Legislature(2017 - 2018)BELTZ 105 (TSBldg)
03/21/2018 01:30 PM Senate JUDICIARY
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 | |
| SB184 | |
| SB175 | |
| SB150 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 184 | TELECONFERENCED | |
| *+ | SB 150 | TELECONFERENCED | |
| *+ | SB 175 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 184-ACCESS TO MARIJUANA CONVICTION RECORDS
1:32:07 PM
CHAIR COGHILL announced the consideration of SB 184 and stated
his intention to hear an introduction and take questions.
1:33:03 PM
SENATOR TOM BEGICH, Alaska State Legislature, Juneau, Alaska,
sponsor of SB 184, stated that the bill is the result of
meetings in his district on public safety that occurred last
September. He continued the introduction speaking to the
following sponsor statement:
Senate Bill 184 would make confidential the records of
individuals who have been convicted of minor marijuana
crimes, and no other crime. In 2014, Alaskans voted to
legalize the cultivation, sales, and possession of
marijuana for those 21 years old or older. This
legislation led to a robust and growing marijuana
industry, but some Alaskans remain blocked from
employment and housing by previous marijuana
possession.
According to a report by Legislative Research, between
2007 and 2017 there were more than 700 Alaskans
convicted of low level marijuana crimes. Those
convictions can make obtaining housing and gainful
employment challenging, even though marijuana
possession would not be a crime today.
Further, Senate Bill 184 would prevent the State from
asking if someone has been convicted of a felony on a
job application, with an exclusion for any position
related to the criminal justice field. This type of
'ban the box' legislation has been shown to reduce
barriers to gainful, fulltime employment, amongst the
most important factors in reducing recidivism.
Now that voters have legalized marijuana, this
legislation would allow those previously convicted to
move on with their lives, while ensuring those in the
criminal justice field still have access to needed
background information.
SENATOR BEGICH pointed out that entities would not be prohibited
from investigating an applicant.
1:34:37 PM
SENATOR KELLY joined the committee.
1:36:09 PM
SYDNEY LIENEMANN, PhD., Staff, Senator Tom Begich, Alaska State
Legislature, Juneau, Alaska, delivered the following sectional
analysis for SB 184:
Section 1: Describes the legislative intent to reduce
barriers to re-entry for those convicted of low-level
marijuana possession, which would no longer be
considered crimes today.
Section 2: Prohibits the Department of Public Safety,
and any designated reporting agency, from disclosing
any criminal records associated with possession of
less than one ounce of a schedule VIA controlled
substance conviction, covering both State Statute and
municipal ordinance. These cases will be protected
from disclosure only if marijuana possession is the
only crime for which the person was convicted in a
particular criminal case. A schedule VIA controlled
substance considered to have the lowest degree of
danger to users. Marijuana is the only VIA drug.
Section 3: Makes Alaska Court System's records of
criminal cases involving convictions for possession of
less than one ounce of marijuana confidential. Those
cases would not be available on Court View.
Section 4: Limits a State agency's ability to ask a
job applicant if they have been convicted of a crime.
This section makes an exception for any position
associated with the criminal justice field.
Section 5: Indirectly amends Alaska Court System Rules
of Administration by making certain cases
confidential.
Section 6: Because Section 5 indirectly amends a court
rule, this legislation will require a two-thirds vote
as described by the Alaska Constitution.
Section 7: Provides 120 days for this legislation to
take effect after bill signing, giving the Courts as
well as affected agencies time to change their
reporting protocols.
1:37:49 PM
SENATOR BEGICH advised that he and his staff have worked with
the Department of Law and the Court System, and they
participated in the Criminal Justice working groups that looked
at barriers to reentry and explored issues ranging from
expungement to confidentiality of records. He noted that at
least nine other states have passed legislation like SB 184
proposes. At least 30 other states have laws with some element
of expungement. He offered to provide that information to the
committee.
CHAIR COGHILL offered his understanding that in this instance
confidentiality makes these cases unavailable on CourtView, but
it does not expunge the record.
SENATOR BEGICH agreed that the record is not eliminated; it
would still be searchable by law enforcement and other entities.
1:38:52 PM
SENATOR SHOWER asked if a private investigator could access the
record on CourtView.
SENATOR BEGICH said his understanding is that the entity could
do a background search, but the record would not be available on
CourtView. He deferred further explanation to Dr. Lienemann.
DR. LIENEMANN advised that those records would be available for
a more detailed background check, but someone who is doing a
Google search would not find those records.
CHAIR COGHILL asked what a "ban the box" application would look
like.
SENATOR BEGICH clarified that the "ban the box" would only apply
to state agency applications, not private entities. The box and
direction to check the box if the applicant has convictions of
minor marijuana crimes would not appear on state applications.
He reiterated that this would not stop an employer from doing
necessary background checks. The idea is to keep state hiring
managers from tossing an application that indicates a prior
marijuana conviction that is no longer against the law.
CHAIR COGHILL said the Criminal Justice Commission has debated
the issue and that is the positive aspect. The negative is that
more agencies might require background checks.
SENATOR SHOWER asked for clarification. The third paragraph of
the sponsor statement talks about a felony conviction, but the
bill doesn't specifically mention that.
1:42:16 PM
SENATOR BEGICH referenced Senator Coghill's last comment and
advised that the Department of Administration issued a zero
fiscal note indicating that the bill would not increase costs.
He deferred Senator Shower's question to Dr. Lienemann.
DR. LIENEMANN advised that the bill says a person convicted of
any crime, not just a felony.
CHAIR COGHILL asked if the bill has generated any opposition.
SENATOR BEGICH said he hasn't heard any opposition but there
have been questions requesting assurance that the bill would not
place public safety at risk. The intent is to offer people who
have prior low-level marijuana convictions an opportunity to be
considered fairly in the job market. The bill does not ask for
expungement.
CHAIR COGHILL asked how many Alaskans have a record of a VIA
controlled substance conviction.
SENATOR BEGICH said the research his office asked for shows that
there were 721 convictions going back to 2007.
1:45:12 PM
CHAIR COGHILL thanked the sponsor and his staff for presenting
the bill. He said he would be in touch when it would be heard
again.
SENATOR WIELECHOWSKI noted that the Court System submitted a
zero fiscal note and the Department of Public Safety (DPS)
indicated it would need additional staff to go through the
records. He expressed interest in the difference in procedure to
make these records confidential between the two agencies.
SENATOR BEGICH deferred the explanation to the departments.
1:46:41 PM
KATHRYN MONFREDA, Chief, Criminal Records and Identification
Bureau, Department of Public Safety, Anchorage, Alaska, advised
that each of the more than 11,000 entries in the criminal
history system for AS 11.71.060 would need review to make sure
the conviction was for possession of less than an ounce of the
schedule VI substance. That is the reason for the DPS fiscal
note.
SENATOR WIELECHOWSKI commented that it seems odd that the fiscal
impacts are so different.
CHAIR COGHILL said his understanding is the Court System would
simply block the information. They would probably depend on DPS
to identify the individuals.
1:48:10 PM
CHAIR COGHILL stated that he would hold SB 184 for future
consideration.