Legislature(2019 - 2020)GRUENBERG 120

03/27/2019 01:00 PM JUDICIARY

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Audio Topic
01:03:16 PM Start
01:03:58 PM Presentation: Alaska Recidivism & Reentry by Laura Brooks, Deputy Director, Health & Rehabilitative Services, Department of Corrections
01:52:49 PM Presentation: Alaska Doc Sanctions & Incentives by Michael Matthews, Research Analyst, Research & Records, Department of Corrections
02:18:16 PM HB12
02:56:43 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentations: TELECONFERENCED
- Alaska Recidivism & Reentry by Laura Brooks,
Deputy Director, Health & Rehabilitation
Services, Dept. of Corrections
- Alaska DOC Sanctions & Incentives by Michael
Matthews, Research Analyst, Research & Records,
Dept. of Corrections
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
Moved CSHB 12(JUD) Out of Committee
Scheduled but Not Heard
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 27, 2019                                                                                         
                           1:03 p.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Representative Matt Claman, Chair                                                                                               
Representative Gabrielle LeDoux, Vice Chair                                                                                     
Representative Chuck Kopp                                                                                                       
Representative Adam Wool                                                                                                        
Representative Laddie Shaw                                                                                                      
Representative David Eastman                                                                                                    
MEMBERS ABSENT                                                                                                                
Representative Louise Stutes                                                                                                    
COMMITTEE CALENDAR                                                                                                            
PRESENTATION:  ALASKA  RECIDIVISM  &  REENTRY  BY  LAURA  BROOKS~                                                               
DEPUTY DIRECTOR~ HEALTH &  REHABILITATIVE SERVICES~ DEPARTMENT OF                                                               
     - HEARD                                                                                                                    
PRESENTATION:  ALASKA  DOC  SANCTIONS  &  INCENTIVES  BY  MICHAEL                                                               
MATTHEWS~  RESEARCH ANALYST~  RESEARCH &  RECORDS~ DEPARTMENT  OF                                                               
     - HEARD                                                                                                                    
HOUSE BILL NO. 12                                                                                                               
"An Act relating to protective orders."                                                                                         
     - MOVED CSHB 12(JUD) OUT OF COMMITTEE                                                                                      
HOUSE BILL NO. 49                                                                                                               
"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."                                                                                               
     - SCHEDULED BUT NOT HEARD                                                                                                  
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB  12                                                                                                                  
SHORT TITLE: PROTECTIVE ORDERS                                                                                                  
SPONSOR(s): REPRESENTATIVE(s) KOPP                                                                                              
02/20/19       (H)       PREFILE RELEASED 1/7/19                                                                                
02/20/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/20/19       (H)       STA, JUD                                                                                               
02/28/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/28/19       (H)       Heard & Held                                                                                           
02/28/19       (H)       MINUTE(STA)                                                                                            
03/07/19       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/07/19       (H)       Moved CSHB 12(STA) Out of Committee                                                                    
03/07/19       (H)       MINUTE(STA)                                                                                            
03/08/19       (H)       STA RPT CS(STA) 7DP                                                                                    
03/08/19       (H)       DP: VANCE, LEDOUX, WOOL, SHAW, STORY,                                                                  
                         FIELDS, KREISS-TOMKINS                                                                                 
03/18/19       (H)       JUD AT 1:30 PM GRUENBERG 120                                                                           
03/18/19       (H)       Heard & Held                                                                                           
03/18/19       (H)       MINUTE(JUD)                                                                                            
03/27/19       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
WITNESS REGISTER                                                                                                              
LAURA BROOKS, Deputy Director                                                                                                   
Health & Rehabilitation Services                                                                                                
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented on Alaska recidivism and reentry.                                                              
MICHAEL MATTHEWS, Research Analyst                                                                                              
Division of Administrative Services                                                                                             
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented on Department of Corrections                                                                   
sanctions and incentives.                                                                                                       
KELLY GOODE, Deputy Commissioner                                                                                                
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered committee questions during the                                                                  
presentation on sanctions and incentives.                                                                                       
KEN TRUITT, Staff                                                                                                               
Representative Chuck Kopp                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
NANCY MEADE, General Counsel                                                                                                    
Alaska Court System                                                                                                             
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions  during the hearing on HB
ACTION NARRATIVE                                                                                                              
1:03:16 PM                                                                                                                    
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  to order  at 1:03  p.m.     Representatives Wool,  Kopp,                                                               
Eastman,  Shaw,  Claman  were  present  at  the  call  to  order.                                                               
Representative LeDoux arrived as the meeting was in progress.                                                                   
^Presentation:  Alaska  Recidivism  & Reentry  by  Laura  Brooks,                                                               
Deputy Director, Health &  Rehabilitative Services, Department of                                                               
   Presentation: Alaska Recidivism & Reentry by Laura Brooks,                                                               
Deputy Director, Health & Rehabilitative Services, Department of                                                            
1:03:58 PM                                                                                                                    
CHAIR CLAMAN announced that the  first order of business would be                                                               
a presentation by Laura Brooks on Alaska Recidivism & Reentry.                                                                  
1:04:53 PM                                                                                                                    
LAURA BROOKS, Deputy Director,  Health & Rehabilitation Services,                                                               
Department  of  Corrections,  began her  PowerPoint  presentation                                                               
[hard  copy provided  in the  committee packet].   She  addressed                                                               
slide 2,  titled "DOC at  a Glance."  She  said Alaska is  one of                                                               
six   states  that   operates  a   unified  correctional   system                                                               
encompassing both  prisons and  jails.  She  noted that  some DOC                                                               
facilities function  both as jails  and prisons, which is  to say                                                               
they  house both  sentenced and  unsentenced/pre-trial offenders.                                                               
She said  DOC operates  12 jails/prisons  and 13  field probation                                                               
offices  in addition  to overseeing  15 regional/community  jails                                                               
and  7 contract  community residential  centers (CRCs),  known as                                                               
"halfway   houses."     She  also   mentioned  DOC's   electronic                                                               
monitoring program.                                                                                                             
MS.  BROOKS addressed  slide 3,  also titled  "DOC at  a Glance."                                                               
She said DOC booked approximately  20,000 unique individuals into                                                               
its facilities  in 2018, resulting in  approximately 31,000 total                                                               
bookings.    She  shared  that,  as of  December  31,  2018,  DOC                                                               
oversees 4,437 offenders  in jail or prison, 69  percent of which                                                               
are felons and 45 percent of  which are unsentenced.  She pointed                                                               
to  statistics indicating  that DOC  oversees 3,547  offenders on                                                               
probation or  parole, 967 offenders on  pretrial supervision, 230                                                               
offenders in CRCs, and 167 offenders on electronic monitoring.                                                                  
MS.  BROOKS  addressed slide  4,  titled  "Demographics (July  1,                                                               
2018),"  which featured  pie graphs  measuring DOC  population by                                                               
gender  and  by  age.    She  said  about  90  percent  of  DOC's                                                               
population  is male,  which  is typical  when  compared to  other                                                               
states.    She noted  that  DOC's  fastest-growing population  is                                                               
individuals 50 years-of-age and  over; they make up approximately                                                               
20  percent of  the total  population.   She added  that DOC  has                                                               
faced significant  challenges related  to an  increasing juvenile                                                               
1:07:22 PM                                                                                                                    
MS. BROOKS addressed slide 5,  titled "Recidivism."  She said the                                                               
statutory  definition  of  "recidivism"  includes  not  just  new                                                               
crimes  but also  probation/parole violations.   She  established                                                               
that a  recidivist is  a felon  who returns to  DOC custody  on a                                                               
felony   conviction,   misdemeanor   conviction,   or   probation                                                               
MS. BROOKS  addressed slide 6, titled  "Alaska Recidivism Rates,"                                                               
which  featured  a  line  graph  measuring  recidivism  rates  by                                                               
calendar year.   She explained  that recidivism data  is gathered                                                               
so  as  to  cover  the  three  years  following  an  individual's                                                               
release; she said  this is the national  standard for calculating                                                               
recidivism rates.   She  reported that  recidivism in  Alaska has                                                               
been trending  downward [to 61.33  percent for those  released in                                                               
2015].   She  attributed  the  decrease to  a  number of  factors                                                               
including an  aggressive shift in recent  years to evidence-based                                                               
practices  and  assessment  tools.    She  detailed  the  process                                                               
through which  DOC identifies  moderate- and  high-risk offenders                                                               
who require more  attention and resources.  She  spoke to reentry                                                               
programs  that have  developed over  the past  dozen years.   She                                                               
also  discussed community  partnerships enabling  DOC to  oversee                                                               
"warm handoffs"  so that releasees receive  assistance in finding                                                               
employment and housing.   She noted that a study  of 30 states by                                                               
the  United  States Department  of  Justice's  Bureau of  Justice                                                               
Statistics established  a national recidivism rate  of about two-                                                               
thirds.    She  said  this  means  Alaska's  recidivism  rate  is                                                               
significantly below the national level.                                                                                         
1:10:15 PM                                                                                                                    
REPRESENTATIVE  WOOL,  referencing  the   graph,  noted  a  steep                                                               
decline  beginning in  calendar  year  2013.   He  asked if  this                                                               
accounted for individuals released in 2016.                                                                                     
MS. BROOKS  said the  population to which  he refers  consists of                                                               
those released  in calendar  year 2013.   The  data by  which the                                                               
population's recidivism rate is measured was gathered in 2016.                                                                  
CHAIR CLAMAN said it helps to  annotate the x-axis to account for                                                               
the timespan.   For example, he said, he amends  "CY2015" to read                                                               
"CY2015-2018" so  that he remembers it  reflects the post-release                                                               
conduct of those released in 2015.                                                                                              
1:11:12 PM                                                                                                                    
REPRESENTATIVE WOOL  asked if Ms. Brooks  has any idea as  to the                                                               
causality of the drop beginning in 2013.                                                                                        
MS. BROOKS  said she cannot speak  to true causality.   She noted                                                               
that  there  was   a  major  overhaul  in   DOC  programming  and                                                               
facilities starting  in 2013 and  2014.   She said it  was during                                                               
this time  that the department started  looking at evidence-based                                                               
practices and revised curricula.                                                                                                
1:12:19 PM                                                                                                                    
REPRESENTATIVE EASTMAN  asked if she could  provide the committee                                                               
with  raw recidivism  numbers [as  opposed to  percentages].   He                                                               
suggested that  recidivism rates could be  decreasing because, in                                                               
a time  of higher crime rates,  criminals have a lower  chance of                                                               
being caught in a larger pool of criminals.                                                                                     
MS. BROOKS  said that is not  something DOC has researched.   She                                                               
said it is not something she can speak to.                                                                                      
1:13:17 PM                                                                                                                    
REPRESENTATIVE EASTMAN  asked if there is  any anecdotal evidence                                                               
regarding  what  happens to  inmates  once  released?   He  asked                                                               
whether  DOC knows  if "they're  going straight"  or if  "they're                                                               
leaving town."                                                                                                                  
MS.  BROOKS asked  for  clarification and  whether  he is  asking                                                               
about reentry planning.                                                                                                         
REPRESENTATIVE EASTMAN  rephrased his  question by asking  if DOC                                                               
knows what happens to releasees after they leave custody.                                                                       
MS.  BROOKS said  that depends.   She  noted that  only about  25                                                               
percent  of those  released from  custody end  up "on  paper" via                                                               
probation and parole.   She said DOC "[makes]  referrals" for the                                                               
other 75 percent of releasees  but does not have someone assigned                                                               
to follow those individuals.                                                                                                    
1:14:46 PM                                                                                                                    
CHAIR  CLAMAN asked  for clarification  regarding the  75 percent                                                               
figure.  He asked if  those individuals released not on probation                                                               
or parole include misdemeanor convicts, or just felons.                                                                         
MS.  BROOKS  answered  she believes  that  figure  includes  both                                                               
felons and the  misdemeanor population but would  have to double-                                                               
CHAIR  CLAMAN  asked for  verification  that  recidivism data  is                                                               
limited to  those released on  felonies.   He noted that  this is                                                               
both practical and stipulated by statute.                                                                                       
MS. BROOKS  answered that is  correct.  She said  the misdemeanor                                                               
population is  in DOC custody  for a  very short period  of time,                                                               
which makes data collection difficult.                                                                                          
1:15:57 PM                                                                                                                    
MS. BROOKS  addressed slide  7, titled  "Recidivism -  By Offense                                                               
Type," which  featured two  pie graphs.   One graph  measured the                                                               
reasons  for reincarceration  within six  months while  the other                                                               
measured  reasons for  reincarceration within  three years.   Ms.                                                               
Brooks  said approximately  58  percent of  those  who return  to                                                               
custody  within six  months and  46 percent  of those  who return                                                               
within three  years are  reincarcerated for  technical violations                                                               
of  probation or  parole.   She  said the  most common  probation                                                               
violations  within six  months  are alcohol  use,  drug use,  and                                                               
failure to report.  She noted  that those not accustomed to being                                                               
on  probation  or parole  are  more  likely to  commit  technical                                                               
violations.  She spoke to  the importance of identifying signs of                                                               
unwanted behavior so  that controls can be tightened    which may                                                               
include reincarceration  - before it leads  to a new crime  and a                                                               
new victim.                                                                                                                     
MS. BROOKS addressed  slide 8, titled "Recidivism  - New Crimes,"                                                               
which featured  a line graph  measuring the  recidivism excluding                                                               
probation/parole violations.   She  noted that  there is  still a                                                               
downward trend  of recidivism even when  probation violations are                                                               
removed from  the sample.   She  added that  probation violations                                                               
are down about 15 percent over the  last four years.  She said 32                                                               
percent of  recidivism occurs  because of  the commission  of new                                                               
crimes,  which includes  both  felony  and misdemeanor  offenses.                                                               
She  reported that  this is  down 8  percent over  the past  four                                                               
1:17:47 PM                                                                                                                    
REPRESENTATIVE KOPP,  after receiving confirmation that  the 2015                                                               
data  point includes  data through  2018, asked  if there  is any                                                               
reason to believe the trend is continuing.                                                                                      
MS.  BROOKS responded  that  DOC is  continuing  to improve  year                                                               
after year.  She said DOC  makes arrangements to ensure the trend                                                               
1:18:32 PM                                                                                                                    
CHAIR CLAMAN  noted that the graph  on slide 6 included  a longer                                                               
timespan than  the graph on slide  8.  He asked  whether a longer                                                               
range  of years  for the  graph on  slide 8  would offer  any new                                                               
MS.  BROOKS  said  DOC  could  run the  numbers  and  submit  the                                                               
requested graph to the committee.                                                                                               
CHAIR CLAMAN  requested that all  the graphs be extended  to show                                                               
trend lines beginning in calendar year 2006.                                                                                    
1:19:21 PM                                                                                                                    
REPRESENTATIVE WOOL mused that the  recidivism statistic covers a                                                               
broad  spectrum   of  acts  that  include   relatively  innocuous                                                               
technical violations  such as drinking in  a bar.  He  said it is                                                               
unfortunate   the   much-discussed  recidivism   rate   statistic                                                               
includes  probation/parole  violations.   He  noted  that he  has                                                               
advocated  for less  restrictive probation/parole  conditions and                                                               
that adjusting those conditions could  lead to a lower recidivism                                                               
1:20:31 PM                                                                                                                    
REPRESENTATIVE  LEDOUX asked  if everybody  who leaves  prison on                                                               
parole or  probation, regardless  of offense, is  prohibited from                                                               
drinking alcohol.                                                                                                               
MS. BROOKS  said it is a  decision of the court  or parole board.                                                               
She said she  is unsure of the formula used  to levy restrictions                                                               
on probationers and parolees.                                                                                                   
CHAIR  CLAMAN noted  that  the standard  condition  of parole  is                                                               
"obey all  laws."  He  said a substance restriction  is typically                                                               
added if drugs  or alcohol are likely to have  been involved with                                                               
the original offense.                                                                                                           
MS. BROOKS  said that is correct.   She noted that  80 percent of                                                               
DOC's inmate  population have drug  or alcohol issues.   She said                                                               
an alcohol restriction is a common requirement.                                                                                 
1:21:58 PM                                                                                                                    
MS. BROOKS  addressed slide 9, titled  "Felony Recidivism," which                                                               
featured  a  line  graph measuring  the  percentage  of  released                                                               
felons  returning  to custody  for  a  felony.   She  reported  a                                                               
decrease  in felony  recidivism  from 25.59  percent  in 2011  to                                                               
20.42 percent in 2015.                                                                                                          
MS.  BROOKS addressed  slide 10,  titled  "Recidivism by  Offense                                                               
Class,"  which featured  a table  comparing  recidivism rates  by                                                               
offense class  from 2013  through 2015.   She said  recidivism is                                                               
down in all  categories except for offenses against  a person and                                                               
weapons  offenses.   She  pointed to  a  category called  "PUBLIC                                                               
ORDER/ADMIN"  and  said  it  includes  refusal  of  a  DNA  test,                                                               
hindering the prosecution, and similar  offenses.  She noted that                                                               
"DRIVING/TRANSPORT"  and "ALCOHOL"  are separated  on the  table,                                                               
and that  driving under  the influence (DUI)  is included  in the                                                               
alcohol  category.   She  said  the  driving category  refers  to                                                               
things  like   reckless  driving,  vehicular   manslaughter,  and                                                               
driving without a license.                                                                                                      
1:23:31 PM                                                                                                                    
REPRESENTATIVE EASTMAN  asked to  what Ms. Brooks  attributes the                                                               
disparity in recidivism trends between certain offense classes.                                                                 
MS.   BROOKS   said  it   is   difficult   to  determine   causal                                                               
relationships with  this type of  data and that more  study would                                                               
be  required  to answer  the  question.   She  referenced  recent                                                               
changes to  programs aimed  at sex  offenders and  suggested that                                                               
those changes may have contributed  to the decrease in recidivism                                                               
for that category.   She described the process  through which DOC                                                               
identifies higher-risk offenders on whom to focus resources.                                                                    
1:25:12 PM                                                                                                                    
MS. BROOKS addressed slide 11,  titled "Recidivism by Release and                                                               
Return  Offense  Class," which  featured  a  table measuring  the                                                               
original crimes and  returned offenses of recidivists.   She said                                                               
the data  indicates that when  individuals recidivate,  they tend                                                               
to do so  within the same offense class.   For example, she said,                                                               
individuals  released after  committing alcohol  crimes are  much                                                               
more likely  to return  for an  alcohol-related offense  than any                                                               
other category of  offense.  She noted that the  same applies for                                                               
those who commit property crimes.                                                                                               
MS.  BROOKS  addressed  slide  12,  titled  "Recidivism  by  Risk                                                               
Level,"  which   featured  both  a  table   and  graph  measuring                                                               
recidivism by risk  assessment.  She said  that those individuals                                                               
found to be  higher-risk recidivate at a higher rate.   She noted                                                               
that  the data  includes probation  and parole  violations.   She                                                               
said DOC places higher controls  on higher-risk individuals.  She                                                               
restated the  importance of interceding via  probation violations                                                               
with medium- and maximum-risk offenders  before the occurrence of                                                               
new crimes and new victims.                                                                                                     
1:27:03 PM                                                                                                                    
MS.  BROOKS addressed  slide  13, titled  "When  Are People  Most                                                               
Likely to  Return?", which featured a  table measuring recidivism                                                               
rates by  time since  release from  2011 to 2015.   She  said the                                                               
highest  risk of  recidivism is  within the  first six  months of                                                               
release, with 25 percent of  releasees reincarcerated during that                                                               
timespan.   She  said if  an individual  is going  to recidivate,                                                               
he/she is far more likely to do  so within the first 12 months of                                                               
release.   She said this data  drives the focus of  DOC's reentry                                                               
efforts on services for new and recent releasees.                                                                               
MS. BROOKS addressed slide 14,  titled "Long-Term Returns," which                                                               
featured  a  graph  measuring recidivism  rates  by  years  since                                                               
release.   She  said that  the  likelihood of  returning to  jail                                                               
decreases  over time.    She said  the  frequency of  anti-social                                                               
behavior  decreases  over  time  as  individuals  stabilize,  get                                                               
treatment, and learn how to  conform behaviors to avoid technical                                                               
violations.  She said DOC cannot  attribute this trend to any one                                                               
reason  but noted  that less  than  6 percent  of its  population                                                               
returned between years 6 and 10 of release.                                                                                     
MS. BROOKS addressed slide 15,  titled "Reentry & Public Safety."                                                               
She  said   the  current   administration  has   made  recidivism                                                               
reduction  a  priority  and  sees  it as  an  important  part  of                                                               
addressing  public  safety issues.    She  said there  are  three                                                               
principles  to   effective  intervention.    The   first  is  the                                                               
identification   of  individuals   at   the   greatest  risk   of                                                               
reoffending.  The  second is the targeting  of these individuals'                                                               
criminogenic needs.  The third is  the tailoring of a plan to fit                                                               
each offender.                                                                                                                  
1:29:41 PM                                                                                                                    
MS. BROOKS addressed slide 16,  titled "A Plan to Address Needs."                                                               
She  explained that  DOC's reentry  plan  begins upon  admission.                                                               
She  described how  DOC assesses  an inmate's  criminogenic needs                                                               
throughout his/her  incarceration so that  a plan can  be enacted                                                               
upon  release.    She  listed   the  dynamic  criminogenic  needs                                                               
assessed by DOC  that, when addressed, can  reduce the likelihood                                                               
of      recidivism.           These      include      anti-social                                                               
values/belief/cognition, risky  behavior, anti-social companions,                                                               
anti-social personality or  temperament, anger management issues,                                                               
family   and/or  marital   conflicts,  substance   abuse  issues,                                                               
employment  skills,   education  opportunities,   and  pro-social                                                               
leisure/recreation.   She said that,  once DOC has  identified an                                                               
inmate's  criminogenic  needs,  it   can  create  a  personalized                                                               
Offender  Management Plan  (OMP).    She described  an  OMP as  a                                                               
roadmap  to determine  how to  approach  individuals in  custody.                                                               
She said an OMP document changes  over time as the offender moves                                                               
through  programs  in  the   system  and  experiences  behavioral                                                               
changes.   She said  the OMP  is updated  90 days  before release                                                               
with an eye to transitioning the  inmate into the community.  She                                                               
noted that an OMP follows an  inmate into probation and parole so                                                               
that an  offender's needs  remain addressed  after release.   She                                                               
described  DOC   efforts  to   develop  community   supports  for                                                               
releasees not supervised by probation or parole officers.                                                                       
1:33:40 PM                                                                                                                    
MS. BROOKS  addressed slide 17, titled  "Reentry & Rehabilitative                                                               
Programs,"  which featured  an exhaustive  list of  DOC programs.                                                               
She said  all of  DOC's programs  are aligned  on the  same basic                                                               
premise: evidence-based  practices help  reduce recidivism.   She                                                               
noted that reentry  classes help inmates form a plan  for what to                                                               
do once  they "hit  the streets."   She  said these  classes help                                                               
inmates  identify key  needs  such  as obtaining  identification,                                                               
healthcare, and employment.  She  described how faith communities                                                               
and  mentoring  programs help  connect  inmates  to safe,  sober,                                                               
social supports  in the community.   She noted that  DOC's mental                                                               
health population is  among its most vulnerable.   She said about                                                               
65 percent  of DOC's  population have  a mental  health diagnosis                                                               
and  that  these  individuals  are  nearly  twice  as  likely  to                                                               
recidivate.   She spoke  to the  help offered  to them  by mental                                                               
health  clinicians  both  in  custody   and  in  preparation  for                                                               
reentry.  She  mentioned sex offender treatment  programs both in                                                               
custody  and  post-release  within   various  communities.    She                                                               
described  a relatively  new  telehealth  treatment program  that                                                               
allows sex  offenders to remain  in their communities  instead of                                                               
requiring them  to travel  to a  larger community  like Anchorage                                                               
for  treatment.     She  spoke  to   substance  abuse  programing                                                               
available to  inmates and those  within CRCs.  She  described the                                                               
work done by DOC's medical  social workers to address individuals                                                               
with  significant medical  needs who  will need  to navigate  the                                                               
medical system  upon reentry.  She  addressed medication-assisted                                                               
treatment and  a program that  makes the drug  Vivitrol available                                                               
to offenders upon release.                                                                                                      
1:38:00 PM                                                                                                                    
REPRESENTATIVE EASTMAN  asked how Alaska's  current incarceration                                                               
rates compare to other states.                                                                                                  
MS. BROOKS said  she does not have that information  with her but                                                               
would get back to the committee with it.                                                                                        
REPRESENTATIVE  EASTMAN referenced  the table  on slide  11.   He                                                               
asked whether  the data represented  under "returned  offense" is                                                               
based on arrests, charges, or convictions.                                                                                      
MS. BROOKS replied that it reflects convictions.                                                                                
CHAIR CLAMAN noted that a  probation or parole violation does not                                                               
require a conviction, rather a  finding that a violation that has                                                               
MS. BROOKS  confirmed this.   She clarified that  those violators                                                               
serve a sentence "on that probation violation."                                                                                 
1:39:06 PM                                                                                                                    
REPRESENTATIVE EASTMAN noted that  recidivism rates are comprised                                                               
mostly of probation/parole violations  rather than the commission                                                               
of new crimes.  He asked  whether this could be attributed to the                                                               
fact that it is easier to  identify a violation than to prosecute                                                               
a new crime.  He suggested  that some recidivists may have indeed                                                               
committed new  crimes, but those  crimes would not appear  in the                                                               
data because it was easier to incarcerate them on violations.                                                                   
CHAIR CLAMAN  noted that it  has been established that  the rates                                                               
of probation/parole violations have  been decreasing for a number                                                               
of years.                                                                                                                       
MS. BROOKS  confirmed this.   She said  DOC is seeing  a downward                                                               
trend  in  probation  violations.   To  Representative  Eastman's                                                               
question, she  said she cannot  speak to the  prosecution process                                                               
for  violations.    She  said  that is  a  question  for  another                                                               
1:40:57 PM                                                                                                                    
REPRESENTATIVE KOPP clarified that  an offender can have multiple                                                               
technical  violations.   He listed  various  examples of  conduct                                                               
that could  result in a violation.   He said evidence  shows that                                                               
the longer a  person is on probation, the more  likely it is that                                                               
he/she gets "caught  up" in a rule violation as  opposed to a new                                                               
MS. BROOKS confirmed this.  She  noted that the table on slide 11                                                               
considers the  most severe  issue involving  a re-offender.   She                                                               
clarified that  when an individual  recidivates on  two technical                                                               
violations  and   a  new  misdemeanor   crime,  that   person  is                                                               
represented in the table as a misdemeanor violator.                                                                             
1:42:21 PM                                                                                                                    
REPRESENTATIVE   KOPP  asked   about   DOC's  partnerships   with                                                               
nonprofits and  tribal entities with  regard to  reentry programs                                                               
such as transitional housing, job training, and job placement.                                                                  
MS. BROOKS said DOC has expanded  options over recent years.  She                                                               
said  the  opportunities   generated  through  partnerships  vary                                                               
community to  community based on  available resources.   She said                                                               
DOC understandably  has more varied  partners in Anchorage.   She                                                               
noted that some smaller communities  come together in unique ways                                                               
to address the  needs of their returning citizens.   She said DOC                                                               
is always reaching out for new  partnerships.  She added that DOC                                                               
recently  hired a  new reentry  coordinator  focused entirely  on                                                               
this topic.   She noted that probation  officers and correctional                                                               
superintendents spend every day attempting  to find the best ways                                                               
to facilitate warm handoffs                                                                                                     
1:44:30 PM                                                                                                                    
REPRESENTATIVE LEDOUX asked about the history of warm handoffs.                                                                 
MS. BROOKS  said warm  handoffs have been  happening in  some DOC                                                               
programs  for "a  long  time."   As an  example,  she pointed  to                                                               
decades of  work by clinicians  to help reintegrate  DOC's mental                                                               
health population.   She mentioned  DOC's sex  offender treatment                                                               
programs and  noted that the goal  is to ensure offenders  have a                                                               
safety  net upon  return to  their  communities.   She said  that                                                               
safety  net includes  clergy,  community  elders, Village  Public                                                               
Safety  Officers (VPSOs),  and others  specially trained  to deal                                                               
with released offenders.  She  connected the mission of probation                                                               
officers to  the idea behind  a warm handoff.   She said  DOC has                                                               
honed its focus  on effective reentry in the last  seven or eight                                                               
REPRESENTATIVE  LEDOUX  recalled  a conversation  with  a  person                                                               
involved  in   a  nonprofit  organization  focused   on  prisoner                                                               
reentry.  She said this person  told her that prisoners are often                                                               
released with  little money  and no  place to go.   She  asked if                                                               
that person was giving her incorrect information.                                                                               
MS. BROOKS explained that it is  not feasible for DOC to ensure a                                                               
warm handoff  for every  releasee.  She  noted that  DOC oversees                                                               
over  17,000 releases  every year.   She  added that  some people                                                               
cycle  through  the system  so  quickly  that  DOC is  unable  to                                                               
provide them with  a thorough release plan, and  that some people                                                               
who are offered a release plan elect not to take it.                                                                            
REPRESENTATIVE LEDOUX  asked what  percentage of  people released                                                               
from prison get a warm handoff.                                                                                                 
MS. BROOKS said that is not something DOC tracks.                                                                               
CHAIR  CLAMAN said  the committee  could reach  out to  [Partners                                                               
Reentry Center] for  information about its programs  and how many                                                               
people it serves.                                                                                                               
REPRESENTATIVE LEDOUX said she would like to hear that.                                                                         
REPRESENTATIVE  EASTMAN   said  he   would  like  to   know  what                                                               
percentage  of  people   who  receive  a  warm   handoff  end  up                                                               
reentering the system.                                                                                                          
1:48:27 PM                                                                                                                    
REPRESENTATIVE EASTMAN  asked Ms. Brooks about  the postsecondary                                                               
education opportunities available  to inmates.  He  asked if they                                                               
are free.                                                                                                                       
MS. BROOKS  said the education  opportunities vary  from facility                                                               
to facility.  She cited the  GED program, options for obtaining a                                                               
high school  diploma, and opportunities to  take college classes.                                                               
She said she  does not think there  is a charge but  noted she is                                                               
not  absolutely  certain.   She  mentioned  DOC's numerous  trade                                                               
training and  apprenticeship programs.   She said  DOC recognizes                                                               
it is  important for  individuals to have  a skill  and education                                                               
when they are released.                                                                                                         
REPRESENTATIVE EASTMAN  asked about the process  through which it                                                               
is determined  in which facility  an inmate  will be housed.   He                                                               
acknowledged  the positives  of  keeping inmates  close to  their                                                               
community  and  family  members.    He noted  that  it  could  be                                                               
ineffective  to send  a recidivist  back to  a facility  in which                                                               
he/she was previously housed.                                                                                                   
MS. BROOKS  said DOC has  a classification unit that  considers a                                                               
host  of elements  to  determine  placement.   She  noted that  a                                                               
unified corrections system will  have certain facilities that are                                                               
pretrial  jails, like  Fairbanks Correctional  Center.   She said                                                               
that once an  offender is sentenced, he/she  could be transferred                                                               
to a larger  prison or, if his/her sentence  is relatively short,                                                               
could remain  at a facility  like Fairbanks  Correctional Center.                                                               
She noted  that an  inmate's security level  can also  impact the                                                               
decision regarding where he/she is  incarcerated.  She said there                                                               
are many variables in the classification process.                                                                               
1:52:21 PM                                                                                                                    
REPRESENTATIVE KOPP  addressed the  topic of  warm handoffs.   He                                                               
noted that  those who are  provided with reentry services  have a                                                               
lower recidivism rate.                                                                                                          
^Presentation:  Alaska  DOC  Sanctions &  Incentives  by  Michael                                                               
Matthews,  Research Analyst,  Research &  Records, Department  of                                                               
   Presentation: Alaska DOC Sanctions & Incentives by Michael                                                               
 Matthews, Research Analyst, Research & Records, Department of                                                              
1:52:49 PM                                                                                                                    
CHAIR CLAMAN announced  that the next order of  business would be                                                               
a second presentation by DOC.                                                                                                   
1:53:11 PM                                                                                                                    
MICHAEL MATTHEWS,  Senior Research  Analyst, Research  & Records,                                                               
Department    of   Corrections,    introduced   his    PowerPoint                                                               
presentation  [hard copy  included in  the committee  packet] and                                                               
said he  would be discussing  the recently-implemented  system of                                                               
sanctions and incentives.                                                                                                       
1:53:47 PM                                                                                                                    
MR. MATTHEWS addressed slide 2,  titled "Understanding the Data."                                                               
He noted that  the data to be  presented is new and  that DOC has                                                               
only been collecting it  for about a year.  He  said the data has                                                               
not yet  been thoroughly analyzed.   He pointed out that  he is a                                                               
research analyst and not a practitioner or policymaker.                                                                         
MR. MATTHEWS addressed  slide 3, titled "Sanctions."   He defined                                                               
sanctions  as  actions by  a  probation  officer in  response  to                                                               
negative  behavior  by  an   offender,  including  violations  of                                                               
supervision  conditions, which  the  probation  officer wants  to                                                               
stop  or discourage.    He  said from  January  1, 2017,  through                                                               
February  5, 2019,  DOC counted  21,403 sanction  reports, 21,804                                                               
sanctions imposed,  and 4,917  people sanctioned.   He  said that                                                               
amounts to about 4.4 sanctions per person.                                                                                      
1:54:53 PM                                                                                                                    
MR. MATTHEWS  addressed slide 4,  also titled  "Sanctions," which                                                               
featured a  table listing the  types of sanctions and  the number                                                               
of times each was imposed.   He said the most common sanction was                                                               
a petition to revoke probation or parole (PTR).                                                                                 
CHAIR CLAMAN explained  for the committee that a  PVR [also found                                                               
on the table] is a probation or parole violation report.                                                                        
MR. MATTHEWS confirmed this.  He  said the sanctions range from a                                                               
written warning to actual reincarceration.                                                                                      
1:55:42 PM                                                                                                                    
MR.  MATTHEWS  addressed  slide 5,  titled  "Undesired  Behaviors                                                               
Resulting  in Sanctions,"  which featured  a pie  graph measuring                                                               
the frequencies  of undesired  behaviors resulting  in sanctions.                                                               
He said the  most common are drug-  and alcohol-related behavior.                                                               
He clarified that the pie graph  is his attempt at a distillation                                                               
of  a wider  spectrum of  undesired behaviors.   For  example, he                                                               
said,  the  "drug/alcohol"  category  is  comprised  of  positive                                                               
urinalysis  tests, possession  of drug  paraphernalia, and  other                                                               
related conduct.                                                                                                                
1:56:39 PM                                                                                                                    
CHAIR  CLAMAN, referring  to the  graph, asked,  "What is  a PACE                                                               
MR. MATTHEWS said,  "PACE is a swift and certain  violation."  He                                                               
said someone with undesirable behavior is quickly incarcerated.                                                                 
CHAIR CLAMAN asked  if PACE refers to a specific  group of people                                                               
on probation/parole that is more intensely supervised.                                                                          
MR. MATTHEWS remarked  that it is a type of  supervision but said                                                               
he does not know if it is more intense or not.                                                                                  
CHAIR  CLAMAN noted  that another  speaker later  in the  meeting                                                               
will be able to answer questions about PACE.                                                                                    
1:57:50 PM                                                                                                                    
MR. MATTHEWS addressed slide 6,  titled "Incentives."  He defined                                                               
incentives as responses to positive,  prosocial behavior that the                                                               
probation  officer wants  to reinforce.   He  said verbal  praise                                                               
makes up about 90 percent of  all incentives.  He stipulated that                                                               
this is  new data and,  after conversing with field  officers, he                                                               
believes  it is  possible it  could be  underreported.   He noted                                                               
that a lot of the incentives listed  on slide 6 are ones that DOC                                                               
cannot pay  for.  He said  it would be fantastic  if someone were                                                               
to donate things like movie tickets or food coupons.                                                                            
REPRESENTATIVE  LEDOUX asked  if  DOC has  any partnerships  with                                                               
private   and/or  nonprofit   organizations   to  provide   those                                                               
MR. MATTHEWS answered he does not know.                                                                                         
CHAIR CLAMAN  said that  question will be  answered later  in the                                                               
1:59:32 PM                                                                                                                    
MR. MATTHEWS addressed slide 7,  titled "Earned Compliance Credit                                                               
(ECC)."  He explained how ECC  works and that, for every month of                                                               
positive  behavior   while  on  probation/parole,  30   days  are                                                               
deducted from  supervision.  He  noted that once ECC  is awarded,                                                               
it remains  even if subsequent  undesired behavior  is exhibited.                                                               
He said that, from its inception  on January 1, 2017, to March 2,                                                               
2019,  9,500 probationers  and parolees  have  been eligible  for                                                               
ECC.   He added that, of  those eligible, 7,823 were  awarded ECC                                                               
at least once.                                                                                                                  
REPRESENTATIVE WOOL  asked for some additional  information about                                                               
how ECC is doled out.                                                                                                           
MR.  MATTHEWS said  it is  possible for  individuals to  earn ECC                                                               
beyond what  is reflected  on slide  7.  He  noted that  the "ECC                                                               
earned" category on slide 6 reflects additional ECC awarded.                                                                    
CHAIR CLAMAN remarked  that ECC was part of  the criminal justice                                                               
reform bills passed  by recent legislatures.  He  noted that some                                                               
of the  crime bills  introduced during  the current  session dial                                                               
ECC back.  He said, for  instance, that instead of 30 days earned                                                               
for 30  days of good behavior,  the award could be  changed to 10                                                               
days.    He said  Mr.  Matthews  is  not  here to  answer  policy                                                               
questions, but  rather to provide  data to assist  legislators in                                                               
making determinations.                                                                                                          
REPRESENTATIVE WOOL asked whether  ECC gets automatically applied                                                               
or if it must be manually allocated.                                                                                            
CHAIR CLAMAN said  the next slide might help  with answering that                                                               
2:02:42 PM                                                                                                                    
MR. MATTHEWS  addressed slide 8,  titled "ECC Award  Rate," which                                                               
featured a pie  graph and table.  He said  the slide compares how                                                               
many  people  were  awarded  ECC  versus  how  many  people  were                                                               
eligible but not  awarded it.  He said it  is approximately a 50-                                                               
50 split.                                                                                                                       
REPRESENTATIVE  WOOL rephrased  his previous  question by  asking                                                               
whether ECC is  awarded based on the discretion  of the probation                                                               
officer or  if it is  automatic as long  as "you didn't  screw up                                                               
that month."                                                                                                                    
MR.  MATTHEWS  said he  believes  the  awarding of  ECC  requires                                                               
active participation by probation officers.                                                                                     
2:03:41 PM                                                                                                                    
REPRESENTATIVE  EASTMAN  asked  for confirmation  that  the  data                                                               
reflects   approximately  15,000   opportunities   for  ECC   and                                                               
approximately 7,800 credits actually awarded.                                                                                   
MR. MATTHEWS answered that is correct.                                                                                          
REPRESENTATIVE EASTMAN  asked if there is  a way to find  out how                                                               
many violent reoffenders had previously benefitted from ECC.                                                                    
MR. MATTHEWS  said DOC  can identify the  offense that  caused an                                                               
offender to become  incarcerated and, if he/she  gets released on                                                               
probation, whether  or not he/she earned  ECC.  He asked  if that                                                               
answers the question.                                                                                                           
REPRESENTATIVE  EASTMAN  clarified that  he  was  referring to  a                                                               
scenario  in which  someone previously  in custody  gets released                                                               
and then recidivates  on a violent offense.  He  asked if DOC can                                                               
determine how  many from that  pool of people were  recipients of                                                               
ECC prior to reoffending.                                                                                                       
MR. MATTHEWS,  after clarifying the  question, answered  that DOC                                                               
could determine that.                                                                                                           
CHAIR CLAMAN suggested  that a more apt question  would focus not                                                               
on  whether a  re-offending probationer  earned ECC,  but whether                                                               
he/she had  been released  from supervision as  a product  of the                                                               
ECC prior to a violent re-offense.                                                                                              
REPRESENTATIVE EASTMAN concurred.                                                                                               
MR. MATTHEWS  noted that ECC  has not been  in effect for  a long                                                               
time so data on its long-range  effects on recidivism will not be                                                               
available for a couple years.                                                                                                   
REPRESENTATIVE EASTMAN noted  that while ECC has  not been around                                                               
for long, good time credit has.                                                                                                 
2:07:35 PM                                                                                                                    
REPRESENTATIVE  WOOL  asked  a  question  about  the  populations                                                               
measured in the sanctions dataset versus the incentives dataset.                                                                
MR. MATTHEWS  said each considers  the same population.   He said                                                               
some people  eligible for incentives  may be ineligible  for ECC,                                                               
which could result in different cohorts.                                                                                        
REPRESENTATIVE  WOOL noted  that, since  the populations  are the                                                               
same, this means that there  were half as many incentives awarded                                                               
as sanctions imposed.   He mused that, with  verbal praise making                                                               
up the majority of incentives, the incentives are rather sparse.                                                                
MR. MATTHEWS  answered yes.   He agreed  that if   verbal praise"                                                               
were removed from  the incentives count, it  would be drastically                                                               
2:09:34 PM                                                                                                                    
KELLY  GOODE,  Deputy  Commissioner, Department  of  Corrections,                                                               
explained  that PACE  stands  for  Probation Accountability  with                                                               
Certain Enforcement.   She said the  program identifies offenders                                                               
who are  more likely  to violate  probation and  imposes stricter                                                               
and more  intensive supervision.   She said the PACE  program was                                                               
modeled after  [Hawaii's Opportunity Probation  with Enforcement]                                                               
CHAIR  CLAMAN  asked for  verification  that  PACE involves  more                                                               
intensive  supervision.   He  suggested that  even  a modicum  of                                                               
violative conduct results in reincarceration.                                                                                   
MS. GOODE  answered, "That is  exactly correct.   She  noted that                                                               
those involved with PACE are aware that consequences are swift.                                                                 
2:10:48 PM                                                                                                                    
CHAIR  CLAMAN  asked  about DOC  efforts  to  include  additional                                                               
incentives, noting that it is a relatively recent endeavor.                                                                     
MS.  GOODE said  she  cannot  answer that  precisely.   She  said                                                               
incentives  are   being  used  and  that   they  are  undoubtedly                                                               
2:11:23 PM                                                                                                                    
REPRESENTATIVE  WOOL asked  what  percentage  of people  released                                                               
have an alcohol restriction.                                                                                                    
MS. GOODE  said she does  not have  that information at  hand but                                                               
could find out for the committee.                                                                                               
2:11:43 PM                                                                                                                    
CHAIR  CLAMAN  repeated  Representative LeDoux's  question  about                                                               
nonprofit and for-profit partners  providing resources for use as                                                               
MS. GOODE said DOC does have  partners.  She said many businesses                                                               
donate.  She  highlighted Subway's donations of gift  cards.  She                                                               
said  other offerings  vary based  on the  location.   She stated                                                               
that the probation offices appreciate those types of donations.                                                                 
2:12:37 PM                                                                                                                    
REPRESENTATIVE KOPP asked  if it is true that DOC  is planning to                                                               
allow PACE to sunset.                                                                                                           
MS. GOODE  said she is  not absolutely certain about  its status.                                                               
She  noted there  were still  approximately  320 people  involved                                                               
with PACE at the end of 2018.   She mentioned that PACE is funded                                                               
by a grant.                                                                                                                     
REPRESENTATIVE KOPP  noted that  PACE is  resource-intensive both                                                               
for probation officers and law  enforcement but stressed that the                                                               
data shows  it to be very  effective when adequately funded.   He                                                               
suggested the committee look into it.                                                                                           
CHAIR  CLAMAN asked  Ms. Goode  to  get that  information to  the                                                               
committee  by  the  end  of  next week  so  that  it  can  inform                                                               
budgetary discussions.                                                                                                          
MS.  GOODE said  she would  do that.   She  shared that  the PACE                                                               
program has a 55 percent success rate.                                                                                          
2:15:58 PM                                                                                                                    
CHAIR   CLAMAN  addressed   the   Level  of   Supervision/Service                                                               
Inventory  (LSIR) form  included  in the  committee  packet.   He                                                               
asked Ms. Goode to describe how the form is used.                                                                               
MS. GOODE  said the LSIR  form is used to  assess the risk  of an                                                               
individual  so  that  the  probation  office  can  determine  the                                                               
necessary level of supervision.                                                                                                 
CHAIR CLAMAN  suggested the LSIR  form is like a  prerelease risk                                                               
assessment tool.                                                                                                                
MS.  GOODE noted  that  the form  is used  after  release in  the                                                               
probation office.                                                                                                               
2:16:25 PM                                                                                                                    
CHAIR  CLAMAN said  DOC  is supposed  to  issue regulations  with                                                               
regard to  the pretrial  risk assessment tool.   He  requested an                                                               
update on the status of this process.                                                                                           
MS. GOODE  said it has been  determined that DOC under  the prior                                                               
administration  did  not  complete the  regulations  required  by                                                               
Senate  Bill   91  [Passed  in  the   Twenty-Ninth  Alaska  State                                                               
Legislature] and other  criminal justice reform bills.   She said                                                               
DOC  is currently  working with  the Department  of Law  (DOL) to                                                               
ensure the process is moved forward.                                                                                            
CHAIR  CLAMAN  asked  for  a  timeline on  when  she  thinks  the                                                               
regulations will be ready for adoption.                                                                                         
MS. GOODE said  she does not know  yet but would get  back to the                                                               
committee once  she does.   She  said she hopes  DOC will  not be                                                               
forced to start over from the beginning.                                                                                        
CHAIR CLAMAN  requested an update  by the end  of next week.   He                                                               
thanked the presenters from DOC.                                                                                                
                    HB  12-PROTECTIVE ORDERS                                                                                
2:18:16 PM                                                                                                                    
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE  BILL  NO.  12  "An Act  relating  to  protective  orders."                                                               
[Before  the committee  was CSHB  12(STA), version  31-LS0103\K.]                                                               
He announced  that the  committee would take  up amendments.   He                                                               
stated  for  the  record  that  Legislative  Legal  Services  has                                                               
permission to  make any technical  and conforming changes  to the                                                               
2:19:26 PM                                                                                                                    
REPRESENTATIVE  KOPP  moved to  adopt  Amendment  1, labeled  31-                                                               
LS0103\K.2, Radford, 3/18/19, which read as follows:                                                                            
     Page 1, line 10, following "section":                                                                                  
         Insert ", if the petition alleges a change in                                                                      
     circumstances since the court's previous finding"                                                                      
     Page 2, line 15, following "section":                                                                                  
         Insert ", if the petition alleges a change in                                                                      
     circumstances since the court's previous finding"                                                                      
REPRESENTATIVE LEDOUX objected for purposes of discussion.                                                                      
2:20:00 PM                                                                                                                    
REPRESENTATIVE  KOPP  explained  that  Amendment  1  addresses  a                                                               
concern raised by the court system.   He said Amendment 1 relates                                                               
to  the issue  of  a  person denied  a  protective order  renewal                                                               
returning immediately  to the  court to  request reconsideration.                                                               
He explained  that the petitioner  would have to allege  a change                                                               
of circumstance since the court's previous finding.                                                                             
2:21:02 PM                                                                                                                    
REPRESENTATIVE  EASTMAN  asked if  the  passage  of HB  12  would                                                               
qualify as "a sufficient change  in circumstance" for purposes of                                                               
this type of request.  He  clarified that changes in law could be                                                               
construed as a changing circumstance.                                                                                           
REPRESENTATIVE KOPP answered that it  is conceivable, but he does                                                               
not  know if  it  is possible.   He  noted  that the  petitioner,                                                               
regardless  of whether  his/her  order has  expired, would  still                                                               
need  to  establish to  the  court  that  a protective  order  is                                                               
CHAIR  CLAMAN  said  Representative  Eastman's  query  raises  an                                                               
interesting question about for whom  the new law would qualify as                                                               
a  change in  circumstances.   He established  a hypothetical  in                                                               
which  two  people    one  whose  protective order  expired  many                                                               
months prior and  another whose order expired a few  days prior -                                                               
claim the newly passed law as a change in circumstances.                                                                        
2:24:11 PM                                                                                                                    
KEN  TRUITT,  Staff,  Representative  Chuck  Kopp,  Alaska  State                                                               
Legislature, said  one concrete  answer to  that question  can be                                                               
found in HB 12's applicability clause  on page 2 starting at line                                                               
28.   He said it  stipulates that, should  HB 12 become  law, its                                                               
provisions would apply to all  protective orders in effect on the                                                               
date of passage  and all those issued after the  date of passage.                                                               
He  clarified that  qualifying protective  orders would  be those                                                               
within 30 days  of lapsing or those that have  lapsed in the past                                                               
60 days.   He addressed the hypothetical scenario in  which HB 12                                                               
becomes law  the day  after a petitioner  is denied  a protective                                                               
order,  and  the petitioner  returns  the  day after  to  request                                                               
reconsideration.   He  said a  solution to  that situation  would                                                               
likely be at the discretion of the judge.                                                                                       
2:25:52 PM                                                                                                                    
REPRESENTATIVE  LEDOUX withdrew  her objection.   There  being no                                                               
further objection, Amendment 1 was adopted.                                                                                     
2:26:48 PM                                                                                                                    
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 2,  labeled 31-                                                               
LS0103\K.3, Radford, 3/26/19, which read as follows:                                                                            
     Page 1, line 8:                                                                                                            
     Delete "or"                                                                                                            
     Page 1, line 10, following "section":                                                                                  
     Insert "; or                                                                                                           
       (4)  the petitioner appears telephonically at the                                                                    
     protective order hearing"                                                                                              
REPRESENTATIVE LEDOUX objected for purposes of discussion.                                                                      
REPRESENTATIVE EASTMAN  said Amendment  2 would clarify  that the                                                               
fact a  petitioner is calling  in telephonically is not  a reason                                                               
to deny a  protective order.  He shared a  personal experience in                                                               
which he  accompanied a  friend to  a courthouse  to deal  with a                                                               
protective  order issue.   He  said his  friend was  told by  the                                                               
court clerk  that her request  would not  be accepted if  she was                                                               
not present  in the  courtroom to  sign the  necessary documents.                                                               
He  explained  that  his  friend, not  wanting  to  confront  her                                                               
abuser, left  without being issued  a protective order.   He said                                                               
that people who are not able to  or do not wish to confront their                                                               
abuser or  attorney should not  be disqualified from  obtaining a                                                               
protective order.                                                                                                               
2:28:34 PM                                                                                                                    
REPRESENTATIVE  KOPP shared  that he  has personally  helped many                                                               
people  obtain protective  orders over  the  phone.   He said  he                                                               
believes  there  is  nothing  in  Alaska  law  that  prevents  or                                                               
discourages  telephonic applications.   He  noted that  emergency                                                               
protective  orders are  almost always  done over  the phone.   He                                                               
stated it  is his understanding  that ex parte orders,  which are                                                               
for  20 days,  are  also routinely  handled  telephonically.   He                                                               
called the amendment unnecessary.                                                                                               
CHAIR CLAMAN  asked Representative  Eastman about  the protective                                                               
order his  friend was pursuing.   He asked what kind  of order it                                                               
REPRESENTATIVE EASTMAN answered that it was a long-term order.                                                                  
CHAIR  CLAMAN said  he is  confused  by Representative  Eastman's                                                               
anecdote because  the first protective  order is typically  an ex                                                               
parte order and requires no confrontation with the accuser.                                                                     
REPRESENTATIVE  EASTMAN  clarified  that  the  situation  he  was                                                               
referring to was "a follow-up."                                                                                                 
CHAIR CLAMAN said that there  would typically be no new documents                                                               
to sign for a long-term  protective order because those documents                                                               
get signed upon the granting of the ex parte order.                                                                             
2:30:42 PM                                                                                                                    
REPRESENTATIVE  EASTMAN, to  Representative Kopp's  comment, said                                                               
he  would   agree  with   Representative  Kopp's   assessment  of                                                               
Amendment  2 if  HB  12  dealt solely  with  ex parte  protective                                                               
orders.   He  remarked  that  the broader  nature  of  HB 12  may                                                               
require such an amendment.                                                                                                      
CHAIR  CLAMAN noted  that telephonic  appearances are  allowed by                                                               
the  Alaska Rules  of Court.   He  said he  shares Representative                                                               
Kopp's assessment that Amendment 2 is unnecessary.                                                                              
REPRESENTATIVE KOPP  said he  would support  the amendment  if he                                                               
felt it  would do good or  "enhance the process."   He stated the                                                               
court  system   currently  permits  telephonic   appearances  for                                                               
emergency protective,  ex parte protective orders,  and long-term                                                               
protective orders.                                                                                                              
REPRESENTATIVE WOOL requested confirmation  from the Alaska Court                                                               
System that the amendment is not needed.                                                                                        
2:32:27 PM                                                                                                                    
NANCY  MEADE,   General  Counsel,   Alaska  Court   System,  said                                                               
Representative Kopp  is correct  that the court  system routinely                                                               
hears and grants protective orders through telephonic hearings.                                                                 
REPRESENTATIVE EASTMAN asked,  as HB 12 stands now,  if the court                                                               
could  deny a  protective order  based on  the circumstance  of a                                                               
telephonic appearance.                                                                                                          
MS. MEADE answered that the  court cannot deny a protective order                                                               
just because  the petitioner is appearing  telephonically and not                                                               
in person.                                                                                                                      
2:33:33 PM                                                                                                                    
CHAIR  CLAMAN  suggested  that not  allowing  the  respondent  to                                                               
appear at  a long-term domestic  violence protective  order would                                                               
run into constitutional issues about the confrontation clause.                                                                  
MS. MEADE  confirmed that  the respondent is  present at  a long-                                                               
term order hearing for due process reasons.                                                                                     
REPRESENTATIVE  EASTMAN asked  if a  telephonic appearance  would                                                               
not be permitted for a long-term order hearing.                                                                                 
MS. MEADE  said a respondent could  appear telephonically; he/she                                                               
has the  right to appear.   She noted that  respondents sometimes                                                               
do not appear  at all.  Similarly, she added,  the petitioner can                                                               
also appear telephonically at any hearing.                                                                                      
2:34:53 PM                                                                                                                    
REPRESENTATIVE  LEDOUX  said  she is  confused  about  telephonic                                                               
allowances and requested clarification.                                                                                         
MS. MEADE  apologized.  She  clarified that petitioners  have the                                                               
right to appear telephonically at  any hearing for any protective                                                               
order.    She said  respondents     those accused  of  committing                                                               
domestic  violence,  stalking,  or   sexual  assault     are  not                                                               
typically notified  about 72-hour or short-term  protective order                                                               
hearings.  She said respondents have  a right to be "present" for                                                               
long-term  protective  order  hearings and  thus  receive  notice                                                               
because of  due process requirements.   She said  respondents can                                                               
choose to be present telephonically.   She noted that respondents                                                               
have the constitutional  right to know a  proceeding is occurring                                                               
against  them because  it  could result  in  a grave  consequence                                                               
against them.                                                                                                                   
2:36:30 PM                                                                                                                    
REPRESENTATIVE  LEDOUX considered  that respondents  do not  have                                                               
the right in a long-term  protective order case to confront their                                                               
accusers in person, as they would in a criminal case.                                                                           
MS. MEADE answered correct.   She said a protective order hearing                                                               
is not a  criminal proceeding where the respondent  is a criminal                                                               
defendant, so  different protections  apply.  She  clarified that                                                               
these  hearings  are  civil  proceedings.   She  added  that  due                                                               
process  rights  apply [for  the  long-term  order hearings]  and                                                               
respondents can  opt to  come and defend  themselves.   She noted                                                               
that  respondents  can  do  this  by telephone.    She  said  the                                                               
respondent  does not  have  the right  to  insist the  petitioner                                                               
appear for cross-examination.                                                                                                   
2:37:43 PM                                                                                                                    
REPRESENTATIVE  EASTMAN said  he feels  Amendment 2  is necessary                                                               
because the language is  of use to the public.   He said it would                                                               
reassure and  encourage people who may  not be able to  apply for                                                               
an order in person to still file the request.                                                                                   
2:38:40 PM                                                                                                                    
A  roll call  vote was  taken.   Representative Eastman  voted in                                                               
favor of Amendment 2.   Representatives LeDoux, Wool, Shaw, Kopp,                                                               
and  Claman voted  against it.   Therefore,  Amendment 2  was not                                                               
adopted by a vote of 1-5.                                                                                                       
2:39:11 PM                                                                                                                    
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 3,  labeled 31-                                                               
LS0103\K.4, Radford, 3/26/19, which read as follows:                                                                            
     Page 1, line 7:                                                                                                            
     Delete "for"                                                                                                           
     Insert "of or a contributing factor for granting"                                                                      
     Page 1, line 8:                                                                                                            
     Delete "or"                                                                                                            
     Page 1, line 10, following "section":                                                                                  
     Insert "; or                                                                                                           
       (4)  the petitioner appears telephonically at the                                                                    
     protective order hearing"                                                                                              
REPRESENTATIVE WOOL objected for purposes of discussion.                                                                        
REPRESENTATIVE EASTMAN explained that  the amendment would expand                                                               
the language  of HB 12  so that if an  act of stalking  or sexual                                                               
assault  was a  contributing portion of the basis  for a previous                                                               
protective  order, that  [an extension]  could not  be denied  on                                                               
those  grounds."   He said  the amendment  would further  protect                                                               
those in need of protective orders.                                                                                             
2:40:16 PM                                                                                                                    
REPRESENTATIVE  KOPP   opined  that   the  amendment   only  adds                                                               
confusion.   He noted  that a protective  order cannot  be issued                                                               
without  a probable  cause finding  that  an act  of stalking  or                                                               
sexual assault has occurred.  He  pointed to the murkiness of the                                                               
amendment's language.                                                                                                           
REPRESENTATIVE SHAW said, "I read  [the amendment] five times and                                                               
then I got an interpretation of it, and I'm still confused."                                                                    
MS. MEADE  echoed the  previous representatives'  confusion about                                                               
the intent of the amendment.                                                                                                    
CHAIR  CLAMAN   asked  Representative  Eastman  to   clarify  the                                                               
REPRESENTATIVE EASTMAN said he is  concerned that the court could                                                               
potentially deny  a protective order  because an act  of domestic                                                               
violence or  stalking was a  contributing factor rather  than the                                                               
primary  factor.   He clarified  that  the amendment  essentially                                                               
replaces the  definite article "the" with  the indefinite article                                                               
2:44:19 PM                                                                                                                    
MS. MEADE  restated that protective  orders get issued  because a                                                               
court found  there was "an  incident" and  there was "an  act" of                                                               
domestic violence,  sexual assault,  or stalking.   She  said the                                                               
court identifies  the incident that  was the impetus  for issuing                                                               
the protective order.   She said she is still  unclear about what                                                               
might be considered "a contributing factor."                                                                                    
CHAIR CLAMAN opined that Representative  Eastman has "done little                                                               
to lift the confusion."                                                                                                         
REPRESENTATIVE   EASTMAN  reframed   his  explanation   around  a                                                               
hypothetical person  coming to  the court to  fill out  a request                                                               
for a  protective order.  He  asked if that person  is restricted                                                               
to listing just  one incident on the form, or  whether the person                                                               
has the  right to list  multiple reasons and incidences  that may                                                               
have piled up.                                                                                                                  
MR. MEADE  said she is beginning  to understand his intent.   She                                                               
confirmed  that petitioners  often list  multiple incidents  that                                                               
they  want to  rely  upon at  the hearing.    She explained  that                                                               
court-issued orders  include checkboxes for each  crime committed                                                               
by the respondent.  If more than  one box is checked, which is to                                                               
say there are multiple crimes  that have provided the impetus for                                                               
the order, each would be treated  as a basis for the order rather                                                               
than as "a contributing factor."   She said the language of HB 12                                                               
as written already covers this situation.                                                                                       
REPRESENTATIVE EASTMAN withdrew the motion to adopt Amendment 3.                                                                
2:47:13 PM                                                                                                                    
REPRESENTATIVE EASTMAN moved to adopt Amendment 4, labeled 31-                                                                  
LS0103\K.5, Radford, 3/26/19, which read as follows:                                                                            
     Page 1, line 7:                                                                                                            
     Delete "for"                                                                                                           
     Insert "of or a contributing factor for granting"                                                                      
     Page 1, line 8:                                                                                                            
     Delete "or"                                                                                                            
     Page 1, line 10, following "section":                                                                                  
     Insert "; or                                                                                                           
       (4)  the petitioner appears telephonically at the                                                                    
     protective order hearing"                                                                                              
     Page 2, line 11:                                                                                                           
     Delete "for"                                                                                                           
     Insert "of or a contributing factor for granting"                                                                      
     Page 2, line 12:                                                                                                           
     Delete "or"                                                                                                            
     Page 2, line 15, following "section":                                                                                  
     Insert "; or                                                                                                           
       (4)  the petitioner appears telephonically at the                                                                    
     protective order hearing"                                                                                              
REPRESENTATIVE LEDOUX objected for purposes of discussion.                                                                      
REPRESENTATIVE  EASTMAN said  Amendment 4  combines Amendments  2                                                               
and 3 and  makes them applicable to each of  the protective order                                                               
classes.   He withdrew  his motion to  adopt Amendment  4, citing                                                               
the committee's reluctance to adopt Amendments 2 and 3.                                                                         
2:47:44 PM                                                                                                                    
REPRESENTATIVE EASTMAN  moved to  adopt Amendment 5,  labeled 31-                                                               
LS0103\K.6, Radford, 3/26/19, which read as follows:                                                                            
     Page 1, line 7:                                                                                                            
     Delete "for"                                                                                                           
     Insert "of or a contributing factor for granting"                                                                      
     Page 1, line 8:                                                                                                            
     Delete "or"                                                                                                            
     Page 1, line 10, following "section":                                                                                  
     Insert ";                                                                                                              
       (4)  the petitioner appears telephonically at the                                                                    
     protective order hearing; or                                                                                           
         (5)  of the current geographic location of the                                                                     
     Page 2, line 11:                                                                                                           
     Delete "for"                                                                                                           
     Insert "of or a contributing factor for granting"                                                                      
     Page 2, line 12:                                                                                                           
     Delete "or"                                                                                                            
     Page 2, line 15, following "section":                                                                                  
     Insert ";                                                                                                              
       (4)  the petitioner appears telephonically at the                                                                    
     protective order hearing; or                                                                                           
         (5)  of the current geographic location of the                                                                     
REPRESENTATIVE LEDOUX objected for purposes of discussion.                                                                      
REPRESENTATIVE  EASTMAN said  the language  of Amendment  5 deals                                                               
with geography.  He established  a scenario in which a petitioner                                                               
is  denied a  protective  order because  the  court believes  the                                                               
respondent, who  has left the  state, does  not pose enough  of a                                                               
risk.  He  argued that, given the ease with  which the respondent                                                               
could travel from out of state  to confront the petitioner, it is                                                               
important  to   clarify  to  the  court   that  the  respondent's                                                               
geographic location is not a reason to deny a protective order.                                                                 
2:49:45 PM                                                                                                                    
CHAIR  CLAMAN  established  a  scenario  in  which  a  petitioner                                                               
requests a 6-month  protective order against a  respondent who is                                                               
imprisoned out of state and  will continue to be incarcerated for                                                               
the next  year.   He asked why  the court should  not be  able to                                                               
deny the request based on a lack of geographic risk.                                                                            
REPRESENTATIVE EASTMAN  said the  amendment would not  limit that                                                               
situation  because of  the element  of incarceration.   He  noted                                                               
that  the  reason  for  the  denial  would  not  be  because  the                                                               
respondent  is  out  of  state, but  because  the  respondent  is                                                               
incarcerated.  He  said courts would continue to be  able to deny                                                               
orders for that reason.                                                                                                         
REPRESENTATIVE KOPP  characterized the  amendment as  "a solution                                                               
in search  of a problem.    He noted that, to  grant a protective                                                               
order, the  court must  establish that an  order is  necessary to                                                               
protect the safety  of the petitioner.  He said  the court weighs                                                               
factors such as the type of  crime committed, the identity of the                                                               
respondent,  the  respondent's  location, and  whether  there  is                                                               
currently   an  investigation.     He   validated  Representative                                                               
Eastman's concerns  about "a mobile  society," but  stressed that                                                               
the court  is always tasked  with determining the  probability of                                                               
the petitioner  being hurt.   He suggested  that the  language in                                                               
Amendment  5  could confuse  the  court  and interfere  with  its                                                               
"common sense application" of  making causal determinations about                                                               
a  petitioner's risk  status.   He opined  that the  amendment is                                                               
2:52:40 PM                                                                                                                    
REPRESENTATIVE EASTMAN said if the  argument holds that the court                                                               
can come up with its own  justification based on common sense and                                                               
that it  does not need  the legislature to list  out particulars,                                                               
then there is  no purpose to supporting HB 12.   He insisted that                                                               
there is value  to putting this sort of language  into statute to                                                               
encourage and inform people who may pursue protective orders.                                                                   
2:53:59 PM                                                                                                                    
A  roll call  vote was  taken.   Representative Eastman  voted in                                                               
favor  of adopting  Amendment 5.   Representatives  LeDoux, Wool,                                                               
Shaw, Kopp, and Claman voted against it.  Therefore, Amendment 5                                                                
was not adopted by a vote of 1-5.                                                                                               
2:55:45 PM                                                                                                                    
REPRESENTATIVE LEDOUX  moved to  report HB 12  as amended  out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.    There  being no  objection,  CSHB  12(JUD)  was                                                               
reported out of the House Judiciary Standing Committee.                                                                         
2:56:43 PM                                                                                                                    
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 2:57 p.m.                                                                 

Document Name Date/Time Subjects
DOC Alaska Recidivism & Reentry Presentation to House Judiciary Committee 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
DOC Alaska Sanctions and Incentives Presentation to House Judiciary Committee 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
DOC LSRI Form 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HB012 Amendments #1-5 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HB 12
HB012 Amendments #1-5 HJUD Final votes 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HB 12
HB012 Eastman Amendments Memo 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HB 12
HB012 Fiscal Note JUD-ACS 3.28.19.pdf HJUD 3/27/2019 1:00:00 PM
HB 12
HB049 Fiscal Note DOA-OPA (Updated) 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Fiscal Note DOA-PDA (Updated) 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Additional Document-Dept. of Law Response to HJUD Committee Questions on March 25, 2019 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49
HB049 Additional Document-Dept. of Law Memo Terroristic Threatening Legislative History 3.27.19.pdf HJUD 3/27/2019 1:00:00 PM
HJUD 4/27/2019 1:00:00 PM
HB 49