Legislature(2019 - 2020)BUTROVICH 205
02/19/2019 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB33 | |
| SB34 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 33 | TELECONFERENCED | |
| += | SB 34 | TELECONFERENCED | |
SB 34-PROBATION; PAROLE; SENTENCES; CREDITS
6:03:05 PM
CHAIR SHOWER reconvened the Senate State Affairs Standing
Committee and announced the consideration of SB 34; "An Act
relating to probation; relating to a program allowing
probationers to earn credits for complying with the conditions
of probation; relating to early termination of probation;
relating to parole; relating to a program allowing parolees to
earn credits for complying with the conditions of parole;
relating to early termination of parole; relating to eligibility
for discretionary parole; relating to GOODE time; and providing
for an effective date."
He advised that the purpose of the evening meeting was to take
public testimony. He asked the testifiers to limit their
comments to three minutes and encouraged anyone who was unable
to participate tonight could submit written testimony to:
senate.state.affairs@akleg.gov.
6:04:05 PM
ERIK REED, representing self, Mat-Su, stated that he had a
question about Section 18 that prohibits a person from earning
good time while on electronic monitoring post sentence. He
shared a personal story about being hit by a drunk driver in
December 2017. He and his son survived but his wife was killed.
The drunk driver spent just two weeks in jail before he was
released on electronic monitoring. His third-party custodian is
his best friend. Mr. Reed asked if the time this person spends
on EM pretrial will be credited against his ultimate sentence.
He opined that there isn't a lot of help for the victims, but a
lot of time and money is spent rejuvenating criminals. He stated
support for eliminating any credit for time served on electronic
monitoring pretrial.
CHAIR SHOWER expressed sympathy for his loss. He advised that
the governor's crime bills eliminate any credit for time spent
while on electric monitoring pre or post trial.
MR. REED asked when the bill takes effect.
CHAIR SHOWER replied the effective date is July 1, 2019.
6:07:51 PM
SID ATWOOD, representing self, Anchorage, expressed sympathy to
the previous testifier and agreed that victims sometimes get the
short end. He shared that he is 42 years sober and currently
does contract work through Partners for Progress working to help
people coming out of prison get treatment and become better
citizens and productive members of society. He said it was
treatment that gave him a chance to have a good life.
6:09:15 PM
SENATOR REINBOLD joined the committee.
6:10:28 PM
MICHAEL BERGER, representing self and the people on the streets
that were unable to attend, Anchorage, Alaska, said people who
commit crimes absolutely deserve to be sanctioned, but the
corrections goal to rehabilitate will not be achieved with
continuous change. He suggested the Department of Corrections
look at opportunities for reform while people are inside and
when they're released, they need to be treated like the reentry
groups treat them. He said probation and parole are supposed to
help once somebody is released from jail but as it stands, they
are not getting enough support.
CHAIR SHOWER asked if he supports or opposes SB 34.
MR. BERGER said he opposes SB 34 on the grounds that continuous
change will not achieve the goal [of rehabilitation].
6:12:42 PM
SENATOR KAWASAKI joined the committee.
6:12:57 PM
TALIA EAMES, Reentry Program Coordinator, Central Council
Tlingit and Haida Indian Tribes of Alaska, Juneau, said that she
is also a decorated veteran of the United States Air Force and
she is testifying in opposition to SB 34. She said she has seen
how caps on probation and parole violations and increased
incentives have helped those returning to their community
following incarceration. Eliminating the caps on technical
violations will hurt those who are trying to maintain their
employment, treatment, and family obligations outside of
incarceration. She pointed out that these violations do not
impact public safety; they are status offenses that do not
include a new crime or victim. The 3, 5, and 10 day caps on
technical violations ensure that swift and certain justice is
served, and that people are not starting over after a mistake.
She related success stories involving probation officers who
worked with probationers "outside the walls."
She emphasized that returning the accumulation of good time from
1:1 to 3:1 will hurt those who are in compliance and drastically
reduce an incentive that is working and saving the government
money. This also applies to eliminating credit for time served
on electronic monitoring. She pointed out that past bail
schedules have proven to be discriminatory to the economically
disadvantaged. Furthermore, current law that allows credit while
on electronic monitoring has allowed many who would otherwise
remain in a cell to hold jobs and have a chance to be productive
citizens. She said that eliminating that incentive will not help
in rehabilitation.
MS. EAMES opined that the reduction in recidivism that we're
beginning to see in Alaska is due in part to the policies that
SB 34 would overturn. Please keep this in mind as the bill moves
through the legislature, she said.
6:16:13 PM
LYNDA WATTS, representing self, Juneau, stated that she is a
person with disability who is in long-term recovery. What has
helped her stay out of jail is the Juneau Reentry Coalition and
JAMHI [Juneau Alliance for Mental Health Inc]. She talked about
her childhood trauma, multiple arrests and incarceration and the
difficulty she has had finding housing. She urged the committee
to keep some parts of Senate Bill 91 because it has helped a lot
of people get on the right track. Treatment is the cure for
people whereas locking them up exposes them to new opportunities
for criminal behavior.
6:20:36 PM
ARIEL WALKER representing self, Anchorage, said she has been in
recovery for three years. She credited Senate Bill 91 for her
release from prison to a long-term inpatient treatment program
and reported that she has since graduated and has been living a
successful life since. She said Senate Bill 91 gave her hope and
hearing about reducing the earned credits from a month violation
free for a month of credit to 3 days violation free for 1 day of
credit was discouraging. "I treat my recovery as if it is day
1," she said.
6:23:00 PM
CLINTON CERDA representing self, Palmer, Alaska said he was
speaking in favor of Senate Bill 91. He shared that he is a
felon who received his third DUI in 2009. Under the current law
he could possibly get a limited license this year because he has
voluntarily participated in a treatment program and has been
violation-free for going on 10 years. This might not be possible
if new legislation passes. He talked about missed opportunities
and the challenges associated with living where there are few
public transportation options. He related that he has been doing
very well and is ready to get his life back on track.
6:24:27 PM
SENATOR MICCICHE advised that none of the five crime bills talk
about repealing the limited license for those who have a long-
term record of violation-free sobriety. He asked Mr. Cerda if he
supported or opposed the bill based on that information.
MR. CERDA asked if there was a specific page and line in the
bill that makes that clarification.
SENATOR MICCICHE replied the bill does not address that issue
but he could send an email to: senate.state.affairs@akleg.gov
and the chair would send material that may be helpful.
6:25:53 PM
LEE BREWING, representing self, Anchorage, said he is the chair
of the Advisory Committee on Alcoholism and Drug Abuse and he
identifies as a person living in long-term recovery. He became
addicted to heroin in high school, but treatment worked. He said
he supported the criminal justice reform bills like Senate Bill
91 and he believes that many factors should be considered before
that law is fully repealed. He highlighted crime rates that have
been rising since 2011, the economic recession that has
contributed to crime rates, and the opioid epidemic in the
state. He said he's done everything within his power to rectify
his past mistakes. He is a convicted felon who believes in
treatment and that recovery is possible, he is a substance abuse
counselor, and he has graduated college with a degree in applied
science and human services. He said he found some things worked
better than others, but incarceration did not help. It was
traumatizing, humiliating, and disconnected him from society. He
said one line from a TED talk titled "Everything You Know About
Addiction is Wrong" sticks in his mind. The author said that
"the opposite of addiction is connection." Mr. Brewing concluded
his comments opining that, "The more we are connected as a
community, the stronger we are in the fight against crime and
the fight against addiction."
6:28:26 PM
CHAIR SHOWER said it's encouraging to hear from people who have
found a good path forward to turn their life around and stay
clean.
6:29:06 PM
SENATOR MICCICHE suggested that anything the committee could do
to get a matrix of the crime bills in the public's hands the
better because there is confusion about what is in each bill and
what sections of law are and are not repealed.
CHAIR SHOWER added that many people don't understand that some
parts of Senate Bill 91 have been retained or modified. He
encouraged the use of social media to get the word out.
6:30:32 PM
SENATOR KAWASAKI commented that some people believe that the use
of the phrase "repeal and replace" indicates that the entire
Senate Bill 91 is being repealed, which is not the case. For
example, the limited driver's license that has a ten-year
lookback is an important provision that was added to Senate Bill
91 and that is retained. About 40-50 other provisions in Senate
Bill 91 are not repealed under the governor's crime legislation.
He stressed the importance of getting information out to the
public.
CHAIR SHOWER said it's important that people understand that
this is an evolving process and it's important to be flexible
and continue to update and change the criminal justice system to
make it work going forward.
6:32:34 PM
LYNNETTE CLARK representing self, Fox, said she generally likes
the direction the bill is headed but she opposes allowing any
credit for time served while on electronic monitoring. She
summarized testimony she heard on a different bill about a
victim crossing paths with the offender in the community while
he was released on electronic monitoring. She questioned who is
really in jail under those circumstances. She voiced support for
stronger sentences and agreed with Senator Micciche about
privatizing electronic monitoring
6:34:44 PM
JOE SCHLANGER, representing self, Anchorage, Alaska testified in
support of SB 34. He referenced Section 17 and said he'd like to
see a longer sentence for that crime. He said he agrees that
offenders need help, but the victims should also be given
consideration. He opined that Senate Bill 91 created more
victims and gave an example.
6:36:10 PM
ANNE DOERPINGHAUS, representing self, Fairbanks, said she
believes that time spent in a correctional system should be
meaningful and treatment-focused to bring about change. She
opined that people need consequences when they commit a crime
but privatizing prisons and sending offenders out-of-state and
away from their families is not in the best interest of changing
behavior. Most people are released from prison one day so it's
important to provide incentivizes and promote changes that make
everyone safe. She said she was dismayed to hear talk about
privatization and closing facilities in Alaska. Contact with a
support network on the outside is hugely important to prisoners.
It can be done remotely to a certain extent, but it is much less
effective, she said.
CHAIR SHOWER asked if she supports or opposes SB 34 in its
current form.
MS. DOERPINGHAUS said her comments are in opposition to
privatization and sending prisoners out-of-state.
6:39:08 PM
SENATOR MICCICHE clarified that SB 34 does not talk about prison
privatization. The discussion about privatization in the context
of SB 34 relates to electronic monitoring.
MS. DOERPINGHAUS said thanks for the clarification and
reiterated that the people in prison need consequences and
treatment.
SENATOR MICCICHE directed attention to the documents page on
BASIS for SB 34 that includes a spreadsheet that clarifies what
is in each of the crime bills. He said he finds the bill to be
rather balanced and he believes she will too.
CHAIR SHOWER reiterated that written testimony can be submitted
to senate.state.affairs@akleg.gov. It will be put in the record
and distributed to the members.
6:42:54 PM
MARTY KINCAID, representing self, Palmer, stated that the Alaska
Criminal Justice Commission Annual Report is a must read. She
described it as an invaluable resource for evidence-based
reforms and recommendations and opined that all legislation
should be substantiated with data from this resource. She noted
that the fiscal note analysis indicates that SB 34 will, among
other things, increase incarcerations and remove incentives for
good behavior. She commented that the general theme in the
governor's crime bills is to respond to increased crime by more
incarcerations. She noted that on page 10 the report says that
incarceration rates have not affected crime rates since the
1990s and that there is diminishing return with increased
incarceration rates. The summary further states that more people
are successfully completing probation and parole and that low-
risk offenders are more likely to follow the rules and earn
compliance credits to complete probation or parole earlier,
allowing officers to focus on higher risk individuals. She said
it seems that SB 34 will combine low and high risk individuals.
She noted that a recent article in the Anchorage Daily News said
the deputy chief attributed the decline in vehicle thefts after
a three-year rise to the recent hiring of additional officers
and detectives. She opined that the approach to all crime bills
should be fully funded police departments to enforce the laws
and a fully funded court system to process the law.
She cited the Alaska Senate Majority 2019 web poll results about
support or opposition for a large PFD if it means less money for
roads, schools, and troopers; 48 percent strongly opposed, and
14 percent were somewhat opposed. She said above all there
should be a path available for correction, rehabilitation, and
restoration of individuals as healthy members of society.
Increases in incarceration and sentencing is not substantiated
by the facts to lower crime rates and it is financially
unsustainable. The commission recommends using a problem-solving
rather than punitive approach, she said.
SENATOR MICCICHE expressed surprise at how few testifiers called
in.
CHAIR SHOWER advised that the Senate Bill 91 comparison
spreadsheet would be uploaded on BASIS with the documents for
this meeting.
CHAIR SHOWER closed public testimony and held SB 34 in
committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA .pdf |
SSTA 2/19/2019 3:30:00 PM |
Agenda |
| SB 33 Transmittal Letter.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB0033A.PDF |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - Pretrial Highilghts.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - Pretrial Sectional.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB33-DOL-FN#1.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB33-DPS-FN#2.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB33-DOA-FN#3.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB33-DOA-FN#4.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB33-DOC-FN#5.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB33-DOC-FN#6.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB33-Court System-FN.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 33 |
| SB 34 Transmittal Letter.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 34 |
| SB0034A.PDF |
SSTA 2/19/2019 3:30:00 PM |
SB 34 |
| SB 34 Highlights.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 34 |
| SB 34 - Probation and Parole Sectional.pdf |
SSTA 2/19/2019 3:30:00 PM |
SB 34 |
| SB0034-1-2-012319-LAW-N.PDF |
SSTA 2/19/2019 3:30:00 PM |
SB 34 |
| SB0034-2-2-012319-COR-Y.PDF |
SSTA 2/19/2019 3:30:00 PM |
SB 34 |
| SB0034-3-2-012319-COR-Y.PDF |
SSTA 2/19/2019 3:30:00 PM |
SB 34 |
| Court System Fiscal Note.pdf |
SSTA 2/19/2019 3:30:00 PM |
Court System FN |
| SB33&34-GOA Bills Matrix 1-30-19.pdf |
SSTA 2/19/2019 3:30:00 PM |