Legislature(2013 - 2014)SENATE FINANCE 532
03/27/2013 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB17 | |
| SB56 | |
| SB62 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 17 | TELECONFERENCED | |
| += | SB 56 | TELECONFERENCED | |
| = | SB 62 | ||
SENATE BILL NO. 56
"An Act relating to certain crimes involving
controlled substances; and providing for an effective
date."
SENATOR FRED DYSON, stated that the legislation was taking
a "smart approach" to crime. The approach had established a
track record of reducing recidivism and lowering the cost
of incarceration. He cited a memo (copy on file) he
distributed which addressed some issues raised by the
Department of Law (DOL).
CHUCK KOPP, CHIEF OF STAFF, SENATOR FRED DYSON, summarized
the issues. He noted that DOL raised six areas of concern.
He identified the issues: (1) quantity limits for felony
threshold, (2) look back period for prior conviction
leading to a three strikes felony charge, (3) potential
negative impact on therapeutic courts, (4) treatment of
misdemeanants, (5) impacts on federal grant funding, (6)
questioning seriousness of Class A misdemeanor charge.
Mr. Kopp detailed that SB 56 proposed felony quantity
limits mirroring the average of limits adopted by 14 other
jurisdictions in other states. The limits in SB 56 were
"parallel" to limits Wyoming adopted. The fiscal,
geographical, and political characteristics of Wyoming were
similar to Alaska. As a result, Wyoming experienced a
reduction in violent crime and "person" crime.
Mr. Kopp pointed to the look back period. He relayed that
the sponsors determined the five year look back period was
adequate. The ten year period was too punitive for someone
taking recovery seriously.
Mr. Kopp reported that the sponsors worked closely with the
therapeutic courts and no one raised concerns. On the
contrary, the therapeutic courts were supportive of the
legislation.
Mr. Kopp explained that currently the courts can assign
convicted misdemeanants convicted of substance abuse and
other drug offenses to the alcohol safety action program
along with a probation officer from the Department of
Health and Social Services. He continued that there were no
reductions in federal grant funding due to the legislation.
No other state that adopted similar measures experienced
fiscal impacts. He stressed that SB 56 did not legalize any
drug.
Mr. Kopp emphasized that the law condemned possession of
dangerous drugs. He listed other serious crimes classified
as Class A misdemeanors. He pointed out that Fourth Degree
assault was currently a Class A misdemeanor. A second
charge of driving under the influence (DUI) was a Class A
misdemeanor. Endangering the welfare of a child in the
first degree or vulnerable adult in the second degree, and
sexual abuse of a minor in the fourth degree were all Class
A misdemeanors. He emphasized the serous nature of Class A
misdemeanor crimes. The sentence carried up to one year in
prison and a $10 thousand fine. The sentence was not merely
a "slap on the wrist." The sponsors believed that the
charge was appropriate for a small quantity, non-violent
drug offender.
Senator Bishop wanted reassurance that the legislation
would not threaten the existence of therapeutic courts. Mr.
Kopp reassured the Senator that SB 56 did not impact the
therapeutic courts.
9:29:42 AM
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
conveyed that the Department of Law (DOL) would continue
discussions with the sponsor over the interim to "consider
more information about the bill." The department shared
some of the concerns expressed by law enforcement. The
department wanted a safe reduction in the prison population
and supported the premise of the legislation. The
department believed resolution was possible with further
scrutiny and working closely with the sponsor.
Co-Chair Meyer commented that he supported the concept of
"smart justice" and thought it was a "good approach." He
appreciated DOL's attempt to work with the sponsor to
address concerns.
Co-Chair Kelly asked for a detailed discussion on the
department's concerns regarding the legislation's impact on
the therapeutic courts. Mr. Kopp explained that DOL
cautioned that reclassifying small quantity offenses to a
misdemeanor prevented sending an offender who was a felon
to therapeutic court. He countered that "there was no
shortage of addicts who were eligible for therapeutic
court." Many addicts become felons and were eligible even
with a lesser charge. He felt that the concern was "simply
not an issue."
QUINLAN STEINER, PUBLIC DEFENDER, STATE OF ALASKA,
introduced himself for the record.
Senator Bishop asked whether the legislation affected
eligibility for the therapeutic courts.
NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM, answered
that certain individuals who were eligible for felony drug
court would not be eligible if the crimes were declassified
to misdemeanors; the offenders would no longer be felons.
She detailed that out of twelve therapeutic courts only one
was a felony drug court with twelve participants. The court
did not anticipate either a shortage of participants for
the felony drug court or an impact on the therapeutic
courts if SB 56 became law.
Vice-Chair Fairclough reviewed the fiscal notes. She noted
FN1 (ADM), allocated to the Office of Public Advocacy with
no fiscal impact and a possible reduction in costs for
constitutionally mandated defense services. She turned to
FN2 (ADM) allocated to the Public Defender Agency with no
fiscal impact and a reduction in the cost of processing
individual cases and reduced overall agency budget growth.
She cited FN3 (COR) allocated to the Alaska State Trooper
Detachments with no fiscal impact due to no impacts to the
investigative process regarding the offenses. She noted FN4
(DPS) allocated for Laboratory Services with no fiscal
impact. She moved to FN5 (COR) allocated to the Office of
the Commissioner with no fiscal impact but the actual
impact of the legislation was unknown. The department would
monitor the potential impacts of the legislation. She
highlighted the new indeterminate fiscal note from the
Department of Law allocated for Criminal Justice
Litigation. The department noted that reducing an offense
from a felony to a misdemeanor created a savings, but
sometimes there were unforeseen consequences. She reviewed
FN7 (CRT) appropriated to Trial courts with no fiscal
impact.
9:39:47 AM
Vice-Chair Fairclough MOVED to REPORT SB 56 out of
committee with individual recommendations and the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
SB 56 was REPORTED out of committee with a "do pass"
recommendation and with a new indeterminate fiscal note
from the Department of Law; and previously zero fiscal
notes: FN7 (CRT), FN5 (COR), FN4 (DPS), FN3 (DPS), FN2
(ADM), and FN1 (ADM).
9:43:53 AM
AT EASE
9:47:38 AM
RECONVENED
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