Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/28/2018 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s): Alaska Bar Association Board of Governors, State Board of Parole | |
| SB202 | |
| SB184 | |
| SB150 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | SB 184 | TELECONFERENCED | |
| += | HB 43 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 202 | TELECONFERENCED | |
| += | SB 150 | TELECONFERENCED | |
SB 150-PRETRIAL RELEASE; NON-AK CRIM HISTORY
2:24:20 PM
CHAIR COGHILL reconvened the meeting and announced the
consideration of SB 150. He noted the proposed committee
substitute (CS), the four proposed amendments, and the
individuals waiting to give public testimony. He asked Senator
Wielechowski to summarize the amendments so both the public and
the Department of Law will know what will be discussed.
2:26:11 PM
SENATOR WIELECHOWSKI said he tried to tailor the amendments to
the bill and the pretrial and bail concerns he hearing in the
community.
Amendment 1 deletes the requirement for mandatory release when a
person is arrested for a misdemeanor and is deemed a moderate
risk. An individual may still be released on their own
recognizance, but the judge has discretion.
Amendment 2 is in response to situations where a person commits
a crime, is released on mandatory OR, commits another crime, and
is again released on mandatory OR. The Department of Law
testified that this is happening. The amendment says if a person
commits a crime while out on OR, they are no longer eligible for
mandatory OR. This gives discretion back to the judge.
Amendment 3 clarifies that judicial officers have the ability to
require an individual to complete a sobriety program while on
release. It also adds a box to the release form that clarifies
whether or not the person eligible for release is required to
enter a sobriety program.
Amendment 4 defines electronic monitoring to mean active
realtime global positioning system (GPS) monitoring. The DOC
testified it had this capability, but it isn't always used. He
said his research indicates this is generally more effective in
eliminating abuse of electronic monitoring.
2:28:55 PM
CHAIR COGHILL asked each individual to limit their public
testimony to two minutes.
2:29:51 PM
BRADLEY MILLER, representing self, Eagle River, Alaska, said SB
150 is moving in the right direction, but it's still just a band
aid for the failures of SB 91. He suggested the honorable thing
would be to repeal that legislation and start over.
2:31:22 PM
TAMMY WELLS, representing self, Anchorage, Alaska, said she has
worked in the legal system for the past 20 years. She grew up in
Mountain View and since the passage of Senate Bill 91, she has
never been more fearful. She agreed with the previous testifier
that repealing Senate Bill 91 is a real move in the right
direction. That legislation is responsible for the dramatic
increase in crime throughout the state. Recidivism is a problem
because there are not enough programs within the prison system
to get people off drugs and to teach new skills so they can
successfully reintegrate into society. Neither are there enough
mentorship programs. The best bet is to start over and address
the underlying problems that are causing people to commit crimes
in the first place.
CHAIR COGHILL said written testimony is welcome.
2:34:00 PM
LARRY DISEBROW, representing self, Eagle River, Alaska, said SB
150 won't really help. Senate Bill 91 needs to be repealed and
replaced with a bill that addresses the crime problems in
Alaska.
2:35:13 PM
BONNIE LILLEY, representing self, Anchorage, Alaska, said she
lives alone in the Muldoon area and it has a lot of crime. She
stated that notice of public testimony needs to be advertised
better. When she called the person, who answered the phone
didn't know if public testimony would be taken. It's a problem
to leave the public out of the process when they are being
incredibly affected by rampant crime. She didn't like Senate
Bill 91 when she first saw it and her assessment was spot on.
The treatment aspect isn't in effect and there are no
repercussions for committing crimes. She questioned how pretrial
officers can assess risk when out-of-state criminal history
isn't considered. She approves of the improvements the bill
seeks to address but doesn't believe it will help unless
treatment in jail is mandatory. Other states that have
implemented similar criminal justice legislation have required
treatment programs. She urged the committee to focus on stronger
changes so people can sleep at night.
CHAIR COGHILL said we're trying to make sure the public is
noticed.
2:40:11 PM
LESLIE DISBROW, representing self, Eagle River, Alaska, stated
that SB 150 doesn't go far enough to adequately address the
problems with crime in the state. She doesn't feel safe going to
the store in Eagle River The current catch and release system is
completely unacceptable. The only fix is to completely repeal
Senate Bill 91 and work to solve the issues facing the state.
Cars are being stolen, robberies are going on, and people are
shoplifting like crazy. Nothing can be done about this because
the police and judges' hands are tied. Scrap Senate Bill 91 and
start over.
2:42:04 PM
CLIFF COOK, Eagle River Community Patrol, Eagle River, Alaska,
said he started the community patrol in November 2017 because of
the increase in crime in Eagle River by repeat offenders. These
folks are arrested and the police have to release them. A lot of
people blame Senate Bill 91 and he agrees. A lot of people blame
drug addiction and he agrees. Anchorage also has a lot of
homeless and runaways. What these people all have in common is
they are desperate and unafraid. He agreed that starting over is
the right first step to get crime under control.
CHAIR COGHILL said he would defend some areas of Senate Bill 91
but it's reasonable to poke holes in it in other areas. It's a
combination of how to prosecute, the plea bargaining, the bail
schedule, and accountability in pretrial.
2:45:07 PM
BRITTNEY NUXALL, representing self, Anchorage, Alaska, she has
the same complaints as others about crime, but she wanted to
highlight the suffering her family has gone through as a result
of Senate Bill 91. She described two family members who have 14
probation violations between them. She maintained that pretrial
services does not hold them or others accountable. She said
these people aren't suffering but their children are. One family
member was incarcerated, received treatment, and the family was
reunited. She attributed this largely to pushing by the family,
not the court, or pretrial services. Alaska says it doesn't
leave children behind, but it does. This is clear when one looks
at the number of children in foster care. She urged the
committee to repeal Senate Bill 91 and start over.
2:48:36 PM
AMY DEMBOSKI, representing self, Chugiak, Alaska, said the
Anchorage Assembly has taken no less than five hours of public
testimony on Senate Bill 91, Senate Bill 54, crime in general,
and criminal justice reform. In the last year and a half, she
has held two town hall meetings on crime in her district. Nearly
200 people testified and just 10 people supported the direction
the legislature has chosen to go. The rest were overwhelmingly
opposed to the criminal justice reforms implemented by the
legislature.
She said her testimony on SB 150 is very simple. It is logical
to use out-of-state criminal histories but the pre-assessment
tool is fundamentally flawed. Removing discretion from judges to
remove criminals from the state and keep the public safe is
counter to the role judges traditionally play in the criminal
justice system. She stated support for the amendments Senator
Wielechowski described, particularly Amendment 1.
MS. DEMBOSKI said she appreciates Senator Coghill looking at the
criminal justice system in Alaska, but she believes that Senate
Bill 91 has contributed significantly to the explosion of crime
in the state. She shared that some police officers have pulled
her aside and said they are not allowed to speak out about the
legislation publicly, but they want to see it repealed. She
noted that today's hearing was publicly noticed but nowhere did
it say that public testimony would be taken. She expressed hope
that Senator Costello's bill to repeal Senate Bill 91 gets a
full and fair public hearing with adequate public notice.
2:52:43 PM
LYNETTE CLARK, representing self, Fox, Alaska, said SB 150 is
nothing but a band aid on the crime wave in Alaska when a
tourniquet is needed. She believes Senate Bill 91 is the core of
the problem. Public testimony on that legislation foretold
future problems. There are a lot of reasons for the crime wave
including drugs, unemployment, and debt. In her small village
the worries are about heroin addicts, crack addiction,
"methheads," stolen trucks, and home break-ins. In this economy
it's difficult for people to replace the things they've lost.
The solution is to repeal Senate Bill 91 and then employ a
different tactic to protect Alaskans.
CHAIR COGHILL said that in Senate Bill 91 victims got more
access and input. The penalties were increased for both drug
dealing and murder, so repealing the bill entirely would be a
step backward in those areas. He acknowledged that improvements
could be made in the areas of pretrial and arrests.
CHAIR COGHILL said the CS and the amendments would be brought
forward on Monday.
2:58:04 PM
CHAIR COGHILL held SB 150 in committee with public testimony
open.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS to SB 184 (ver. N).pdf |
SJUD 3/28/2018 1:30:00 PM |
SB 184 |
| CS to SB 150 (ver. O).pdf |
SJUD 3/28/2018 1:30:00 PM |
SB 150 |
| Sarah Possenti - State Board of Parole.pdf |
SJUD 3/28/2018 1:30:00 PM |
Confirmation |
| William Gordon - Board of Governors of Alaska Bar.pdf |
SJUD 3/28/2018 1:30:00 PM |
Confirmation |