Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/16/2016 09:00 AM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB147 | |
| HB308 | |
| HB317 | |
| HB126 | |
| SB182 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 147 | TELECONFERENCED | |
| += | HB 308 | TELECONFERENCED | |
| + | HB 317 | TELECONFERENCED | |
| + | HB 126 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 182 | TELECONFERENCED | |
HB 126-CODE OF MILITARY JUSTICE; APPEALS
10:26:47 AM
CHAIR MCGUIRE reconvened the meeting and announced the
consideration of HB 126. She noted this is the first hearing,
SCS CSHB 126(STA) is before the committee, and the intention is
to move the bill today. She deferred to Senator Costello to say
how much of an overview she would like because the other members
already heard the bill.
SENATOR COSTELLO requested an adequate overview.
10:27:44 AM
CHRISTOPHER WEAVER, Lieutenant Colonel, Alaska National Guard,
Staff Judge Advocate for the Adjutant General, Department of
Military & Veterans' Affairs (DMVA), Joint Base Elmendorf-
Richardson, Alaska, explained that HB 126 was introduced after
the Office of Complex Investigations with the National Guard
Bureau issued a report stating that the Alaska National Guard
did not have a functioning military justice program.
He related that the Alaska National Guard does not have a
codified punishment system and the other tools it attempts to
use are inadequate, resource intensive, and generally do not fit
the punishment scheme. For this reason a Uniform Code of
Military Justice (UCMJ) and Alaska Code of Military Justice
(ACMJ) are needed. The idea is that civilians will prosecute
civilian crimes and the military will prosecute military crimes
or the crimes that affect the unit. If there's a light crime
like sexual assault, the military would look at it to see if it
meets military elements. He noted that this would affect
nonjudicial punishment for minor offenses and courts-martials
for more serious offenses. He directed attention to a document
in the packets that enumerates various offenses and the maximum
punishment as it relates to confinement.
SENATOR COSTELLO asked him to talk about the process; how the
legislation was drafted, who was involved, the response, and the
significance of the bill.
COLONEL WEAVER spoke to the Guard's input in the bill. They
tried to keep the process open and brought in people of various
ranks to run through scenarios and trainings. They talked to
different commanders to learn what they needed to ensure good
order and discipline. They looked at what other states have done
recently to implement a state military code.
CHAIR MCGUIRE recalled that two years ago the Senate Judiciary
Committee brought in corrections officers to talk about
corrections issues. Thereafter the committee returned to the
issue of the military and the National Guard. She didn't recall
if there was a full hearing or just discussion about the sexual
harassment claims in the Alaska National Guard. She asked
Senator Coghill to talk about the report she advocated.
10:34:36 AM
SENATOR COGHILL said the committee was looking for information
about the same issue that the National Guard was dealing with.
CHAIR MCGUIRE said some members were vocal about the culture
within the Alaska National Guard under former Adjutant General
Katkus and former Deputy Commissioner McHugh Pierre. She
recalled three areas of concerns: a culture of sexual harassment
with no opportunity to make a claim; misuse of government
property; and drug misuse. This played out in the last governor
campaign and election. Commissioner and Adjutant General Laurie
Hummel came in with the mission to address those concerns
through the update of the Alaska Code of Military Justice that
was last updated in 1955. The idea is that updating the code and
the process by which individuals are disciplined will inspire
more confidence in the system and raise morale. The intention is
to correct the action and get the individual back on the right
course.
COLONEL WEAVER agreed that is the goal.
10:37:56 AM
CHAIR MCGUIRE said the remaining controversy with the bill is
the amendment to reinsert the no turndown clause. In a previous
committee Senator Huggins expressed concern with the provision
and offered an amendment to remove it. The remainder of the bill
is relatively uncontroversial.
10:38:31 AM
SENATOR COGHILL said he suspects there will be a cost associated
with the bill despite the fiscal notes that were zeroed. He is
satisfied at this point that the federal government will pick up
much of the adjudication costs.
CHAIR MCGUIRE thanked Colonel Weaver for his service to the
country and state. She asked him to synthesize why he wants the
no turn back clause in the bill, how National Guard personnel
are disciplined, and what a courts-martial means.
COLONEL WEAVER said a no turn down provision for nonjudicial
punishment means a soldier facing a minor offense charge may not
decline the imposition of nonjudicial punishment in favor of a
courts-martial. In the Senate State Affairs Committee, Senator
Huggins argued against having a no turn down provision in the
nonjudicial punishment regulations. The Alaska National Guard
would prefer that provision be adopted in regulation, but not
without having a conversation with Senator Huggins first.
10:42:29 AM
CHAIR MCGUIRE indicated she would take an at-ease waiting for
Senator Wielechowski to return with an amendment.
SENATOR COGHILL asked if this code will make it more difficult
for the Alaska National Guard to be flexible and help in a
community.
COLONEL WEAVER replied it will have no effect whatsoever in that
area.
CHAIR MCGUIRE reviewed the recent discussion and asked Senator
Wielechowski to offer his amendment.
10:44:14 AM
SENATOR WIELECHOWSKI moved to adopt Amendment 1, labeled 29-
LS0473\L.1.
AMENDMENT 1
OFFERED IN THE SENATE
TO: SCS CSHB 126(STA)
Page 9, line 8:
Delete "confinement of more than one year is sought"
Insert "the member of the militia is accused of
committing an offense that is punishable by confinement of
more than one year"
Page 27, line 1:
Delete "authorized"
Insert "imposed"
Page 27, line 5:
Delete "authorized"
Insert "imposed"
SENATOR COGHILL objected.
SENATOR WIELECHOWSKI explained that both Amendment 1 and
Amendment 2 reverse changes made in the Senate State Affairs
Committee and restore the legislation to the language that
passed the House. He deferred to the sponsor to provide her view
of why this is important.
10:45:16 AM
REPRESENTATIVE GABRIELLE LEDOUX, Alaska State Legislature,
sponsor of HB 126, described Amendment 1 as an antidote to the
poison pill amendment adopted in Senate State Affairs. It
reverses making a felon of a National Guard member who didn't
show up for work for a couple of days. The State Affairs version
of the bill goes against what the legislature is trying to do
this session to keep nonviolent offenders out of jail, and it
goes against what is intended in HB 126.
10:48:17 AM
CHAIR MCGUIRE said she understands that point of view but
Senator Huggin's point is that a person serving in the military
would want an opportunity to clear their name.
SENATOR WIELECHOWSKI clarified that she was speaking to proposed
Amendment 2; Senator Stoltze offered the amendment that
Amendment 1 reverses.
CHAIR MCGUIRE restated Senator Huggins' concern with proposed,
yet to be offered, Amendment 2.
REPRESENTATIVE LEDOUX said she is prepared to defer to the Guard
on upcoming Amendment 2.
CHAIR MCGUIRE said she has no concern with Amendment 1.
SENATOR COGHILL said the period of confinement is a policy call
and then removed his objection to Amendment 1.
10:50:59 AM
CHAIR MCGUIRE found no further objection, and Amendment 1 was
adopted.
10:51:11 AM
SENATOR WIELECHOWSKI moved to adopt Amendment 2, labeled 29-
LS0473\L.
AMENDMENT 2
OFFERED IN THE SENATE
TO: SCS CSHB 126(STA)
Page 3, lines 8-10:
Delete "or prohibit a member of the militia from
declining the imposition of nonjudicial punishment in favor
of a courts-martial"
SENATOR COGHILL objected.
10:51:30 AM
SENATOR WIELECHOWSKI explained that Amendment 2 essentially is
the no turn down provision. He deferred to the National Guard to
speak to the provision. He said he respects their opinion and
they have experience with the provision in other states.
COLONEL WEAVER deferred to Colonel Hummel or Deputy Commissioner
Doehl.
CHAIR MCGUIRE asked Colonel Hummel to explain why the no turn
down provision is important.
10:52:29 AM
COLONEL LAURIE HUMMEL, Commissioner/Adjutant General, Department
of Military & Veterans Affairs (DMVA), deferred to Deputy
Commissioner Doehl to talk about the Guard's opinions on the no
turn down provision.
10:53:15 AM
RETIRED COLONEL BOB DOEHL, Deputy Commissioner, Department of
Military & Veterans Affairs (DMVA), Anchorage, Alaska, suggested
looking at this from the perspective that all ranks looked at
the issue from a military context going forward with the no turn
down provision. He pointed out that the military has numerous
programs with far more severe consequences that have no turn
down provisions and they have been repeatedly upheld in the
judicial process as meeting appropriate due process to the
accused. Therefore, it has been demonstrated in the military
context that we can effectively be just to the individuals
facing these programs, he said.
He said that if the legislature decides to implement a no turn
down provision, the Guard will execute it but it will result in
increased risk to the force, because the Alaska National Guard
receives no additional funding from the National Guard Bureau
for implementing the provision. It will be costly to comply.
10:55:25 AM
SENATOR COSTELLO asked if there is data showing, if the no turn
down provision was offered, the percentage of time someone would
prefer a courts-marital.
COLONEL DOEHL said it would be speculative to offer a percentage
at this point, but it's likely there would be far more
challenges in the first year to test the system.
SENATOR COSTELLO asked for an estimate of what one case might
cost.
COLONEL DOEHL said it depends on the nature of the matter but
more than the dollar cost it's the number of days the people
spend in the process. One or two people handling a simple matter
something like dereliction of duty could result in the loss of
20 or 30 additional training days. That means they wouldn't be
as prepared when they are deployed or to serve the state in an
emergency.
SENATOR WIELECHOWSKI asked Colonel Weaver to discuss the
experience in other states and questioned whether the no turn
down is a federal provision.
COLONEL WEAVER said the trend is moving toward no turn down, as
recommended in the model code by the National Guard Bureau. He
noted that Kansas felt hamstrung and recently changed their
statutes to put in a no turn down provision. He related his
experience that good soldiers that make a mistake will accept
this whereas the bad soldier will ask for the courts-martial. He
estimated a special courts-martial costs from $3,000 to $7,000.
10:59:00 AM
CHAIR MCGUIRE recommended moving the bill along "as is." She
said there is no reason you can't come back later on with more
discrete evidence and focus to get the no turn down provision
restored. She further suggested asking the federal government
for more grant money to address the long-standing problem in
Alaska that yielded a change in leadership; Alaska's code of
military justice has just been updated for the first time since
1955 and resources are needed to continue to move forward.
She deferred to Senator Wielechowski as to whether he wanted to
move forward with Amendment 2.
11:01:26 AM
SENATOR WIELECHOWSKI said he respects her opinion, but he can't
in good conscience remove the amendment. Without it, combat
readiness will be diminished and the process of justice will be
slowed. He indicated he will offer the amendment on the floor if
it fails in committee.
SENATOR COGHILL said it's appropriate that individuals whose
career is on the line are able to defend themselves.
CHAIR MCGUIRE requested a roll call.
A roll call vote was taken. Senator Wielechowski voted in favor
of Amendment 2 and Senators Costello, Coghill, and McGuire voted
against it. Therefore, Amendment 2 failed by a 1:3 vote.
11:03:21 AM
CHAIR MCGUIRE found no further amendments, questions,
discussion, or public testimony. She closed public testimony and
solicited a motion.
11:03:26 AM
SENATOR COGHILL moved to report the amended Senate CS for CS for
House Bill 126, from committee with individual recommendations
and attached fiscal note(s).
CHAIR MCGUIRE announced that without objection, SCS CSHB
126(JUD) is reported from the Senate Judiciary Standing
Committee.
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