Legislature(2015 - 2016)GRUENBERG 120
04/06/2016 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB308 | |
| HB147 | |
| HB205 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 308 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 147 | TELECONFERENCED | |
| += | HB 205 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 6, 2016
1:18 p.m.
MEMBERS PRESENT
Representative Gabrielle LeDoux, Chair
Representative Wes Keller, Vice Chair
Representative Bob Lynn
Representative Charisse Millett
Representative Matt Claman
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Neal Foster
Representative Kurt Olson (alternate)
COMMITTEE CALENDAR
HOUSE BILL NO. 308
"An Act relating to the limitation of liability for the
inspection, installation, or adjustment of a child safety seat
or in providing education regarding the installation or
adjustment of a child safety seat."
- MOVED HB 308 OUT OF COMMITTEE
HOUSE BILL NO. 147
"An Act relating to the investigation of cruelty to animals
complaints; relating to the seizure of animals; relating to the
destruction of animals; relating to a bond or security posted
for the costs of care for an animal; relating to the inclusion
of an animal in a protective order and the crimes and arrests
for violating that protective order; and relating to the
ownership of an animal upon divorce or dissolution of marriage."
- MOVED CSHB 147(JUD) OUT OF COMMITTEE
HOUSE BILL NO. 205
"An Act relating to conditions of release; relating to community
work service; relating to credit toward a sentence of
imprisonment for certain persons under electronic monitoring;
relating to the restoration under certain circumstances of an
administratively revoked driver's license, privilege to drive,
or privilege to obtain a license; allowing a reduction of
penalties for offenders successfully completing court- ordered
treatment programs for persons convicted of driving under the
influence; relating to termination of a revocation of a driver's
license; relating to restoration of a driver's license; relating
to credits toward a sentence of imprisonment, to good time
deductions, and to providing for earned good time deductions for
prisoners; relating to early termination of probation and
reduction of probation for good conduct; relating to the rights
of crime victims; relating to the disqualification of persons
convicted of certain felony drug offenses from participation in
the food stamp and temporary assistance programs; relating to
probation; relating to mitigating factors; relating to treatment
programs for prisoners; relating to the duties of the
commissioner of corrections; amending Rule 32, Alaska Rules of
Criminal Procedure; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 308
SHORT TITLE: CHILD SAFETY SEAT INSTALLATION LIABILITY
SPONSOR(s): REPRESENTATIVE(s) MILLETT
02/12/16 (H) READ THE FIRST TIME - REFERRALS
02/12/16 (H) L&C, JUD
03/28/16 (H) L&C AT 3:15 PM BARNES 124
03/28/16 (H) Moved HB 308 Out of Committee
03/28/16 (H) MINUTE (L&C)
03/29/16 (H) L&C RPT 3DP 2NR
03/29/16 (H) DP: HUGHES, TILTON, OLSON
03/29/16 (H) NR: JOSEPHSON, KITO
04/06/16 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 147
SHORT TITLE: ANIMALS: PROTECTION/RELEASE/CUSTODY
SPONSOR(s): REPRESENTATIVE(s) VAZQUEZ
03/16/15 (H) READ THE FIRST TIME - REFERRALS
03/16/15 (H) JUD
03/20/15 (H) BILL REPRINTED (CORRECTED) 3/20/15
03/25/15 (H) JUD AT 1:00 PM CAPITOL 120
03/25/15 (H) <Bill Hearing Canceled>
04/01/15 (H) JUD AT 1:00 PM CAPITOL 120
04/01/15 (H) Heard & Held
04/01/15 (H) MINUTE (JUD)
04/06/15 (H) JUD AT 1:00 PM CAPITOL 120
04/06/15 (H) <Bill Hearing Canceled>
04/07/15 (H) JUD AT 1:30 PM CAPITOL 120
04/07/15 (H) <Bill Hearing Canceled>
04/13/15 (H) JUD AT 1:00 PM CAPITOL 120
04/13/15 (H) <Bill Hearing Canceled>
02/01/16 (H) JUD AT 1:00 PM CAPITOL 120
02/01/16 (H) Heard & Held
02/01/16 (H) MINUTE (JUD)
02/10/16 (H) JUD AT 1:00 PM CAPITOL 120
02/10/16 (H) -- MEETING CANCELED --
04/06/16 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: HB 205
SHORT TITLE: CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID
SPONSOR(s): REPRESENTATIVE(s) MILLETT
04/17/15 (H) READ THE FIRST TIME - REFERRALS
04/17/15 (H) JUD, FIN
03/11/16 (H) JUD AT 12:30 AM GRUENBERG 120
03/11/16 (H) -- MEETING CANCELED --
03/12/16 (H) JUD AT 2:00 PM GRUENBERG 120
03/12/16 (H) -- MEETING CANCELED --
03/14/16 (H) JUD AT 12:30 AM GRUENBERG 120
03/14/16 (H) Heard & Held
03/14/16 (H) MINUTE (JUD)
03/16/16 (H) JUD AT 12:30 AM GRUENBERG 120
03/16/16 (H) Heard & Held
03/16/16 (H) MINUTE (JUD)
03/18/16 (H) JUD AT 12:30 AM GRUENBERG 120
03/18/16 (H) Heard & Held
03/18/16 (H) MINUTE (JUD)
03/21/16 (H) JUD AT 12:30 AM GRUENBERG 120
03/21/16 (H) Heard & Held
03/21/16 (H) MINUTE (JUD)
03/21/16 (H) JUD AT 5:00 PM GRUENBERG 120
03/21/16 (H) Heard & Held
03/21/16 (H) MINUTE (JUD)
03/22/16 (H) JUD AT 5:00 PM GRUENBERG 120
03/22/16 (H) Heard & Held
03/22/16 (H) MINUTE (JUD)
03/23/16 (H) JUD AT 12:30 AM GRUENBERG 120
03/23/16 (H) -- MEETING CANCELED --
03/23/16 (H) JUD AT 1:00 PM GRUENBERG 120
03/23/16 (H) -- Continued from 3/22/16 --
03/28/16 (H) JUD AT 1:00 PM GRUENBERG 120
03/28/16 (H) Heard & Held
03/28/16 (H) MINUTE (JUD)
03/30/16 (H) JUD AT 1:00 PM GRUENBERG 120
03/30/16 (H) Heard & Held
03/30/16 (H) MINUTE (JUD)
03/31/16 (H) JUD AT 1:00 PM GRUENBERG 120
03/31/16 (H) -- Will be Continued from 3/30/16 --
04/04/16 (H) JUD AT 1:00 PM GRUENBERG 120
04/04/16 (H) Scheduled but Not Heard
04/04/16 (H) JUD AT 5:30 PM GRUENBERG 120
04/04/16 (H) -- MEETING CANCELED --
04/05/16 (H) JUD AT 1:00 PM GRUENBERG 120
04/05/16 (H) Scheduled but Not Heard
04/05/16 (H) JUD AT 5:00 PM GRUENBERG 120
04/05/16 (H) -- MEETING CANCELED --
04/06/16 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
MARIANNA CARPENETI, Assistant Attorney General
Civil Division
Torts and Workers' Compensation Section
Department of Law
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 308 answered a
question.
SARA PENISTEN, Registered Nurse
Providence Alaska Medical Center
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 308 offered
support.
ANTHONY GREEN, Director of Public Policy
Safe Kids Worldwide
Washington D.C.
POSITION STATEMENT: During the hearing of HB 308 offered
support.
DAVID WALLACE, Engineer Paramedic
Anchorage Fire Department
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 308 offered
support.
DON ETHRIDGE
Alaska State AFL-CIO
Juneau, Alaska
POSITION STATEMENT: During the hearing of HB 308 offered
support.
NICOLI BAILEY, Staff
Former Representative Max Gruenberg
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Speaking as staff, during the hearing of
CSHB 147 presented the bill on behalf of former Representative
Max Gruenberg, co-sponsor.
LIZ VAZQUEZ
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified during the hearing of CSHB 14, as
co-sponsor.
GRACE ABBOTT, Staff
Representative Charisse Millett
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During the hearing of CSHB 205 discussed
various amendments and answered questions.
QUINLAN STEINER, Director
Central Office
Public Defender Agency (PDA)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: During the hearing of HB 205 offered
testimony and answered questions.
CHRISTY WILLER, Chief Operating Officer
Cook Inlet Tribal Council
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing of HB 205.
ACTION NARRATIVE
1:18:25M
CHAIR GABRIELLE LEDOUX called the House Judiciary Standing
Committee meeting to order at 1:18 p.m. Representatives Lynn,
Millett, Keller, and LeDoux were present at the call to order.
Representatives Claman and Kreiss-Tomkins arrived as the meeting
was in progress.
HB 308-CHILD SAFETY SEAT INSTALLATION LIABILITY
1:19:04 PM
CHAIR LEDOX announced that the first order of business would be
HOUSE BILL NO. 308, "An Act relating to the limitation of
liability for the inspection, installation, or adjustment of a
child safety seat or in providing education regarding the
installation or adjustment of a child safety seat."
1:19:33 PM
REPRESENTATIVE MILLETT said that HB 308 will help save lives,
make communities safer for Alaskans, and will allow technicians
for child passenger safety latitude to install car seats and
teach people how to install car seats without liability. She
offered that these technicians are fully trained and certified
through a process. Oftentimes, she noted, people go to a fire
station or a hospital to have their car seat installed. This
bill is a mechanism for child safety technicians to go into
communities that may or may not have fire stations, and the
opportunity to hold free events to teach parents, especially new
parents, how to install their car seats correctly. The bill
avoids any liability when certified technicians volunteer to
install and educate people and, she noted, the bill has no
opposition. She pointed out that it is considerably desirable
in rural communities that do not currently have car seat safety
technicians because it gives the technicians the opportunity to
teach the smaller communities.
1:21:32 PM
REPRESENTATIVE KELLER noted that his conceptual amendment is now
before the committee and stated that he feels confident with the
legislative intent. He said, "Our departed friend Max, I'm
standing in for him today making sure that we aren't doing
something that is unintended." He noted that as he read the
bill he thought it was a limitation of liability, except as
provided in subsection (b), which read:
(b) This section does not apply to a civil action
(1) for damages resulting from gross
negligence or willful or wanton misconduct; or
(2) where the inspection, installation, or
adjustment of a child safety seat, is performed in
conjunction with the for-profit sale of a child safety
seat.
REPRESENTATIVE KELLER suggested there was the possibility of
liability to parents. He stated he wants a safeguard in the
bill that the legislature does not, in any manner, increase the
liability of a parent taking care of their child. Mistakes will
be made, he opined, and their standards for adjustment may be
different for others, and stressed he wants an exemption in
there for parents. In the event there is not an answer he will
propose the conceptual amendment later, he said.
1:22:50 PM
REPRESENTATIVE MILLETT noted that it is a question for
Legislative Legal and Research Services because it is not
something that came up during their research on the bill. She
agreed there could be a situation wherein parents are co-
parenting and one parent has custody and the other parent has
joint custody.
1:23:14 PM
CHAIR LEDOUX asked Representative Keller whether he was trying
to exempt parents from legal liability.
REPRESENTATIVE KELLER answered yes.
CHAIR LEDOUX explained that in reality, the conceptual amendment
exempts insurance companies from having to provide coverage.
Due to the manner in which homeowner's insurance policies work,
if there is a serious accident [with the child] the non-
negligent parent can sue the other parent on behalf of the child
and there can be liability against the other parent. Although,
she pointed out, the lawsuit wouldn't even be brought unless
there was insurance coverage. Therefore, she explained, this
amendment would basically be a boon to the insurance companies
and not the injured child, and not to the parent who would not
want to be exempted because they would want their child to
actually have the coverage.
1:24:35 PM
REPRESENTATIVE KELLER moved to adopt Conceptual Amendment 1, as
follows:
Page 2, Line 10
DELETE
[and]
After "instructiors [sic]: INSERT
or
(D) is a parent, legal or authorized guardian; and
CHAIR LEDOUX objected for purposes of discussion.
REPRESENTATIVE KELLER, in response to Chair LeDoux's
explanation, said he started reading the bill and thought that
this would exempt the liability of people [who have]
successfully completed a certification course regarding the use
of car seats. He then posed the question, what if someone tries
to use this section of law to hold someone liable and there are
many different options. He said he understands that Chair
LeDoux is saying that one of the options here is that Conceptual
Amendment 1 builds a boon for insurance companies and that
possibly there is a more elegant way to fix the problem.
Although, he stressed the committee needs to do something to be
certain the bill does not increase regulation and liability on
parents at some level.
REPRESENTATIVE MILLETT reiterated that she should speak with
Legislative Legal and Research Services because her
understanding is that this only applies to people who have been
trained and have received a certificate, parents wouldn't need
to be covered under this bill unless they are a certified car
seat inspector. She then referred to Chair LeDoux's point and
said she is more concerned about not having them under the
homeowner's insurance.
1:27:18 PM
MARIANNA CARPENETI, Assistant Attorney General, Civil Division,
Torts and Workers' Compensation Section, Department of Law, said
she agrees this is a better question for Legislative Legal and
Research Services because they are the people to discuss how the
bill might be interpreted. Representative Keller is correct
that parents are not referenced, but she opined that parents are
not envisioned as implicated in the operation of the bill. She
related that she is hesitate to offer more because she is unsure
what the drafter was thinking when drafting the bill.
1:28:53 PM
The committee took an at-ease from 1:28 to 1:33:42.
1:33:42 PM
REPRESENTATIVE KELLER withdrew Conceptual Amendment 1.
CHAIR LEDOUX opened public testimony.
1:34:48 PM
SARA PENISTEN, Registered Nurse, Providence Alaska Medical
Center, advised she is the coordinator of the Kids Alaska State
Coalition, is a Child Safety Instructor, and has been involved
in child passenger safety since 1998. She said she strongly
urges the committee's support in that currently Alaska has 194
certified technicians who hold a two-year certification in child
passenger safety. That certification is renewable upon specific
requirements set forth by the National Child Passenger Safety
Board, the National Highway Transportation Safety
Administration, and the Child Passenger Safety (CPS)
Certification program which is administered by Safe Kids
Worldwide. She advised that the Kids Alaska State Coalition
collects data annually through an extremely structured program
regarding car seat misuse on car seats inspected in Alaska and
offered that a lawsuit has never been brought forth naming a
child passenger safety technician. However, she related they
are hopeful the legislature will pass this legislation as a
layer of protection, and especially encourage people in rural
areas to seek out certification for people that may not be
sponsored by an agency that is actively involved in the care of
children or in their transportation needs. She advised that
several people have contacted her with interest over the years
whose agencies may not have that same interest and due to their
fear of liability choose not to become certified and; therefore,
cannot serve their community as a transportation resource for
children.
1:37:26 PM
ANTHONY GREEN, Director of Public Policy, Safe Kids Worldwide,
advised that most of the people acting as child passenger safety
technicians are volunteers who go through a rigorous course to
become child passenger safety technicians. He pointed out that
it will help the Alaska program if candidates, sponsoring
organizations, or properties where events may take place, can be
advised they are immune from civil liability. Not only have
there not been any lawsuits brought in Alaska, he is unaware of
any being brought in the entire United States. Although, he
advised there was an incident dealt with some years ago that did
not resort to litigation. He offered his appreciation for the
committee's consideration of this bill.
1:39:17 PM
DAVID WALLACE, Engineer Paramedic, Anchorage Fire Department,
advised he is an Engineer Paramedic with the Anchorage Fire
Department in addition to being a child passenger safety
technician instructor. He stated that while working in
communities around Anchorage, Southeast, and Kodiak Island, a
concern often expressed is around the level of liability that
technicians and the agency could be involved in. This
legislation would help ease the concerns of both the individuals
and agencies so they will become a stronger partner in providing
safe transportation for children, he opined.
1:40:42 PM
DON ETHRIDGE, Alaska State AFL-CIO, said they support this bill
and explained that many members of the Alaska State AFL-CIO are
fire fighters, police department employees, and many hospital
nurses who volunteer their own time to offer trainings. He said
this bill is viewed as an additional step in protecting the
volunteers while caring for the public.
CHAIR LEDOUX, after ascertaining that no one further wished to
testify, closed public testimony.
1:41:51 PM
REPRESENTATIVE KELLER moved to report HB 308, Version 29-
LS1323\A out of committee with individual recommendations and
the accompanying fiscal notes. There being no objection, HB 308
passed out of the House Judiciary Standing Committee.
1:42:40 PM
The committee took a brief at ease.
HB 147-ANIMALS: PROTECTION/RELEASE/CUSTODY
1:42:43 PM
CHAIR LEDOUX announced that the next order of business would be
HOUSE BILL NO. 147, "An Act relating to the investigation of
cruelty to animals complaints; relating to the seizure of
animals; relating to the destruction of animals; relating to a
bond or security posted for the costs of care for an animal;
relating to the inclusion of an animal in a protective order and
the crimes and arrests for violating that protective order; and
relating to the ownership of an animal upon divorce or
dissolution of marriage."
1:45:09 PM
REPRESENTATIVE KELLER moved to adopt CSHB 147, Version 29-
LS0302\C, Wallace, 4/4/16, as the working document. There being
no objection, Version C was before the committee.
1:45:43 PM
NICOLI BAILEY, Staff, Former Representative Max Gruenberg,
Alaska State Legislature, was available to present the bill.
1:45:58 PM
LIZ VAZQUEZ, Alaska State Legislature, was available to answer
questions.
1:46:29 PM
MS. BAILEY referred to the 4/6/16 Memorandum directed to Chair
LeDoux from Megan Wallace, noting several changes, and asked
whether the committee would like her to read the document into
the record. She said, "As my former boss was often want to do,
and Representative Vazquez was part of it, we did quite a few
incarnations of this bill. And when he passed there were five
amendments that he was going to add to the bill and they have
now been incorporated in this new CS, from what I understand."
CHAIR LEDOUX pointed out the explanation of changes is in front
of the committee and she did not believe it was necessary to
read it into the record.
1:47:53 PM
The committee took an at-ease from 1:47 to 1:48 p.m.
1:49:02 PM
REPRESENTATIVE VAZQUEZ offered, "That while this has been named
the 'pet bill' for the record it was the passion of former
Representative Gruenberg." She pointed to "serious fiscal
issues that this bill brings forth," including: correspondence
from the Municipality of Anchorage advising that its animal
control spent over $100,000 during the years 2009-2011 in caring
for animals seized due to neglect or cruelty. The domestic
violence provisions and divorce and dissolution provisions
provide judges with tools that will avoid lengthy litigation
among the parties, will save time and money for private parties
litigating, and for the Alaska Court System.
1:50:33 PM
REPRESENTATIVE KELLER moved to report CSHB 147, Version 29-
LS0302\C, Wallace, 4/4/16, out of committee with individual
recommendations and the accompanying fiscal notes. There being
no objection, CSHB 147(JUD) passed out of the House Judiciary
Standing Committee.
1:50:59 PM
The committee took an at-ease from 1:50 to 1:55 p.m.
HB 205-CRIMINAL LAW/PROCEDURE; DRIV LIC; PUB AID
1:55:12 PM
CHAIR LEDOUX announced that the final order of business would be
HOUSE BILL NO. 205, "An Act relating to conditions of release;
relating to community work service; relating to credit toward a
sentence of imprisonment for certain persons under electronic
monitoring; relating to the restoration under certain
circumstances of an administratively revoked driver's license,
privilege to drive, or privilege to obtain a license; allowing a
reduction of penalties for offenders successfully completing
court- ordered treatment programs for persons convicted of
driving under the influence; relating to termination of a
revocation of a driver's license; relating to restoration of a
driver's license; relating to credits toward a sentence of
imprisonment, to good time deductions, and to providing for
earned good time deductions for prisoners; relating to early
termination of probation and reduction of probation for good
conduct; relating to the rights of crime victims; relating to
the disqualification of persons convicted of certain felony drug
offenses from participation in the food stamp and temporary
assistance programs; relating to probation; relating to
mitigating factors; relating to treatment programs for
prisoners; relating to the duties of the commissioner of
corrections; amending Rule 32, Alaska Rules of Criminal
Procedure; and providing for an effective date."
[Before the House Judiciary Standing Committee was CSHB 205,
labeled 29-LS0896\H, adopted 3/14/16.]
[Due to their length, some amendments discussed or adopted
during the meeting are located at the end of the minutes for HB
205. Shorter amendments are included within the main text.]
1:55:34 PM
CHAIR LEDOUX advised she will attempt a less formal albeit
substantive discussion with each amendment unless it becomes
necessary to return to a formal substantive discussion. She
advised that the committee has 29 amendment to consider.
1:56:24 PM
REPRESENTATIVE MILLETT moved to adopt Amendment 1, Version 29-
LS0896\H.20, Martin/Gardner, 3/29/16, which read: [Amendment 1
is provided at the end of the minutes of HB 205.]
CHAIR LEDOUX objected for purposes of discussion.
1:56:57 PM
The committee took an at-ease from 1:56 to 1:59 p.m.
1:59:35 PM
GRACE ABBOTT, Staff, Representative Charisse Millett, Alaska
State Legislature, advised that Amendment 1 follows the
committee's discussion regarding the 120-day cap for pretrial
electronic monitoring. As the bill is currently written, she
explained, a person awaiting trial on electronic monitoring
would only be allowed to apply 120-days spent on electronic
monitoring toward their sentence. However, it was recommended
that this cap be deleted from the bill because the data from the
Alaska Criminal Justice Commission reveals that any day spent in
jail worsens a person's outcomes post-sentencing. Therefore,
[deleting] the 120-day limit would allow someone using
electronic monitoring to begin their rehabilitation process
while still being confined and apply that [time] to their
sentence, which would result in less time building on the
criminogenic aspects of actual prison time.
2:01:19 PM
CHAIR LEDOUX asked whether the committee is repealing a bill
passed last year if it does not adopt Amendment 1.
MS. ABBOTT advised that the amendment would add sideboards to
the bill passed last year because that bill did not add a cap to
the amount of time electronic monitoring could be applied toward
a sentence. Currently, HB 205 caps at 120 days, and she
described it as an amendment to the bill passed last year.
CHAIR LEDOUX commented that it would be a fairly substantial
one.
MS. ABBOTT agreed.
2:02:11 PM
REPRESENTATIVE CLAMAN commented, "This amendment that's
essentially withdrawing the amendment represented by the bill."
He said he supports staying with last year's action because the
new law has barely had time to determine whether it works.
CHAIR LEDOUX agreed.
CHAIR LEDOUX withdrew her objection. There being no further
objection Amendment 1 was adopted.
2:03:06 PM
REPRESENTATIVE MILLETT moved to adopt Amendment 2, Version 29-
LS0896\H.14, Martin/Gardner, 3/25/16, which read: [Amendment 2
is provided at the end of the minutes of HB 205.]
CHAIR LEDOUX objected for purposes of discussion.
2:03:18 PM
REPRESENTATIVE MILLETT explained that the amendment is
reinvestment language and puts forward the reinvestment
opportunities added to the bill and incorporates the public's
involvement. She said she would like the public to know that
many amendments were driven by participation from victims and
the public offering input. In going through the amendment
process they did try to incorporate substantial changes while
taking into consideration testimonies of the public. She stated
this was crucial in making this bill something of value and not
dishonoring victims of a crime.
CHAIR LEDOUX said she likes this language but is trying to
understand how the legislature can be certain that this year and
years into the future there will be real money supporting these
programs. She pointed out that, although, the bill discusses
programs, how can the House Judiciary Standing Committee be
certain that at the end of the day, next year and years into the
future, there will be actual dollars to implement these
programs. She questioned how the committee can be certain these
programs are not simply skeletal.
2:06:42 PM
REPRESENTATIVE MILLETT responded that the question has been
heard throughout committee hearings and the public's concerns
that "we're going to do these changes in our criminal code and
what is the benefit if we do have, I think, one anticipated
1,400 less people incarcerated and that would be a cost savings
to the State of Alaska and would that money roll back in." She
opined that when prisoners are released and don't recidivate
that is a cost saving measure, but the only way they will not
return to prison is if the state has those programs in place.
Consequently, the state will not see the benefit of reinvestment
if it doesn't reinvest; therefore, the hook is that the programs
must be in place. She offered that for the betterment of safer
communities, those investments are assured by the fact that the
state is letting people out of jail that can assimilate into the
communities and not return to jail. Data driven information
shows that reinvestment has worked in other states, and "I think
Corrections, the governor's bought into this, I think
Corrections has bought into this, the court system, the law. I
think the legislature is moving towards buying into that
theory." She said she has pondered where to put the hook in the
bill where they have to reinvest, and noted it will be up to the
legislature and all of the parties supporting this throughout
government to make sure reinvestment happens and that that is
the only way this bill works.
2:08:21 PM
CHAIR LEDOUX expressed that, clearly, she is aware that is the
only way the bill works. She related that during this session
of the legislature she is fairly comfortable there will be money
to support the reinvestment pieces essential to the bill, if
this bill passes. She stressed that legislatures come and go,
governors come and governors go, and asked whether there is not
a way to make sure that ...
2:09:26 PM
REPRESENTATIVE KELLER interjected that this is an ongoing
process and he agreed it will be difficult to determine exactly
what will save money and what will not, but for the committee's
judgment sake in moving forward, this is a work in progress and
it will take the [efforts of the] legislature and all parties.
There is still an indicator out there that the committee can
work with even if it can't come up with exact numbers of what
should be spent where. He related that the committee will have
to press on and collaborate to make progress, and acknowledged
that to totally reinvest every dollar saved is wishful thinking
even in real life as it is nebulous moving targets.
REPRESENTATIVE MILLETT added there will be continued oversight
through the Alaska Criminal Justice Commission and it will
report back yearly on the status of the programs, recidivism,
and reinvestment portion. The legislature can then review the
baseline and determine how reinvestment is working and whether
the state is meeting the missions and measures compared to the
data shown that this will work and work well.
2:11:48 PM
CHAIR LEDOUX removed her objection. There being no further
objection, Amendment 2 was adopted.
2:11:57 PM
REPRESENTATIVE MILLETT moved to adopt Amendment 3, Version 29-
LS0896\H.51, Gardner, 3/31/16, which read:
Page 23, line 2:
Delete "sexual offense"
Insert "sex offense"
Page 23, line 8:
Delete ""sexual offense""
Insert ""sex offense""
Page 23, line 9:
Delete "AS 11.41.410 - 11.41.470"
Insert "AS 12.63.100"
CHAIR LEDOUX objected for purposes of discussion.
2:12:17 PM
MS. ABBOTT offered that the Department of Law (DOL) pointed out
there was an inconsistency in the use of sex offense as a
definition in the bill. She referred to page 23, lines 2, 8,
and 9, which discusses citation versus arrest, and said a
drafting error used a more limited definition of sexual offense.
The Department of Law pointed out that the intent was probably
to use the broader definition of sex offense and the amendment
captures a broader category of what is considered to be an
actual sex offense, she explained.
2:13:08 PM
CHAIR LEDOUX removed her objection. There being no further
objection, Amendment 3 was adopted.
2:13:22 PM
REPRESENTATIVE MILLETT moved to adopt Amendment 4, Version 29-
LS0896\H.21, Martin/Gardner, 3/29/16, which read:
Page 40, lines 3 - 6:
Delete all material and insert:
"(1) 10 [25] years for a [FELONY] sex
offense; [OR]
(2) five years for an unclassified felony
under AS 11 that is not a sex offense;
(3) three [10] years for a felony [ANY
OTHER] offense not listed in (1) or (2) of this
subsection;"
Renumber the following paragraphs accordingly.
Page 42, following line 1:
Insert a new subsection to read:
"(n) In this section, "sex offense" has the
meaning given in AS 12.63.100."
CHAIR LEDOUX objected for purposes of discussion.
2:13:29 PM
REPRESENTATIVE MILLETT said that amendment relates to maximum
probation for sex offenders.
MS. ABBOTT explained that the amendment changes the maximum
probation terms that were recommended by the Alaska Criminal
Justice Commission. The commission recommendation was based on
data showing that people were most likely to violate their terms
of release within the first few months of release. The
commission recommended that probation terms be shortened so as
to frontload resources to people recently released and most
likely to violate their conditions of release. By shortening
some of these terms it would limit supervision the probation
officers have over some offenders, she said. She related that
Laura Brooks, Department of Correction explained the difference
between regular probation and the terms of probation many sex
offenders have. Ms. Brooks spoke specifically about making
polygraph testing compulsory in the release of sex offenders,
and how it assisted with the containment model of sex offenders.
It was then decided there could be positive implications in
adding to the length of probation a sex offender would receive
upon their release. Thereby, building on the containment model
and allowing DOC to continue to oversee and contain sex
offenders. A portion of the containment model includes many of
the tools in place, such as the sex offender registry, and it
ensures that people begin to restrict themselves as to where
they go, where they live, and what they live around. She
explained that extension of their probation terms assists within
their specific probation.
2:16:07 PM
CHAIR LEDOUX advised that in current law it is 25-years.
MS. ABBOTT agreed.
CHAIR LEDOUX referred to the committee substitute before the
committee and noted it is five years, and this amendment
increases that number to ten years of probation. Within the
committee substitute there isn't any time for an unclassified
felony under AS 11 that is not a sex offense. She asked for an
explanation regarding unclassified felonies under AS 11 that are
not a sex offense.
MS. ABBOTT said an example of an unclassified felony would be
murder.
CHAIR LEDOUX surmised there is five years of probation for
murder and, yet, ten years for a sex offense. She asked why
there shouldn't be as much time for murder as for a sex offense,
and stressed that sex offenses are enormously bad, but if there
is anything worse she guessed it would be murder.
MS. ABBOTT offered that the accommodation for a sex offense was
not necessarily based upon the gravity of the crime, but rather
for these specific requirements and containment model for sex
offenders. She said she is unaware of any special probation
terms someone who committed an unclassified felony would
receive, and she deferred to one of the experts from the
departments. However, she added the exception for sex offenders
was to attempt to accommodate the polygraphing, for instance,
that a sex offender would receive while on probation.
2:18:40 PM
REPRESENTATIVE CLAMAN commented that one of the practical
realities is that the average sentences for first and second
degree murder are usually considerably longer than the average
sentences for sex offenses. Therefore, sex offenders are more
likely to be back in the community on supervision and
consequently there is an interest in having the longer
supervision on sex offenders. Whereas, the person who commits
first degree murder never gets out of prison and to the extent
they do, they are likely to be on stringent conditions of parole
that would go far longer than the conditions on probation. He
opined that part of the reason there is not as much concern for
the unclassified felonies that are not sex offenses is that they
are likely on supervision under other terms.
2:19:31 PM
CHAIR LEDOUX said that makes sense. She then referred to [page
1, lines 6-7 of the amendment] subsection (3), which read:
(3) three [10] years for a felony [ANY
OTHER] offense not listed in (1) or (2) of this
subsection;
CHAIR LEDOUX asked how subsection (3) changes things from either
current law or from the committee substitute before the
committee.
MS. ABBOTT offered that subsection (3) refers to felony offenses
that are not listed in subsections (1) or (2). She then
referred to [Sec. 69, AS 12.55.090(c)(1)], page 40, lines 3-6 of
the bill, which read:
(1) five [25] years for an unclassified
felony under AS 11 or a felony sex offenses; [OR]
(2) three [10] years for a felony [ANY
OTHER] offense not listed in (1) of this subsection;
MS. ABBOTT stated that under current law the maximum probation
term for those offenses is ten-years, and within the committee
substitute before the committee is set to three-years. She
reiterated that along the lines of the recommendation, the best
use of probation resources is at the beginning of the probation
term, as opposed to the end when people are more likely to abide
by the conditions of their release.
CHAIR LEDOUX remarked that this doesn't really change things
much from the committee substitute other than adding subsection
(2) into the amendment and, consequently, the need to include
subsection (3). She noted that she saw someone nodding and
concluded that she must be correct.
CHAIR LEDOUX removed her objection. There being no further
objection, Amendment 4 was adopted.
2:21:16 PM
REPRESENTATIVE MILLETT moved to adopt Amendment 5, Version 29-
LS0896\H.22, Martin/Gardner, 3/29/16, which read:
Page 82, line 2:
Delete "in a treatment program or [,]"
Insert "[IN A TREATMENT PROGRAM,]"
Page 82, line 4, following "monitoring":
Insert "or in a treatment program"
CHAIR LEDOUX objected for purposes of discussion.
2:21:25 PM
REPRESENTATIVE MILLETT advised that the amendment is credit
toward good time served in treatment.
MS. ABBOTT explained that the amendment follows a line of
discussion within this committee with regard to allowing
[credit] to people serving a portion of their sentence on
Department of Corrections (DOC) electronic monitoring, and that
the term is eligible to be applied toward the person's
incarcerated good time. Therefore, time spent on electronic
monitoring would be counted as time spent incarcerated or time
served to allow for the one-third deduction that many receive
for good time. Based upon the drafting of the bill, she said,
the committee previously discussed that it was strange to simply
carve out electronic monitoring and not also carve out time
spent in the Department of Corrections mandated treatment
programs. The amendment allows for the treatment portion as
well as electronic monitoring to be applied toward good time.
She clarified that while the committee previously discussed the
application of pretrial electronic monitoring, this [amendment]
is once someone has been sentenced.
CHAIR LEDOUX removed her objection. There being no further
objection, Amendment 5 was adopted.
2:23:11 PM
REPRESENTATIVE MILLETT moved to adopt Amendment 6, Version 29-
LS0896\H.37, Gardner, 3/30/16, which read:
Page 46, line 8, following "victim":
Insert "(i)"
Page 46, following line 9:
Insert a new sub-subparagraph to read:
"(ii) was 16 years of age or older, one to
three years;"
CHAIR LEDOUX objected for purposes of discussion.
2:23:20 PM
REPRESENTATIVE MILLETT advised that this amendment was the
result of discussions within the committee and conversations
with victims dealing with negligent homicide and sentencing.
MS. ABBOTT advised there two carve outs, one in existing statute
and one suggested within this amendment specifically for
negligent homicide. Currently, negligent homicide is a class B
felony and the Alaska Criminal Justice Commission recommended
that the presumptive sentencing range for class B felonies be
zero to two years. Under current statute, the exception is if
the victim is under 16-years of age the presumptive range for
negligent homicide is two to four years. The intent was to add
an additional carve out for negligent homicide for victims over
16-years of age; therefore, a second category was created on
page 1, line 6 of the amendment, which read:
(ii) was 16 years of age or older,
one to three years;
MS. ABBOTT said negligent homicide would be a presumptive range
of one to three years if the victim is older than 16-years of
age, and preserving the two to four year presumptive range if
the victim is under 16-years of age.
CHAIR LEDOUX asked whether this would be a more severe sentence
than under current law.
MS. ABBOTT answered that this preserves the current presumptive
range for class B felonies.
REPRESENTATIVE MILLETT added that it started at zero and this
preserves the current statute for the under 16-years of age
portion.
2:25:23 PM
REPRESENTATIVE CLAMAN said, "I think what we're doing is under
the -- for negligent homicide, for somebody that killed an adult
and was convicted of negligent homicide, the one to three year
presumptive range is that presumptive range for negligent
homicide today. But, for class B felonies that are not
negligent homicide, and I don't want to try to list them, the
presumptive term would be zero to two consistent with the
recommendations of the commission." Negligent homicide is
staying the same as current law, he said.
2:26:01 PM
REPRESENTATIVE KREISS-TOMKINS asked approximately how many
people are charged with this class of negligent homicide because
it is helpful to have a sense of scale of how many people
annually would be affected by this.
MS. ABBOTT remarked that off the top of her head she could not
say the number of people sentenced with negligent homicide.
Although, she advised, some of the data has shown that most
people sentenced with negligent homicide receive the higher end
of the presumptive range and most are able to escape that
presumptive range in the case of an aggravator. Therefore, she
said, the vast majority of people sentenced for negligent
homicide actually do receive punishments greater than the
presumptive range.
CHAIR LEDOUX removed her objection. There being no further
objection, Amendment 6 was adopted.
2:27:18 PM
CHAIR LEDOUX moved to adopt Amendment 7, Version 29-LS0896\H.34,
Martin/Gardner, 3/30/16, which read: [Amendment 7 provided at
the end of the minutes of HB 205.]
REPRESENTATIVE MILLETT objected for discussion purposes.
2:27:37 PM
CHAIR LEDOUX explained that Amendment 7 basically clarifies that
someone cannot be prosecuted for sex trafficking of themselves.
She said she was approached by people representing sex workers
who advised her that this actually happened in Fairbanks.
Initially, she offered, she was skeptical because it was
ludicrous that anyone could actually be charged with trafficking
of themselves. But, she related, there was actually a case and
although she had been told it was a mistake, this amendment
ensures that no mistakes like this happen again.
2:28:33 PM
REPRESENTATIVE LYNN asked whether Amendment 7 is similar to
Amendment 8.
CHAIR LEDOUX pointed out that Amendment 8 is Representative
Lynn's amendment. She opined that his amendment shields someone
from prosecution who reports someone else for sex trafficking.
She offered that both amendments protect the same group of
people but yet there are distinct and separate issues.
CHAIR LEDOUX, in response to Representative Lynn, stated that
one amendment does not negate the other.
REPRESENTATIVE MILLETT removed her objection. There being no
further objection, Amendment 7 was adopted.
2:30:01 PM
The committee took an at-ease from 2:30 to 2:35 p.m.
2:35:27 PM
REPRESENTATIVE LYNN moved to adopt Amendment 8, Version 29-
LS0896/H.19, Martin/Gardner, 3/25/16, which read: [Amendment 8
provided at the end of the minutes of HB 205.]
CHAIR LEDOUX objected for purposes of discussion.
2:35:34 PM
REPRESENTATIVE LYNN said that this amendment is similar to
Senator Lesil McGuire's amendment to the senate version of this
bill. He noted that it is aimed at protecting sex workers, such
as prostitutes who, in good faith, report to law enforcement any
of the 1-21 types of violent crimes listed on the amendment.
Thereby, preventing sex workers from being charged with certain
types of misdemeanors, such as prostitution, as a result of
making a good faith report. He pointed out it does not offer
immunity for other crimes or from future acts of prostitution.
He described the amendment as a common sense step toward getting
actual and proper information to the police without unjustly
charging the reporter of the crime.
2:36:26 PM
REPRESENTATIVE KELLER called attention to [AS
11.66.100(e)(1)(H)] subsection (H), page 1, line 14 of Amendment
8, which read:
(H) assault in the fourth degree under AS
11.41.230;
REPRESENTATIVE KELLER asked whether the intent is to stop
prosecution of prostitution when there is a report of sexual
assault in the fourth degree. He read the definition, "by words
or other conduct that person recklessly places another person in
fear of imminent physical injury," which appears to be an easy
thing to report. He added that he likes the amendment but
subsection (H) offers the possibility of becoming a tool.
REPRESENTATIVE LYNN asked for assistance with regard to the
definition and asked whether a person saying "BOO" to a
prostitute "would cause them not to prosecute him?"
REPRESENTATIVE KELLER related that that was the question he was
asking Representative Lynn.
2:38:15 PM
REPRESENTATIVE CLAMAN opined that the intent is to provide a
degree of safety to sex workers who feel they have been
assaulted and do not report the assault for fear of arrest for
prostitution. He pointed out that there is substantial evidence
about physical and sexual abuse that occurs to sex workers, and
[the definition] of fourth degree assault is putting someone in
fear and not actually injuring them. He offered that he has
read reports of people who are never physically injured but are
threatened by pimps, and others trying to control the
prostitutes, by actually placing them in fear. He added that
this is a significant area in which the state is trying to
provide protection to sex workers because pimps can tell
prostitutes the pimp will never be arrested because the
prostitute has no injuries, and the prostitute will be arrested
because the police will not believe her.
REPRESENTATIVE LYNN said that in addition to Representative
Claman's testimony, offered scenarios of, "Johns" showing the
prostitute pictures of child pornography or someone bringing an
11 or 12-year old girl into the room and, rather than the "John"
being arrested, if the prostitute reports those activities in
good faith, the prostitute could be arrested. The seriousness
must be examined of what goes in some of these situations, and
the state needs to protect the general public and sometimes in
order to make that happen the reporter must be protected, he
stressed.
2:40:45 PM
REPRESENTATIVE CLAMAN agreed, and he also stressed that this
amendment does not legalize prostitution. He reminded the
committee that as a general concept, prostitutes usually are not
anxious to visit their local law enforcement office.
2:41:25 PM
REPRESENTATIVE KELLER moved to adopt Amendment 1 to Amendment 8,
such that the language on Amendment 8, page 1, line 14, would
read, "(H) assault in the fourth degree under AS 11.41.230(a)(1)
and (a)(2)." He expressed concern that a door is being opened
for an abuse as to what is intended, and suggested solving the
problem by deleting [AS 11.41.230(a)(3)], which read: "(3) by
words or other conduct that person recklessly places another
person in fear of imminent physical injury."
CHAIR LEDOUX objected for purposes of discussion.
2:42:33 PM
REPRESENTATIVE LYNN asked Representative Keller to explain what
he is attempting to remove.
REPRESENTATIVE KELLER related that he foresees a situation with
prostitution wherein it becomes the norm or the excuse is
"somebody said BOO," and; therefore, there is no consequence for
prostitution. He asked whether "this legalizes what it means in
there for legalizing prostitution." He opined that his question
should be on the table even if the committee decides to proceed
with it.
REPRESENTATIVE CLAMAN asked for clarification that "it would
basically take assault in the fourth degree out of the crimes
that were -- in which there is an exemption."
REPRESENTATIVE KELLER stated, "negative" and clarified that
under proposed Amendment 1 to Amendment 8, [the following would
be excluded from the proposed new Section 32]: (3) by words or
other conduct that person recklessly places another person in
fear of imminent physical injury.
REPRESENTATIVE CLAMAN surmised that a person couldn't get it for
a fear assault, but the person could get it for a physical
assault.
REPRESENTATIVE KELLER replied, right.
2:44:20 PM
A roll call vote was taken. Representative Keller voted in
favor of Amendment 1 to Amendment 18. Representatives Lynn,
Claman, Kreiss-Tomkins, LeDoux voted against it. Therefore,
Amendment 1 to Amendment 8 failed by a vote of 1-4.
2:45:18 PM
CHAIR LEDOUX removed her objection to Amendment 8. There being
no further objection, Amendment 8 was adopted.
2:45:38 PM
REPRESENTATIVE KREISS-TOMKINS, on behalf of Representative
Millett [who was presently out of the committee room], moved to
adopt Amendment 9, labeled 29-LS0896\H.26, Martin/Gardner,
3/29/16, which read as follows: [Amendment 9 is provided at the
end of the minutes of HB 205.]
2:45:47 PM
The committee took an at-ease from 2:45 to 2:47 p.m.
2:46:56 PM
CHAIR LEDOUX asked Representative Kreiss-Tomkins to withdraw his
motion to adopt Amendment 9 to allow Representative Millett to
offer a subsequent amendment, which Chair LeDoux announced would
be called Conceptual Amendment 9.
REPRESENTATIVE KREISS-TOMKINS withdrew his motion to adopt
Amendment 9.
2:47:25 PM
REPRESENTATIVE MILLETT moved to adopt Conceptual Amendment 9.
[Conceptual Amendment 9 read the same as the withdrawn Amendment
9 - text provided at the end of the minutes of HB 205 - with one
handwritten/typed change, as follows]: On page 1, beginning on
line 11, [as numbered on Conceptual Amendment 9], following
"officer", the words, "of violations of conditions of bail
release or probation." would be replaced with, "if the person is
discharged from the program."
CHAIR LEDOUX objected for purposes of discussion.
2:47:32 PM
REPRESENTATIVE MILLETT advised that Ms. Abbott will explain the
intent of Conceptual Amendment 9, while Mr. Steiner will speak
to the reason for the conceptual change on page 1, lines 11-12,
[as numbered on the amendment].
MS. ABBOTT stated that the intent of Conceptual Amendment 9 is
to set standards for treatment programs that can be used toward
credit of an individual's sentence of imprisonment. She [drew
attention to a proposed new bill Section 62, which, under
Conceptual Amendment 9, would be inserted on page 36, following
line 14, of HB 205], and she noted it addresses criminogenic
traits or behaviors, provides measures of progress or
completion, and requires notification to the court or probation
officer "if the person is discharged from the program." These
standards would help the courts as well as the Department of
Corrections potentially expand but also limit the treatment
programs that someone could use as credit toward their term of
imprisonment. It allows the legislature and public to know and
understand the treatment programs people are using toward credit
for their time in prison, and that they are of the quality the
state [expects] and are meeting certain standards.
2:49:28 PM
CHAIR LEDOUX referred to page 1, lines 11-12 of Amendment 8,
which read:
(3) required notification to the court
or probation officer if the person is discharged from
the program.
CHAIR LEDOUX asked whether "discharged" meant the person is
kicked out of the program or has successfully completed the
program.
MS. ABBOTT replied that it would be if the person is kicked out
of the program, if for some reason they have not met the goals
or obligations, or do not successfully complete the program.
She said she supposed it could apply to people who have
completed the amount of time allotted but don't meet the goals,
objectives, standards, or they challenge the rules.
CHAIR LEDOUX surmised that it means "flunked the program" for
one reason or another.
MS. ABBOTT answered flunked or asked to leave.
CHAIR LEDOUX offered that she like it conceptually but was
unsure about the language.
2:50:47 PM
QUINLAN STEINER, Director, Central Office, Public Defender
Agency (PDA), Department of Administration (DOA), noted that in
reviewing the original draft in withdrawn Amendment 9 [the
language changed under Conceptual Amendment 9] required that the
program report someone for any bail violation and often the bail
term will be to comply with the requirements of the treatment
program. Therefore, any little rule violation might then
constitute a bail violation for which a person would not receive
credit and it is fairly common to have little rule violations
that are corrected as part of the program. In the event the
violations pile up to where someone is in non-compliance then
they will be discharged from the program. He added, "Just in
reading it, I thought that was more of what was targeted by this
amendment so I suggested the change in language, and I think
this would accomplish that."
CHAIR LEDOUX related that where the amendment is trying to go
makes a lot of sense. Although, she said, she did not
legitimately know whether "discharged" meant the program had
been completed or the person had flunked it. She then indicated
that she believes Representative Claman will come up with a
word.
2:52:08 PM
REPRESENTATIVE CLAMAN noted that he does not have a word in
mind, but offered his understanding that "the language that is
in the Amendment 9 is the exact language that was introduced and
approved in the Senate ... in the other body." He opined that
the balance they are trying to strike is that when someone is in
a treatment program for criminogenic traits and needs the
treatment, the concern from the public safety perspective is
that if the only triggering event to contact the court or
probation office is that the person is discharged, then it
leaves too much discretion to the program. Thereby, it runs the
risk that the courts will no longer approve the probation
release because some courts will actually want more notification
than just discharge. He expressed that he has real concerns
with Conceptual Amendment 9.
2:53:24 PM
REPRESENTATIVE MILLETT suggested using "non-compliant" rather
than "discharged" and the language would read that the person is
non-compliant in the program.
MR. STEINER advised that the suggestion of using language like
"discharged as non-compliant" would be appropriate. He referred
to the language "violation of conditions of bail release or
probation" [which would be deleted under Conceptual Amendment
9], commented that there may also be other conditions of bail
unrelated to the program itself, and if that were a condition
"that they sort of essentially act as the pretrial bail officer
or supervising officer," the program is not going to accept
people for credit under those circumstances. He added, "I think
a substantial number of programs wouldn't, and that would, I
think, again, further undermine the intent of the amendment."
CHAIR LEDOUX related that she understands "discharged as non-
compliant" because a person can be discharged from the Army or
prison. She then asked Representative Claman whether that would
solve his concerns.
REPRESENTATIVE CLAMAN offered his understanding that Christy
Willer, a representative from one of these programs was
available, and indicated that he would like to hear from her.
He queried Ms. Willer as to whether she had received a copy of
Conceptual Amendment 9, and was willing to address the changes
proposed under it.
2:55:42 PM
CHRISTY WILLER, Chief Operating Officer, Cook Inlet Tribal
Council, questioned whether a change to the language would
require "a conference." In response to Representative Claman,
she indicated that it would helpful [to view the language before
making comments].
2:56:04 PM
The committee took an at-ease from 2:56 to 2:58 p.m.
2:58:06 PM
CHAIR LEDOUX advised that the committee would take up the
discussion of Conceptual Amendment 9 at its next meeting. [The
motion to adopt Conceptual Amendment 9, with an objection by
Chair LeDoux, was left pending.]
[HB 205 was held over.]
AMENDMENTS
The following Amendments 1, 2, 7, 8, 9, to HB 205 were either
discussed or adopted during the hearing. [Shorter amendments
are provided within the main text only.]
AMENDMENT 1 [29-LS0896\H.20, Martin/Gardner, 3/29/16]
Page 36, lines 1 - 14:
Delete all material.
Renumber the following bill sections accordingly.
Page 97, line 29:
Delete "sec. 66"
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Page 103, line 1:
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Page 103, line 6:
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Page 103, line 11:
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Insert "sec. 155(b)"
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Insert "sec. 155(b)"
Page 103, line 17:
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Insert "sec. 155(c)"
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Insert "sec. 66"
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Insert "sec. 155(d)"
Page 103, line 23:
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Insert "sec. 80"
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Insert "sec. 155(e)"
Page 103, line 26:
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Insert "sec. 98"
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Insert "sec. 155(f)"
Page 103, lines 29 - 30:
Delete "62, 65, 67, 69, 73, 76 - 88, 91, 93 - 95,
134, 135, 143 - 151, and 155"
Insert "61, 64, 66, 68, 72, 75 - 87, 90, 92 - 94,
133, 134, 142 - 150, and 154"
Page 103, line 31, through page 104, line 1:
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98, 100 - 133, and 136 - 140"
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97, 99 - 132, and 135 - 139"
Page 104, line 2:
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Page 104, line 4:
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Insert "62, 98, 141, 151 - 153, and 155(f)"
AMENDMENT 2 [29-LS0896\H.14, Martin/Gardner, 3/25/16]
Page 96, following line 21:
Insert new bill sections to read:
"* Sec. 152. AS 47.38.100(a) is amended to read:
(a) The recidivism reduction program is
established to promote the rehabilitation [THROUGH
TRANSITIONAL RE-ENTRY PROGRAMS] of persons on
probation or parole or incarcerated for offenses and
recently released from correctional facilities.
* Sec. 153. AS 47.38.100(b) is amended to read:
(b) The commissioner, in cooperation with the
Alaska Criminal Justice Commission established in AS
44.19.641 [COMMISSIONER OF CORRECTIONS], may provide
for programs that have, as a primary focus,
rehabilitation and reduction of recidivism [THROUGH
TRANSITIONAL RE-ENTRY] for persons on probation or
parole or incarcerated for offenses and recently
released from correctional facilities. The
commissioner may enter into contracts to provide for
programs under this section. An eligible [A] program
under this section must accomplish at least one of the
following objectives:
(1) increasing access to evidence-based
rehabilitation programs, including drug and alcohol
treatment, mental health treatment, and cognitive
behavioral programs; or
(2) supporting offenders' transition and
re-entry from correctional facilities to the
community, including transitional housing services,
employment services, vocational training, educational
support, counseling, and medical care [INCLUDE CASE
MANAGEMENT;
(2) REQUIRE SOBER LIVING;
(3) PROVIDE, ON-SITE OR BY REFERRAL,
TREATMENT FOR SUBSTANCE ABUSE OR MENTAL HEALTH
TREATMENT;
(4) REQUIRE EMPLOYMENT, EDUCATIONAL
PROGRAMMING, VOCATIONAL TRAINING, OR COMMUNITY
VOLUNTEER WORK AS APPROVED BY THE DIRECTOR OF THE
TREATMENT PROGRAM; AND
(5) LIMIT RESIDENTIAL PLACEMENTS IN THE
PROGRAM TO A MAXIMUM OF ONE YEAR].
* Sec. 154. AS 47.38.100 is amended by adding a new
subsection to read:
(d) In this section, "evidenced-based" means a
program or practice that offers a high level of peer-
reviewed data on effectiveness."
Renumber the following bill sections accordingly.
Page 98, following line 12:
Insert a new bill section to read:
"* Sec. 160. The uncodified law of the State of
Alaska is amended by adding a new section to read:
COUNCIL ON DOMESTIC VIOLENCE AND SEXUAL ASSAULT.
The Council on Domestic Violence and Sexual Assault
established in AS 18.66.010 shall create or expand
community-based violence prevention programming and
services for victims of a crime involving domestic
violence or sexual assault in the fiscal year ending
June 30, 2017. In this section "domestic violence" and
"sexual assault" have the meanings given to those
terms in AS 18.66.990."
Renumber the following bill sections accordingly.
Page 102, line 15:
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Insert "secs. 155 - 157"
Page 102, line 16:
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Insert "155 - 157"
Page 103, line 6:
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Insert "sec. 155"
Page 103, line 8:
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Insert "sec. 159(a)"
Page 103, line 11:
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Insert "sec. 159(b)"
Page 103, line 14:
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Insert "sec. 159(b)"
Page 103, line 17:
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Insert "sec. 159(c)"
Page 103, line 20:
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Insert "sec. 159(d)"
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Insert "sec. 159(e)"
Page 103, line 26:
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Insert "sec. 159(f)"
Page 103, lines 29 - 30:
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Insert "158"
Page 104, line 2:
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Insert "sec. 155"
Page 104, line 4:
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Insert "155 - 157, and 159(f)"
AMENDMENT 7 [29-LS0896\H.34, Martin/Gardner, 3/30/16]
Page 14, following line 20:
Insert new bill sections to read:
"* Sec. 32. AS 11.66.110(a) is amended to read:
(a) A person commits the crime of sex
trafficking in the first degree if the person
(1) induces or causes another [A] person to
engage in prostitution through the use of force;
(2) as other than a patron of a prostitute,
induces or causes another [A] person who is under 20
years of age to engage in prostitution; or
(3) induces or causes a person in that
person's legal custody to engage in prostitution.
* Sec. 33. AS 11.66.130(a) is amended to read:
(a) A person commits the crime of sex
trafficking in the third degree if, with intent to
promote prostitution, the person
(1) manages, supervises, controls, or owns,
either alone or in association with others, a place of
prostitution;
(2) as other than a patron of a prostitute,
induces or causes another [A] person who is 20 years
of age or older to engage in prostitution;
(3) as other than a prostitute receiving
compensation for personally rendered prostitution
services, receives or agrees to receive money or other
property under an agreement or understanding that the
money or other property is derived from prostitution;
or
(4) engages in conduct that institutes,
aids, or facilitates a prostitution enterprise.
* Sec. 34. AS 11.66.130 is amended by adding a new
subsection to read:
(c) A person does not act with the intent to
promote prostitution under (a) of this section if the
person
(1) engages in prostitution in violation of
AS 11.66.100(a) in a location even if that location is
shared with another person; and
(2) has not induced or caused another
person in that location to engage in prostitution.
* Sec. 35. AS 11.66.135 is amended by adding a new
subsection to read:
(c) A person does not institute, aid, or
facilitate prostitution if the person
(1) engages in prostitution in violation of
AS 11.66.100(a) in a location even if that location is
shared with another person; and
(2) has not induced or caused another
person in that location to engage in prostitution."
Renumber the following bill sections accordingly.
Page 97, line 18:
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Page 97, line 22:
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Insert "sec. 55"
Page 97, line 23:
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Page 97, line 29:
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Page 98, line 1:
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Page 98, line 2:
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Page 98, line 5:
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Page 98, line 8:
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Page 99, line 6:
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Page 99, line 7:
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Page 99, line 8:
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Page 99, line 9:
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Page 99, line 10:
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Page 99, line 15:
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Page 99, line 16:
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Page 99, following line 24:
Insert "(1) AS 11.66.110(a), as amended by sec.
32 of this Act;
(2) AS 11.66.130(a), as amended by sec. 33
of this Act;
(3) AS 11.66.130(c), as amended by sec. 34
of this Act;
(4) AS 11.66.135(c), as amended by sec. 35
of this Act;"
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Page 99, line 25:
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Page 103, line 6:
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Page 103, line 8:
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Insert "sec. 54"
Delete "sec. 156(a)"
Insert "sec. 160(a)"
Page 103, line 11:
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Insert "sec. 160(b)"
Page 103, line 14:
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Insert "sec. 160(b)"
Page 103, line 17:
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Insert "sec. 70"
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Insert "sec. 160(c)"
Page 103, line 20:
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Insert "sec. 71"
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Insert "sec. 160(d)"
Page 103, line 23:
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Insert "sec. 85"
Delete "sec. 156(e)"
Insert "sec. 160(e)"
Page 103, line 26:
Delete "sec. 99"
Insert "sec. 103"
Delete "sec. 156(f)"
Insert "sec. 160(f)"
Page 103, lines 29 - 30:
Delete "28 - 40, 61, 62, 65, 67, 69, 73, 76 - 88,
91, 93 - 95, 134, 135, 143 - 151, and 155"
Insert "28 - 44, 65, 66, 69, 71, 73, 77, 80 - 92,
95, 97 - 99, 138, 139, 147 - 155, and 159"
Page 103, line 31, through page 104, line 1:
Delete "Sections 58 - 60, 66, 68, 70 - 72, 74,
75, 89, 90, 92, 96 - 98, 100 - 133, and 136 - 140"
Insert "Sections 62 - 64, 70, 72, 74 - 76, 78,
79, 93, 94, 96, 100 - 102, 104 - 137, and 140 - 144"
Page 104, line 2:
Delete "sec. 152"
Insert "sec. 156"
Page 104, line 4:
Delete "41 - 57, 63, 99, 142, 152 - 154, and
156(f)"
Insert "45 - 61, 67, 103, 146, 156 - 158, and
160(f)"
AMENDMENT 8 [29-LS0896\H.19, Martin/Gardner, 3/25/16]
Page 14, following line 20:
Insert a new bill section to read:
"* Sec. 32. AS 11.66.100 is amended by adding a new
subsection to read:
(e) A person may not be prosecuted under (a)(1)
of this section if the
(1) person witnessed or was a victim of,
and reported to law enforcement in good faith, one or
more of the following crimes:
(A) murder in the first degree under AS
11.41.100;
(B) murder in the second degree under AS
11.41.110;
(C) manslaughter under AS 11.41.120;
(D) criminally negligent homicide under AS
11.41.130;
(E) assault in the first degree under AS
11.41.200;
(F) assault in the second degree under AS
11.41.210;
(G) assault in the third degree under AS
11.41.220;
(H) assault in the fourth degree under AS
11.41.230;
(I) sexual assault in the first degree
under AS 11.41.410;
(J) sexual assault in the second degree
under AS 11.41.420;
(K) sexual assault in the third degree
under AS 11.41.425;
(L) sexual assault in the fourth degree
under AS 11.41.427;
(M) sexual abuse of a minor in the first
degree under AS 11.41.434;
(N) sexual abuse of a minor in the second
degree under AS 11.41.436;
(O) sexual abuse of a minor in the third
degree under AS 11.41.438;
(P) sexual abuse of a minor in the fourth
degree under AS 11.41.440;
(Q) robbery in the first degree under AS
11.41.500;
(R) robbery in the second degree under AS
11.41.510;
(S) extortion under AS 11.41.520;
(T) coercion under AS 11.41.530;
(U) distribution of child pornography under
AS 11.61.125;
(V) possession of child pornography under AS
11.61.127;
(W) sex trafficking in the first degree
under AS 11.66.110;
(X) sex trafficking in the second degree
under AS 11.66.120;
(Y) sex trafficking in the third degree
under AS 11.66.130; or
(Z) sex trafficking in the fourth degree
under AS 11.66.135;
(2) evidence supporting the prosecution
under (a)(1) of this section was obtained or
discovered as a result of the person reporting the
crime to law enforcement; and
(3) person cooperated with law enforcement
personnel."
Page 97, line 18:
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157(f)"
AMENDMENT 9 [26-LS0896\H.26, Martin/Gardner, 3/29/16]
Page 1, line 2, following "sentencing;":
Insert "relating to treatment program credit for
time spent toward service of a sentence of
imprisonment;"
Page 36, following line 14:
Insert a new bill section to read:
"* Sec. 62. AS 12.55.027 is amended by adding a new
subsection to read:
(f) To qualify as a treatment program under this
section, a program must
(1) be intended to address criminogenic
traits or behaviors;
(2) provide measures of progress or
completion; and
(3) require notification to the court or
probation officer of violations of conditions of bail
release or probation."
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Page 99, following line 10:
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"(26) AS 12.55.027(f), enacted by sec. 62
of this Act;"
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2:58:56 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:58 p.m.