04/15/2019 06:00 PM Senate STATE AFFAIRS

        SB  32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE                                                                    
                                                                                                                                
6:03:18 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  NO. 32                                                               
"An  Act relating  to  criminal law  and  procedure; relating  to                                                               
controlled  substances;   relating  to  probation;   relating  to                                                               
sentencing;  relating  to   reports  of  involuntary  commitment;                                                               
amending  Rule  6,  Alaska  Rules   of  Criminal  Procedure;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
6:03:42 PM                                                                                                                    
CHAIR SHOWER opened public testimony on SB 32.                                                                                  
                                                                                                                                
SENATOR REINBOLD joined the committee.                                                                                          
                                                                                                                                
6:04:45 PM                                                                                                                    
EARL LACKEY, representing self, MatSu,  said he was testifying in                                                               
support  of  SB 32.  "The  Act  definitely straightens  out  some                                                               
issues that we've had over the last couple of years," he said.                                                                  
                                                                                                                                
6:05:30 PM                                                                                                                    
KATIE BOTZ,  representing self, Juneau, stated  that she supports                                                               
SB   32.  She   expressed  frustration   about  there   being  no                                                               
consequences for  criminals and  opined that people  on probation                                                               
need to be  on ankle monitors. She said she  understands that the                                                               
budget is a  priority for legislators but she has  a problem with                                                               
the  crime  bills  being  held  hostage  in  the  Senate  Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
SENATOR MICCICHE  thanked Ms. Botz  for her dedication  and focus                                                               
on the cause to reduce crime.                                                                                                   
                                                                                                                                
6:07:17 PM                                                                                                                    
LARRI  SANCHER, representing  self,  Homer, stated  that she  was                                                               
calling in support  of SB 32. "We need to  do something about our                                                               
crime."                                                                                                                         
                                                                                                                                
6:07:34 PM                                                                                                                    
CRIS  EICHENLAUB, representing  self,  Eagle  River, stated  full                                                               
support  for  SB 32  and  the  Governor  "guiding our  ship."  He                                                               
supports anything that repeals Senate Bill 91.                                                                                  
                                                                                                                                
6:08:31 PM                                                                                                                    
KAREN FOSTER,  representing self,  Anchorage, stated  support for                                                               
SB 32 to  balance the scales of justice. She  related that she is                                                               
the mother  of Bonnie Craig  who was brutally raped  and murdered                                                               
in September  1984 while  she was on  her way to  a class  at the                                                               
University  of Alaska  Anchorage. She  cited a  study that  found                                                               
that there is  an 80 percent chance that someone  who breaks into                                                               
a home will  go on to commit rape or  murder. She maintained that                                                               
if Alaska  collected DNA  on all  felony arrests,  her daughter's                                                               
murder could have been solved in  months instead of 17 years. She                                                               
emphasized that a  DNA profile for CODIS does  not have sensitive                                                               
personal information; it is just a series of zeros and ones.                                                                    
                                                                                                                                
6:12:34 PM                                                                                                                    
MARSHA OFF,  representing self,  Fairbanks, stated  opposition to                                                               
SB 32  and urged the legislature  to allow more time  to evaluate                                                               
the  existing  criminal justice  reforms.  She  talked about  the                                                               
supports in  her community and the  people who are coming  out of                                                               
prison  who are  working to  turn  their lives  around. She  said                                                               
we're seeing people who have  received treatment become sober and                                                               
engaged. Some are going to  school. She urged legislators to look                                                               
at what is working rather than focusing on the negative.                                                                        
                                                                                                                                
6:13:53 PM                                                                                                                    
JAQUELINE BOCK,  representing self, Sterling, stated  support for                                                               
repealing  Senate Bill  91 and  implementing SB  32. She  related                                                               
that a drug house cropped up  in her neighborhood three years ago                                                               
and what goes  on there is "beyond disgusting." She  has lived in                                                               
Alaska  for over  60 years  and she  finds the  current state  of                                                               
crime  "sickening."  She stressed  that  Alaskans  should not  be                                                               
afraid in  their own homes or  worry about getting run  over by a                                                               
"drugged  out"   driver  if   they  go  for   a  walk   in  their                                                               
neighborhood.  She  described a  litany  of  things she  and  her                                                               
neighbors are faced with constantly as  a result of having a drug                                                               
house in the neighborhood. She  said it is extremely important to                                                               
hold offenders accountable for their  crimes and the current laws                                                               
do not do this. Instead, she  said the current crime laws attract                                                               
criminals,  increase adverse  childhood events,  increase trauma,                                                               
make more victims, increase costs,  and they do not rehabilitate.                                                               
These people think Alaska's laws are a joke, she said.                                                                          
                                                                                                                                
SENATOR  MICCICHE  thanked  Ms.  Bock for  calling  and  for  her                                                               
patience. He related  that the Bocks are in the  middle of one of                                                               
the neighborhoods  he's talked  about that  is filled  with "drug                                                               
houses." They  have complained hundreds  of times, but  there has                                                               
been no response  because the tools to deal with  the problem are                                                               
not available.                                                                                                                  
                                                                                                                                
6:17:33 PM                                                                                                                    
DON HABEGER, Juneau Reentry Coalition,  Juneau, stated that JRC's                                                               
mission  is   public  safety  through  successful   reentry  into                                                               
communities.  JRC is  targeting  the reduction  in recidivism  by                                                               
strengthening community  supports such  as case  management, peer                                                               
support,  support  of  housing,   job  training,  and  employment                                                               
assistance, all to help people get  back on their feet and become                                                               
productive community members. He stated  that it is often cheaper                                                               
and  more  effective  to  treat  people  with  behavioral  health                                                               
disorders in the  community than through longer  prison terms. He                                                               
stressed  that  JRC believes  that  current  efforts are  showing                                                               
results  and  the  Department  of   Corrections'  report  to  the                                                               
legislature  indicated that  recidivism rates  for the  state are                                                               
decreasing.  He concluded  by asking  the committee  not to  lose                                                               
sight of  the principle of  reformation as they wrestle  with the                                                               
need for public and community condemnation.                                                                                     
                                                                                                                                
6:18:52 PM                                                                                                                    
LYNETTE  CLARK, representing  self, Fox,  stated that  she is  in                                                               
full support  of SB 32 and  she appreciates the work  the various                                                               
committees are doing to address the crime problem.                                                                              
                                                                                                                                
6:20:20 PM                                                                                                                    
GENE BOCK,  representing self, Sterling,  described seeing  a man                                                               
who had just been released from  jail leave the drug house on his                                                               
street, break into  a neighbor's house, steal a  jack handle, and                                                               
try to  break into his  house. He related other  "revolving door"                                                               
scenarios. He  stated full support for  SB 32 and warned  that if                                                               
the  problem isn't  addressed, "people  are just  going to  stand                                                               
there and start shooting these people."                                                                                         
                                                                                                                                
6:22:50 PM                                                                                                                    
CATHY SWANSON,  representing self, Juneau, stated  support for SB
  and the  repeal of  Senate Bill  91. She  related a  personal                                                               
experience   to  demonstrate   that   criminals  are   completely                                                               
emboldened by  the lack  of consequences  for their  crimes. Some                                                               
people don't even bother to call  the police when they witness or                                                               
are the  victim of  a crime because  offenders bounce  right back                                                               
out. She called  pretrial supervision a joke  because there isn't                                                               
any supervision.  She said she  wants victims to see  justice and                                                               
people who are struggling with addiction  to stay in jail and get                                                               
help. They should also do  something to contribute to their care.                                                               
She said she  hates to leave Alaska but she  doesn't care to live                                                               
in Juneau and more.                                                                                                             
                                                                                                                                
6:26:28 PM                                                                                                                    
KARRI DAVIDSON,  representing self,  Sterling, reported  that she                                                               
runs both the Sterling and Kodiak  watch pages and is a member of                                                               
a number  of other community watch  pages. She said she  has seen                                                               
the damage that Senate  Bill 91 has done and she  views SB 32 and                                                               
the  Governor's  other  crime  bills as  very  important.  It  is                                                               
getting dangerous  for people to  live in their homes.  "The same                                                               
people  that  are busted  one  day  for burglaries  and  stealing                                                               
peoples' car,  get thrown in  jail and  they're out on  $25 bail.                                                               
They  don't even  have time  to straighten  up and  they're right                                                               
back in  the same neighborhood  committing more  serious crimes."                                                               
She said  it's getting dangerous  and people feel they  are going                                                               
to  have  to start  protecting  themselves.  We don't  want  good                                                               
Alaskans to  end up in the  system because they had  to resort to                                                               
shooting somebody,  she said. "Please  help us. You need  to help                                                               
good Alaskans  that are  trying to  just make  a living  and live                                                               
peacefully."                                                                                                                    
                                                                                                                                
SENATOR MICCICHE thanked  Ms. Davidson for the work  she does for                                                               
the Kenai and Kodiak communities.                                                                                               
                                                                                                                                
6:28:52 PM                                                                                                                    
CHRISTINE  HEINTZ,  representing   self,  Sterling,  related  her                                                               
experience  being a  burglary victim  by a  repeat offender.  Her                                                               
possessions were  for sale on  Facebook and no charges  have been                                                               
filed.  She  stressed that  she  wouldn't  be  a victim  if  that                                                               
offender  had  been in  jail  where  he belonged.  She  described                                                               
having a  drug house at the  end of the street  and stressed that                                                               
law  enforcement does  nothing. The  neighbors are  responding by                                                               
purchasing  cameras  and  keeping  their  guns  loaded.  We  need                                                               
somebody to do something, she said.  She stated support for SB 32                                                               
and the repeal of Senate Bill 91.                                                                                               
                                                                                                                                
6:31:07 PM                                                                                                                    
KELLY MARRE,  representing self, Wasilla, asked  the committee to                                                               
keep in mind  as they review SB 32, that  Alaskans want healthier                                                               
and safer communities. She  acknowledged the dissatisfaction with                                                               
Senate  Bill 91  and  asked  the committee  to  remember that  it                                                               
hasn't been  in place long  enough to collect sufficient  data to                                                               
determine  whether it  is  or  is not  successful.  She said  she                                                               
believes that  SB 32  is being  rushed through  without a  lot of                                                               
supporting data  on criminal justice  reform which was  the basis                                                               
for  Senate Bill  91. This  included research  on the  success of                                                               
using   a  therapeutic   approach  to   reduce  recidivism.   She                                                               
highlighted  the  success  of  Wellness  Court  that  focuses  on                                                               
recovery  and  funding  substance  abuse  treatment  and  reentry                                                               
programs.  She warned  that passing  SB 32  as currently  drafted                                                               
will result in an increase  of arrests for minor drug possession.                                                               
This will  be costly but  it won't address the  underlying cause,                                                               
which is  likely a  substance abuse  disorder or  mental illness.                                                               
She  emphasized  the need  for  community-based  support to  help                                                               
these people  make better choices  and become  productive members                                                               
of society. This includes case  management, peer support, support                                                               
of  housing, training,  and employment  assistance. She  asked if                                                               
legislators were  looking at the  evidence that shows  that these                                                               
supports   are   effective.  It   is   also   less  costly   than                                                               
incarceration. She said she understands  there is a drug epidemic                                                               
in  Alaska,   but  these  people   need  help   overcoming  their                                                               
addictions.                                                                                                                     
                                                                                                                                
6:33:36 PM                                                                                                                    
CHAIR SHOWER called an at ease awaiting further testimony.                                                                      
                                                                                                                                
6:45:12 PM                                                                                                                    
CHAIR SHOWER reconvened the meeting.                                                                                            
                                                                                                                                
6:45:21 PM                                                                                                                    
KARA NELSON,  representing self, Juneau, stated  opposition to SB                                                               
[32.]  She related  that as  the former  director of  Haven House                                                               
Juneau, she  has seen  that investing  in people's  lives through                                                               
community  programs and  support  is more  transformative than  a                                                               
more punitive approach.  Alaska was one of 30  states that passed                                                               
criminal  justice reform  because the  old laws  weren't working.                                                               
Repealing  criminal justice  reform now  will do  more harm  than                                                               
good, thus her opposition.                                                                                                      
                                                                                                                                
CHAIR SHOWER asked her to clarify  that she opposed SB 32, not SB
 as she initially stated.                                                                                                     
                                                                                                                                
MS. NELSON confirmed  that her testimony was in  opposition to SB
.                                                                                                                             
                                                                                                                                
6:47:20 PM                                                                                                                    
BOB  SWANSON, representing  self, Juneau,  stated strong  support                                                               
for SB 32.  He understands that drug addicts  need treatment, but                                                               
there  should be  a  consequence  when a  crime  is committed  to                                                               
support that addiction. The problem  with the current law is that                                                               
people  are   not  held  responsible   for  their   actions.  His                                                               
experience in Juneau is that these  people are back on the street                                                               
and reoffending at  a phenomenal rate. He urged  the committee to                                                               
consider  the public's  losses  when  they look  at  the cost  of                                                               
increased  incarceration.  His  family  alone  lost  $30,000.  He                                                               
reiterated  support  for  SB  32   and  having  consequences  for                                                               
criminal behavior.                                                                                                              
                                                                                                                                
6:49:23 PM                                                                                                                    
CHAIR SHOWER called an at ease awaiting additional testimony.                                                                   
                                                                                                                                
6:57:25 PM                                                                                                                    
CHAIR SHOWER reconvened the meeting.                                                                                            
                                                                                                                                
6:57:34 PM                                                                                                                    
LINDA SETTERBERG,  representing self,  Fairbanks, shared  that as                                                               
the parent of a child  with a co-occurring disorder, she believes                                                               
that  Senate Bill  91  should  be given  a  chance  to work.  She                                                               
related that her son has been  in treatment several times and the                                                               
last time he was in a manic  phase of his bipolar disorder he was                                                               
incarcerated and  falsely charged with  a felony DUI. He  spent a                                                               
lot of  time in jail and  he was not guilty.  She emphasized that                                                               
people  who are  suffering from  an  addiction or  have a  mental                                                               
disorder need help, not jail time.                                                                                              
                                                                                                                                
6:59:25 PM                                                                                                                    
LAURA MCGINNIS,  representing self, Kenai, stated  strong support                                                               
for SB 32.  She said she understands the heart  of Senate Bill 91                                                               
but  it  had  far-reaching  consequences   that  were  not  fully                                                               
understood. SB 32  solves that problem. She  related that because                                                               
of the  existing law, her son  has not been held  accountable for                                                               
any of  his actions despite having  two DUIs. He and  others like                                                               
him will  never understand they  need help with  their addictions                                                               
until there  are consequences and accountability  for the choices                                                               
they make. She  acknowledged that mental health  disorders are an                                                               
entirely  separate  problem than  making  a  conscious choice  to                                                               
break the law, whether or not it is addiction motivated.                                                                        
                                                                                                                                
7:00:58 PM                                                                                                                    
KIMBERLY CLARKTHERY,  representing self, Anchor  Point, testified                                                               
in support of  SB 32. She related that the  only thing that saved                                                               
an addicted  family member was  "doing hard jail time."  The slap                                                               
on the wrist didn't work. These people need to be behind bars                                                                   
where they'll have a chance to get clean, she said.                                                                             
                                                                                                                                
CHAIR SHOWER closed public testimony on SB 32 and advised that                                                                  
written       comments        could       be        sent       to                                                               
senate.state.affairs.akleg.gov.