certain
information and to report about sex offense complaints
and disposition of those cases.
Section 56
AS 44.23.040 Records, reports, and recommendations
on uniform laws.
Adds a new subsection (b) that requires the Department
of Law to gather and report data to the Alaska
Judicial Council on felony sex offenses including the
number reported but not referred for prosecution, the
number referred for prosecution that were not
prosecuted, and the number prosecuted that resulted in
a conviction of a crime other than a sex offense.
Section 57
AS 44.41.065 Sexual assault examination kits.
Adds a new section AS 44.41.065 to: (1) require that
within 30 days after collection of a sexual assault
kit, it is sent to an accredited lab or Department of
Public Safety operated laboratory facility; (2) ensure
that the sexual assault kit undergoes testing within
one year of the laboratory receiving the kit; and (3)
within two weeks following completion of testing,
reasonable effort will be made to notify the victim
that testing occurred. Failure to meet this timeline
will not cause a case to be dismissed and if a case is
resolved prior to testing, it is no longer required.
Section 58
AS 44.41.070(a) Report on untested sexual assault
examination kits.
Requires the Department of Public Safety to include
additional data about which kits were ineligible for
testing and why.
Section 59
AS 44.41.070(b) Report on untested sexual assault
examination kits.
Conforming amendment. Amends AS 44.41.070(b) to
reflect change made in Section 57.
Section 60
AS 44.41.070(e) Report on untested sexual assault
examination kits.
Adds a new subsection (e) that includes the
definitions of why a sexual assault kit may be
ineligible for testing: it is scientifically unviable,
is ineligible for CODIS (Combined DNA Index System, a
national program that links crimes to DNA), or is an
anonymous kit.
Section 61
AS 47.12.315(a) Public disclosure of information in
department records relating to certain minors.
Conforming amendment. Amends AS 47.12.315(a) to
reflect the changes made in Section 26.
Section 62
Court Rule Change.
Allows a person's rap sheet to be used at grand jury
to prove the existence of prior convictions when prior
convictions are an element of the offense.
Section 63
Repealer Section.
Section 64
Applicability Section.
Section 65 Uncodified Law.
Conforming amendment. On or before January 10, 2020,
the Commissioner of Corrections shall provide a report
to the legislature as described under AS
33.30.011(a)(12), enacted by Section 52.
Section 66
Conditional Effect.
Section 62 of this Act takes effect only if Section 62
of this Act receives the two-third majority vote of
each house.
Section 67
Effective Date.
This Act takes effect July 1, 2019.
1:26:31 PM
The committee took an at-ease from 1:26 p.m. to 1:33 p.m.
1:33:36 PM
REPRESENTATIVE STUTES moved to adopt the proposed CS to HB 49,
Version 31-GH1029\M, as the working document.
REPRESENTATIVE EASTMAN objected. He asked why the CS would
remove section 49 from the original bill. He noted that it
deals with the subject of involuntary commitment.
CHAIR CLAMAN said the issues of involuntary commitment are
complex and probably require more attention than can be given
considering the time constraints of the current session.
1:35:07 PM
REPRESENTATIVE KOPP noted that HB 49 is one of the bills
introduced by the House Rules Standing Committee on behalf of
Governor Michael J. Dunleavy. He said Version M contains
sections from the governor's bill as well as approximately a
dozen sections addressing requests made by the law enforcement
community. He said there will be more amendments. He remarked
that "we need a vehicle" to address crime and said Version M is
a good starting point.
REPRESENTATIVE LEDOUX said she is probably going to vote to
adopt Version M as the working document because, "I can do the
counting, and if we delay it, it's going to move on Monday
anyway, so there's no point in delaying the discussion."
REPRESENTATIVE EASTMAN said he assumes telephonic voting is
permitted today.
CHAIR CLAMAN said, "yes, in committees." He said he confirmed
it with Legislative Legal Services during the at-ease.
1:36:14 PM
REPRESENTATIVE EASTMAN said he is concerned that, by adopting
Version M, the committee would be creating "another
monstrosity." He clarified that by "another monstrosity" he
means another bill of over 40 pages that will be categorized as
an "omnibus crime bill." He said there are already too many of
those. He opined that one such bill is too many. He said he
thought a lesson had been learned after Senate Bill 91 [passed
in the Twenty-Ninth Alaska State Legislature] and the subsequent
fallout. He said he would be a "no" vote because he sees that
Version M contains provisions from other bills, resulting in
duplication, resulting in "another monstrosity."
1:37:19 PM
A roll call vote was taken. Representatives Kopp, Stutes,
LeDoux, Shaw, and Claman voted in favor of adopting Version M as
the working document. Representative Eastman voted against it.
Therefore, Version M was adopted as the working document by a
vote of 6-1.
1:38:08 PM
CHAIR CLAMAN opened public testimony on HB 49.
1:38:40 PM
KATHY SWANSON, who resides in Juneau, told an anecdote about
being the victim of a burglary. She said it took two weeks to
get a detective on the case. She invited committee members to
see what the burglars did to her home, noting that she has not
yet returned to her bedroom in the two months since the
burglary. She informed the committee that a number of firearms
had been stolen. She said, "You are not doing your jobs." She
claimed that half the people in Juneau who are victims of
burglary do not even bother to report the crime. She said it is
not "compassion" to allow people to shoot up drugs, discard
their needles in playgrounds, and enable their behavior by
releasing them pre-trial. She said it is common sense not to
incentivize bad behavior. She stated that it is only a matter
of time until "we have a real tragedy on our hands." She said
the value of the property stolen from her was $30,000 and that
it is not covered by insurance. She spoke to the sentimental
value of other items stolen from her. She said she will
continue to try to recover her stolen possessions. She
commented that HB 145 was "watered-down." She told an anecdote
about a child who found a loaded pistol in his backyard. She
asked the committee to return to putting people in jail. She
said if someone cannot post bail, then he/she should remain in
jail until his/her court date.
1:42:20 PM
BOB SWANSON identified himself as the husband of the previous
testifier. He stated that Senate Bill 91, as a social
experiment, has not worked. He said the man who burglarized his
home is out of jail on pre-trial supervision with electronic
monitoring yet is still robbing houses. He said he is in favor
of HB 49. He identified himself as a substance abuse counselor.
He stressed that there needs to be consequences tied to
recovery. He said, "The first step in that intervention can be
prison." He added that there needs to be a consequence to the
crime of theft and associated crimes related to drug use. He
recounted an incident earlier in the week in which he and his
wife saw two people rob a truck. He described calling the
police and waiting, but the police never arrived. He said this
showed him that criminals are emboldened. He called that
"egregious." He claimed that half the crime in Juneau goes
unreported in the Juneau Empire. He opined that the [City and
Borough of] Juneau (CBJ) and the State of Alaska (SOA) does not
really know how much crime occurs. He said he understands that
there is a cost associated with incarceration. He noted that no
one can give him "any data on property theft and damage." He
said he supports anything that contains serious consequences for
crime and can provide people the help they need when they enter
recovery.
CHAIR CLAMAN asked what kind of substance abuse counseling he
provides. He asked if it was alcohol or drugs or both.
MR. SWANSON said he focuses on both alcohol and drugs. He
paraphrased a Mark Twain quote: "There's two things ... people
should never be let known how they are made, and that would be
laws and sausage."
1:45:14 PM
DON HABEGER Community Coordinator, Juneau Reentry Coalition,
said the mission of the Juneau Reentry Coalition (JREC) is to
promote community safety by identifying and implementing
strategies that increase reentry success for those returning to
the community after release from incarceration. He stated that
HB 49's approach to community safety is a "broad brush stroke"
that includes increased lengths of incarceration. He noted that
one of the fiscal notes provided by the Department of
Corrections (DOC) estimates the cost impacts of those increased
lengths to be $37.5 million in the first year and $41 million in
out years. He called the approach expensive and said it
seemingly ignores the issue of prison population growth beyond
SOA's current holding capacity. He said HB 49 does not seem to
address the need for new facilities to accommodate that growth,
other than to offer an out-of-state prison solution. He
remarked that one consequence of an out-of-state prison solution
is the likely breakdown of pro-social community connections. He
said it would also likely disrupt the community reentry process
and result in a sustained community recidivism rate. He added
that it would also sustain issues pertaining to high rates of
community crime. He said JREC supports addressing the
community's public safety issues through a continued emphasis on
access to mental health, housing, employment training, and other
services and treatments that aid reentry success. He said JREC
supports a more targeted approach to adding tools for law
enforcement. He added that JREC would prefer to avoid a "broad
brush" approach such as the one presented in HB 49.
1:47:19 PM
NOAH WILLIAMS shared an anecdote about a friend who was raped in
2017. He said his friend filed a report, and was administered a
rape kit, but "never saw her case get justice." He added that
his friend's rapist continued to harass her afterward. He said
he empathizes with the urge to enact harsher criminal penalties,
noting that he believes his friend's rapist should be
incarcerated for a very long time. He said he appreciates some
of the provisions of HB 49, such as the provision that mandates
that victims of sex crimes be informed of their rights and the
provision that requires testing of rape kits within a short time
period.
MR. WILLIAMS said that, historically, tough-on-crime laws which
focus on harsher sentences have not worked. He said SOA tried
that approach in the 1980s and the nation as a whole tried it in
the 1990s. He remarked that the most brutal criminal gangs came
to Alaska after Alaskan prisoners were sent to out-of-state
prisons. He asked that the committee focus on providing
resources to district attorneys to ensure that the threat of
confirmed punishment exists as a disincentive to crime. He
remarked, "If people believe that they are likely to be caught
and prosecuted successfully, they are less likely to commit
crimes versus if they believe they are not likely to be
prosecuted successfully." He restated his request that the
committee focus on providing resources to district attorneys so
that "these convictions go through."
1:49:30 PM
REPRESENTATIVE EASTMAN asked how Mr. Williams recommends the
committee go about determining how severe a sentence should be.
MR. WILLIAMS said he is not a criminal justice expert and he is
not specifically advocating against making sentences more severe
for the most heinous crimes. He said he wants to see "the
majority of the effort" put into ensuring convictions happen.
He stated that he has witnessed many instances in which a person
avoided punishment because his/her conviction did not go
through. He said he would rather that those people were
successfully prosecuted. He reiterated that he is not
necessarily opposed to the issue of stiffer sentencing, but that
he wants a keener focus placed on ensuring that convictions
happen.
1:51:06 PM
NOLA LAMKEN said she is very concerned about the privatization
of criminal justice because she does not believe the private
sector has any interest in justice. She opined that crime
requires gradations of convictions so that people cannot just
shrug off the crimes they commit. She advocated for deterring
repeat offenders with higher grades of punishment. She also
advocated for jails to provide inmates with "some glimpse of
some other way of life." She said she does not want prisoners
to be sent to out-of-state prisons where they can be exposed to
"an even more criminal element" and lose hope. She stressed
that even the most "hardcore" inmates are still human beings and
it has been proven that rehabilitation is possible, and they can
be helped to recognize their own humanity. She stressed that
prisoners cannot be expected to reform if they are treated too
heavy-handedly. She advocated for "show[ing] them a different
way." She stressed the need to back up the police departments
in court. She reiterated that she does not want criminals to be
able to shrug off their crimes and restated her opposition to
the privatization of criminal justice.
1:54:05 PM
MICHAEL BERGER said he is "against the changes that the proposed
bill is for." He noted that he "did 20-plus years on the
installment plan in prison in Alaska and in two other states."
He clarified that nobody who is incarcerated is forced to join a
prison gang. He said that prisoners being sent out of state was
"the worst thing to happen" not because of prison gangs, but
because of poor supervision. He noted that the out-of-state
prisons employed corrections officers who made only $11 per
hour. He advocated against making things harsher on criminals,
rather he encouraged the committee to look toward education "a
lot earlier in life." He said that, by the time a person is
incarcerated, it is probably too late. He recommended an early
intervention approach. He stressed that substance abuse is an
important issue. He claimed that 98 or 99 percent of people who
commit crimes or are put in prison have substance abuse
problems. He said the current state of treatment is not helping
that. He said a better education system earlier in life would
be the best way to create solutions for the future. He remarked
that the issue of lengthier sentences versus reduced sentences
does not adequately address problems related to crime.
1:56:32 PM
SID ATWOOD, Board Member, Advisory Board on Alcoholism and Drug
Abuse, Department of Health and Social Services, said he is
testifying on his own behalf. He stressed that Senate Bill 91
did have some positive effect. He highlighted the 5 percent
drop in recidivism since its passage. He said the problems with
Senate Bill 91 need to be corrected. He noted that, when it was
passed, SOA did not "have places for people to go" nor necessary
programs in place. He stated that the goal is to save lives and
lower the crime rate. He said to accomplish that goal, SOA
needs to ensure that people do not recidivate. He shared his
life experience with alcohol abuse and incarceration. He said
the thing that turned his life around was not the cycle of
prosecution and incarceration, but rather having a support
system and participating in a spiritual fellowship. He opined
that therapy and treatment can save money. He advocated for
spending money on therapy and treatment rather than on jails,
and particularly out-of-state jails.
1:58:50 PM
KARA NELSON said she was generally opposed to the crime bills
but found it honorable that time was being taken to ensure the
best is done for Alaska. She said she opposes HB 49 though
noted that she has not been able to familiarize herself with the
changes that have been made to the bill. She identified herself
as a woman in long-term recovery who has not taken a drink or
done drugs since June 1, 2011. She said she was formerly
incarcerated. She added that she is a mother, a life-long
Alaskan, and a survivor of various violent crimes. She said she
is also a survivor of the punitive measures for treating
substance use disorders during incarceration, probation, and
parole. She said this allows her to be an expert on issues
related to criminal justice reform. She said she can harness
her dark and ugly experiences to help create solutions and help
bring freedom to others. She clarified that she is not against
a safer Alaska. She emphasized that she has three adult
children who must navigate having grown up with two parents who
were in a punitive cycle trying to get help for their substance
abuse disorders. She advocated for "smart justice" that
successfully holds people accountable while not "putting
everything" on DOC. She said, "I hope that we continue to
understand that what we have been doing for decades isn't
working." She said it would be insane to keep doing the same
thing and expect different results.
2:01:50 PM
CHAIR CLAMAN asked about Ms. Nelson's involvement with Haven
House Juneau.
MS. NELSON said she was the Director of Haven House Juneau for
five years.
CHAIR CLAMAN asked her to tell the committee about Haven House
Juneau for the benefit of those who are newer to the
legislature.
MS. NELSON said Haven House Juneau is a faith-based recovery
residence for women returning from incarceration. She said
Haven House Juneau works "very closely with probation and
parole" and with the new sanctions put into place with the
passage of Senate Bill 91. She said Haven House Juneau
addresses issues related to families affected by incarceration
and provides services related to recovery, reentry, employment,
education, and peer support. She noted that Haven House Juneau
extends its services to "any and everyone who needs help," not
just those residing in the home.
CHAIR CLAMAN asked whether the reforms enacted through the
passage of Senate Bill 91 bettered Haven House Juneau and the
services it provides.
MS. NELSON said that is correct.
2:03:44 PM
PHIL SHANAHAN said he has different thoughts about Version M
than he did about the originally filed version of HB 49. He
noted that the Alaska Criminal Justice Commission put a lot of
effort into research and using evidence-based approaches in
dealing with criminal justice reform efforts. He stated that
Alaska is not alone in seeking criminal justice reform and noted
that other states have seen success. He stressed that the
process requires patience and minor adjustments. He said reform
cannot be done perfectly the first time and that it is bigger
than just Senate Bill 91. He said the approach he saw in the
original version of HB 49 was essentially to return to past
norms that resulted in higher recidivism rates, high crime
rates, and people being incarcerated away from their families.
He stressed the importance of rehabilitation and recovery
efforts. He noted that substance abuse treatment is crucial.
He said there was an expectation with Senate Bill 91 that more
money would be spent on treatment and getting people help. He
stated that he does not think that ever happened or was allowed
the time to happen. He requested that the committee and the
legislature continue to fix what needs to be fixed. He stressed
that he does not want criminal justice reform repealed and
things returned to what had not worked over many decades. He
advocated for a more economical method to making society safer.
2:06:46 PM
JEANNE GERHARDT-CYRUS said she is testifying as a parent and
community member. She said she does a lot of work in the field.
She said something she often hears is that [DOC] is the biggest
provider of mental health services in Alaska. She said that
needs to be turned around so that mental health services are
more community oriented. She said the highest percentage of
those incarcerated are people with behavioral health issues,
traumatic brain injuries, or with fetal alcohol exposure. She
said that, under HB 49, those people are who would be
incarcerated longer and sent out of state more, even though they
are the people who require the most help in moving through the
criminal justice system. She said those people need treatment
that is appropriate to meet their needs. She said different
approaches are needed for people whose brains work differently.
She said it sounds like HB 49 would increase the cost of
warehousing people and punishing people for having disabilities.
She said, "I think we need to get away from that." She said the
increase in violent crimes in Alaska can be traced back before
Senate Bill 91. She stressed that SOA needs to invest in fully
implementing the changes espoused in Senate Bill 91 so that it
can move away from just incarcerating people longer. She added
that she is against privatization. She said she wants SOA to
put money toward helping people become contributing members of
society.
2:09:22 PM
NORIA CLARK said she is conflicted about HB 49. She noted that
she understands the perspective of previous speakers who spoke
against prison privatization and who advocated for mental health
treatment. She said it would not be a good thing for DOC to
continue to be the government entity in charge of handling
mental health issues. She expressed concerns about privatized
mental health institutions.
MS. CLARK said it is important to achieve balance. She
expressed doubts that the state is currently saving money on
corrections. She expressed that sometimes people - even those
with mental health disabilities - need to be incarcerated. She
advocated for protecting law-abiding citizens even if it comes
at the expense of offenders. She also advocated for working
toward finding a way to benefit prisoners who need help. She
stressed the importance of collaboration to find a solution.
MS. CLARK apologized for being angry and aggressive to Chair
Claman in a previous testimony. She said that, even though she
and Chair Claman do not see eye-to-eye on every issue, she
believes they both try to improve Alaska. She called Alaska the
best state in the nation. She expressed appreciation that the
committee members are working toward protecting Alaska.
CHAIR CLAMAN thanked her for her apology. He said he shares her
commitment to putting Alaska first.
2:13:54 PM
CHAIR CLAMAN closed public testimony on HB 49. He announced
that the committee would hold HB 49 for further review.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB049 ver A 3.22.19.PDF |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Transmittal Letter 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Sectional Analysis ver A 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Bill Highlights 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Additional Document-Senate Bill 91 GOA Bills Matrix 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DHSS-PS 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DOA-OPA (Updated) 3.27.19.pdf |
HJUD 3/27/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DOA-PDA (Updated) 3.27.19.pdf |
HJUD 3/27/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note DOC-IDO 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note LAW-CRIM 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Fiscal Note JUD-ACS (Updated) 4.27.19.pdf |
HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Supporting Document-Alaska Association of Chiefs of Police Letter 3.22.19.pdf |
HJUD 3/22/2019 1:30:00 PM HJUD 3/25/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Additional Document-Dept. of Law Memo Terroristic Threatening Legislative History 3.27.19.pdf |
HJUD 3/27/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Additional Document-Dept. of Law Response to HJUD Committee Questions on March 25, 2019 3.27.19.pdf |
HJUD 3/27/2019 1:00:00 PM HJUD 4/27/2019 1:00:00 PM |
HB 49 |
| HB049 Work Draft Committee Substitute ver M 4.27.19.pdf |
HJUD 4/27/2019 1:00:00 PM HJUD 4/29/2019 1:00:00 PM |
HB 49 |