Legislature(2023 - 2024)GRUENBERG 120
04/23/2024 03:00 PM House STATE AFFAIRS
Note: the audio
and video
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
Audio | Topic |
---|---|
Start | |
SB256 | |
HB246 | |
HB379 | |
HB278 | |
HB397 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+ | SB 256 | TELECONFERENCED | |
*+ | HB 246 | TELECONFERENCED | |
*+ | HB 379 | TELECONFERENCED | |
+ | HB 278 | TELECONFERENCED | |
*+ | HB 397 | TELECONFERENCED | |
*+ | HB 293 | TELECONFERENCED | |
+ | TELECONFERENCED |
HB 379-DUI DIVERSION PROGRAM 3:52:02 PM CHAIR SHAW announced that the next order of business would be HOUSE BILL NO. 379, "An Act establishing the driving while under the influence diversion program for eligible persons charged with driving while under the influence; relating to judgment for restitution; relating to suspended imposition of sentence; relating to records kept by the Department of Administration; relating to operating a vehicle, aircraft, or watercraft while under the influence of an alcoholic beverage, inhalant, or controlled substance; amending Rule 9, Alaska Rules of Administration, and Rule 39, Alaska Rules of Criminal Procedure; and providing for an effective date." 3:52:31 PM REPRESENTATIVE MIKE PRAX, Alaska State Legislature, as prime sponsor, presented HB 379. He paraphrased the sponsor statement [included in the committee packet], which read as follows [original punctuation provided]: House Bill 379 aims to establish a DUI Diversion Program. Diversion programs are intended to provide a framework to reduce recidivism rates. By participating in the program and waiving certain rights, successful defendants may avoid the most onerous consequences of a DUI conviction, such as license suspensions, jail time, and large fines and expensive insurance rates for high-risk drivers. The prosecution also obtains benefits. These include the option to resume prosecution if the defendant fails to follow the program's requirements and a significant streamlining of the prosecution and Alaska Court System's trial caseload. HB379 is modeled after an Oregon program set forth in Oregon Revised Statutes §§ 813.200 to 813.270. This program allows first DUI offenders in simple DUI cases, not involving other charges or Commercial Driver's License (CDL) issues, to seek entry into a diversion program. If they complete the program's requirements, their DUI conviction is dismissed. In the past, various district attorney offices have responded that they have the discretion to offer pretrial diversion in DUI cases. Although theoretically true, it rarely happens from a practical perspective. To qualify under the program set by HB379, defendants must meet several criteria, applicable only to first- time offenders charged with a simple DUI: no prior or pending DUI charges, no other pending criminal charges involved in the incident, no pending or (within 15 years) prior DUI diversion programs, not holding a CDL, nor driving commercial motor vehicles, at the time of the incident, and no assault or homicide charges involving the defendant's operation of a motor vehicle. The program requires any defendant eligible for the DUI diversion program to file a petition, together with a $490 filing fee, and to request admission to the program, following established deadlines. The defendant must then complete a screening interview to assess any alcohol or substance abuse problems and follow through with any treatment program indicated by the screening interview. They must agree not to use alcoholic beverages, inhalants, or controlled substances during the program and acknowledge that committing an offense during the program will result in a violation of the agreement. It is mandatory to pay attorney fees and restitution if ordered by the court. Alaska's Therapeutic Courts are successful and have shown that rehabilitation programs work. DUI Diversion Programs have been successful in other states. Implementing a similar program in our state would bring significant benefits. These programs save court resources and participants have an avenue for addressing the root causes of the offense. 3:55:52 PM CHAIR SHAW opened public testimony on HB 379. 3:56:05 PM WILLIAM SATTERBERG, representing self, testified during the hearing on HB 379 and provided his background in law. He said that recently, the amount of driving under the influence (DUI) cases has become apparent along with other cases such as domestic abuse, but DUI cases are "tremendous." He noted 165 cases are set to go to trial next week in Fairbanks, and there are only 3 district court judges to deal with these cases. He opined that the system is "jammed," and that of the DUIs, most are first-time offenders. He related experiences in Oregon and that many first-time offenders never offend again; they "get the message." He offered his belief that the statute would alleviate the clogs in the court system, the district attorney (DA) system, and public defenders. He stressed the importance of rehabilitation taking priority over money. He said he pushed for this statute for over four years and that he appreciated Representative Prax bringing the legislation to the table. 4:03:01 PM CHAIR SHAW, after ascertaining no one else wished to testify, closed public testimony on HB 379. 4:03:11 PM REPRESENTATIVE PRAX acknowledged Mr. Satterberg's thorough coverage of the proposed legislation. 4:03:32 PM REPRESENTATIVE CARPENTER asked what would happen to individuals who receive a second DUI but have already completed the diversion program. REPRESENTATIVE PRAX answered that there would be a harsher sentence the second time. 4:04:11 PM ERIC CORDERO, Staff, Representative Mike Prax, Alaska State Legislature, on behalf of Representative Prax, prime sponsor of HB 379, explained there is a limitation of 15 years; and a first-time offender cannot be a participant in a program currently or a similar program in fifteen years. 4:05:20 PM JOHN SKIDMORE, Deputy Attorney General, Criminal Division, Department of Law, answered questions during the hearing on HB 379. He addressed Representative Carpenter and communicated that he could refer to Section 9 on page 9 of the bill for clarification. He further expounded on the diversion program and, having a second DUI, that individual would still need to be sentenced but would not be subject to the mandatory minimums. He noted bill drafting issues and the policy call that the legislature may wish to make. REPRESENTATIVE CARPENTER summarized that the mandatory minimums would not apply to a first- or second-time DUI recipient. MR. SKIDMORE clarified that after successfully completing the program, the mandatory minimum framework does not apply to the individual. 4:07:36 PM REPRESENTATIVE STORY asked whether Mr. Skidmore was suggesting there should be amendments to the bill to reinstate the penalties and follow current statute. MR. SKIDMORE replied yes, if the legislature's intent was to have mandatory minimums applied, then there would need to be amendments. 4:09:04 PM REPRESENTATIVE CARRICK asked questions of Nancy Meade. She expressed confusion over the mandatory minimums, and the situation when one goes through a diversion program but commits a second DUI offense. 4:10:11 PM NANCY MEADE, General Counsel, Alaska Court System, addressed Representative Carrick and as previously stated, noted there were drafting issues in the bill on page 9. She suggested that Mr. Skidmore could explain the wording on lines 9 and 10, because where it fits was not "terribly clear." REPRESENTATIVE CARRICK asked the bill sponsor where the $490 filing fee came from, and she noted the up-front cost of a mandatory minimum first time DUI being $1,800. She questioned the overall cost of the infraction. 4:12:54 PM REPRESENTATIVE PRAX answered that the body would have to think about whether that is a significant enough barrier to discourage people or not. He added that it was a reasonable compromise being the cost of a first-time DUI conviction. 4:13:54 PM REPRESENTATIVE CARPENTER asked Mr. Skidmore whether there would be a legal problem with a higher penalty for a second offense than if someone did not complete the diversion program. MR. SKIDMORE responded that was an interesting question and he would pursue it. 4:16:20 PM MS. MEADE added that the legislature could write a statute addressing a second DUI and mandatory minimums. 4:17:01 PM REPRESENTATIVE CARRICK requested more information from the bill sponsor on other states that have enacted something similar surrounding a DUI diversion program and the requirements involved. REPRESENTATIVE PRAX responded that he would research the data. 4:18:08 PM REPRESENTATIVE STORY commented that she was still trying to understand how the program would work and referred to comments from an invited testifier. She expressed her confusion on how the convictions work in relation to the diversion program. REPRESENTATIVE PRAX deferred the inquiry to Ms. Meade. 4:19:15 PM MS. MEADE drew attention to the word "shall" on page 11 in reference to first-time offenders. The prosecutor could object or agree, then the court would decide whether the person was an appropriate candidate for the program. She further expounded on how the process would affect the offender's record within a timeline. 4:21:39 PM REPRESENTATIVE CARPENTER sought clarity on how the bill is currently drafted in reference to the word "shall". MS. MEADE pointed out on page 11, line 26, that the person "shall" file the petition. She added that the verbiage could be modified later. 4:22:13 PM REPRESENTATIVE CARRICK expressed her interest in the bill and asked Ms. Meade for an example where the term "suspended entry of judgement" was used. MS. MEADE replied that the suspended entry of judgement (SEJ) disallows that type of resolution for certain case types such as violent ones that would not be eligible by statute. It is used for drugs, theft, and a number of things, she said. 4:23:55 PM REPRESENTATIVE C. JOHNSON questioned whether Alaska had the bandwidth or capability, where there are not many treatment programs, to be able to offer such a program to the multitude of people that would take advantage of it. MS. MEADE clarified that the bill allowed for an extension, and she referenced page 16, line 16. She offered a scenario where it could be determined after screening that a person does not need treatment. She further explained that according to the bill, the individual must follow the recommendations of the screener. She agreed with the statement about the lack of resources in the state. 4:28:21 PM CHAIR SHAW, considering the depth of conversation, foresaw many amendments that the committee would work through at a later date. 4:28:50 PM REPRESENTATIVE PRAX expressed his appreciation of the perspective given from the invited testifiers. 4:29:03 PM CHAIR SHAW announced that HB 379 was held over.
Document Name | Date/Time | Subjects |
---|---|---|
Sponsor Statement SB 256.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM SCRA 3/12/2024 1:30:00 PM |
SB 256 |
SB 256 Sectional Analysis.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM SCRA 3/12/2024 1:30:00 PM |
SB 256 |
SB0256A.pdf |
HSTA 4/23/2024 3:00:00 PM SCRA 3/12/2024 1:30:00 PM |
SB 256 |
SB 256 Fiscal Note OMB 3.8.2024.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM SCRA 3/12/2024 1:30:00 PM |
SB 256 |
HB 246 Sectional Analysis 01.31.24.pdf |
HSTA 4/9/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Fiscal Note GOV.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Letter of Support - A. Gallaway letter of support.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Letter of Support - AASG letter of support.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Letter of Support - League-of-Women-Voters 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Support Document - ACS-Louisiana-Voting-Laws 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Support Document - Division of Elections 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Support Document - Impact-of-Voting-Laws-on-Youth-Turnout-and-Registration 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Support Document - NCSL-Preregistration-for-Young-Voters 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Support Document - State-by-State-Youth-Voter-Turnout-Data-2022 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 246 Support Document - State-of-Alaska-Voter-Registration-Application 01.31.24.pdf |
HSTA 4/11/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 246 |
HB 379 Fiscal Note DCCED.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB 379 Fiscal Note Law.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB 379 Fiscal Note DOA.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB0379A.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB379 Backup Document About DUI Alaska Court System.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB379 Backup Document Oregon Court UII Diversion.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB379 Backup Document State of Oregon DUII Diversion Petition Agreement.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB379 Sectional Analysis.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB379 Sponsor Statement.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 379 |
HB 278 - Sponsor Statement.pdf |
HJUD 3/13/2024 1:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB 278 - v.A.pdf |
HJUD 3/13/2024 1:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB 278 - Sectional Analysis.pdf |
HJUD 3/13/2024 1:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB 278 - Statement of Zero Fiscal Impact.pdf |
HJUD 3/13/2024 1:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB 278 Supporting Document Statutes Requiring Use of APA.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB 278 Sectional analysis - Ver. B.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB 278 Supporting Document Statutes Exempting Use of APA.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB 278 Sponsor Statement - Ver. B.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB278 Fiscal Note Legislature.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM |
HB 278 |
HB 397 Fiscal Note DOA.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM HSTA 4/30/2024 3:00:00 PM HSTA 5/2/2024 3:00:00 PM |
HB 397 |
HB 397 Sectional Analysis v. A 4.11.2024.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM HSTA 4/30/2024 3:00:00 PM HSTA 5/2/2024 3:00:00 PM |
HB 397 |
HB 397 Sponser Statement v. A 4.11.2024.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM HSTA 4/30/2024 3:00:00 PM HSTA 5/2/2024 3:00:00 PM |
HB 397 |
HB 397 v. A 4.11.2024.pdf |
HSTA 4/18/2024 3:00:00 PM HSTA 4/23/2024 3:00:00 PM HSTA 4/30/2024 3:00:00 PM HSTA 5/2/2024 3:00:00 PM |
HB 397 |
HB 246 Sponsor Statement 04.15.2024.pdf |
HSTA 4/23/2024 3:00:00 PM |
HB 246 |