Legislature(2017 - 2018)GRUENBERG 120
10/24/2017 06:00 PM House JUDICIARY
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| SB54 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
| += | SB 54 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
October 24, 2017
6:02 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Zach Fansler, Vice Chair
Representative Jonathan Kreiss-Tomkins
Representative Gabrielle LeDoux
Representative David Eastman
Representative Chuck Kopp
Representative Charisse Millett (alternate)
MEMBERS ABSENT
Representative Lora Reinbold
Representative Louise Stutes (alternate)
OTHER MEMBERS
Representative Geran Tarr
Representative Justin Parrish
Representative Andy Josephson
Representative Cathy Tilton
Representative George Rauscher
COMMITTEE CALENDAR
CS FOR SENATE BILL NO. 54(FIN)
"An Act relating to crime and criminal law; relating to
violation of condition of release; relating to sex trafficking;
relating to sentencing; relating to imprisonment; relating to
parole; relating to probation; relating to driving without a
license; relating to the pretrial services program; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 54
SHORT TITLE: CRIME AND SENTENCING
SPONSOR(s): SENATOR(s) COGHILL
02/10/17 (S) READ THE FIRST TIME - REFERRALS
02/10/17 (S) JUD, FIN
02/17/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/17/17 (S) Heard & Held
02/17/17 (S) MINUTE(JUD)
02/24/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/24/17 (S) -- MEETING CANCELED --
03/01/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/01/17 (S) Heard & Held
03/01/17 (S) MINUTE(JUD)
03/03/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/03/17 (S) Heard & Held
03/03/17 (S) MINUTE(JUD)
03/06/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/06/17 (S) -- MEETING CANCELED --
03/08/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/08/17 (S) Heard & Held
03/08/17 (S) MINUTE(JUD)
03/10/17 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
03/10/17 (S) Moved CSSB 54(JUD) Out of Committee
03/10/17 (S) MINUTE(JUD)
03/13/17 (S) JUD RPT CS 3DP 1NR NEW TITLE
03/13/17 (S) DP: COGHILL, COSTELLO, KELLY
03/13/17 (S) NR: MEYER
03/28/17 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/28/17 (S) Heard & Held
03/28/17 (S) MINUTE(FIN)
03/28/17 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/28/17 (S) Heard & Held
03/28/17 (S) MINUTE(FIN)
03/31/17 (S) FIN AT 9:00 AM SENATE FINANCE 532
03/31/17 (S) Heard & Held
03/31/17 (S) MINUTE(FIN)
03/31/17 (S) FIN AT 1:30 PM SENATE FINANCE 532
03/31/17 (S) -- MEETING CANCELED --
04/03/17 (S) FIN RPT CS 1DP 4NR 2AM NEW TITLE
04/03/17 (S) NR: MACKINNON, BISHOP, DUNLEAVY,
MICCICHE
04/03/17 (S) AM: HOFFMAN, OLSON
04/03/17 (S) DP: VON IMHOF
04/03/17 (S) FIN AT 9:00 AM SENATE FINANCE 532
04/03/17 (S) Moved CSSB 54(FIN) Out of Committee
04/03/17 (S) MINUTE(FIN)
04/07/17 (S) TRANSMITTED TO (H)
04/07/17 (S) VERSION: CSSB 54(FIN)
04/08/17 (H) READ THE FIRST TIME - REFERRALS
04/08/17 (H) STA, JUD, FIN
05/04/17 (H) STA AT 3:00 PM GRUENBERG 120
05/04/17 (H) <Bill Hearing Canceled>
10/23/17 (S) FOURTH SPECIAL SESSION BILL - SCR 401
10/23/17 (H) FOURTH SPECIAL SESSION BILL - SCR 401
10/23/17 (H) STA REFERRAL WAIVED Y25 N12 E2 A1
10/23/17 (H) STA AT 12:30 AM GRUENBERG 120
10/23/17 (H) -- MEETING CANCELED --
10/23/17 (H) JUD AT 1:00 PM GRUENBERG 120
10/23/17 (H) Heard & Held
10/23/17 (H) MINUTE(JUD)
10/24/17 (H) JUD AT 9:00 AM GRUENBERG 120
10/24/17 (H) JUD AT 6:00 PM GRUENBERG 120
WITNESS REGISTER
MIKE MCCARTHY
Homer, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
BURKE WALDRON
Bethel Chief of Police
Bethel, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
TODD SMOLDON
Matanuska-Susitna, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
NATHAN JACKSON
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
CHARLES MCKEE
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
LYNN WILLIS
Eagle River, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
JANET McCABE
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
BUTCH MOORE
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
JOANNE ERIKSEN
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
MEGAN STIMPSLE
Kawerak, Inc.
Nome, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
BYRON CHARLES
Ketchikan, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
CRIS EICHENLAUB
Eagle River, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
KATIE SEVIGNY
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
LYNETTE CLARK, Chairman
Alaska Independence Party
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
VANESSA VENEZIA, Medical Director
Fairbanks Memorial Hospital Behavioral Health Unit
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
PHIL SHANAHAN, Attorney
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
CYNTHIA STROUT, Attorney
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
ALBERT BERKE
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
DON HABEGAR, Community Coordinator
Juneau Reentry Coalition
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
WILL KRONICK
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
TALIA EAMES, Coordinator
Central Council
Tlingit and Haida Second Chance Reentry Program
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
CHRISTINE FURCY
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
JOSE DELEGADE
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
NINA GARRISON
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
MICHAEL ALBERTSON
North Pole, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
CAROL JANE ROOK
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
FRANCESSCA ALLEGREZZA
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
KRIS WILSON
North Pole, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
ELIZABETH FLEMING, Attorney
Kodiak, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
NATASHA SINGH
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
CAROL CARMAN
Palmer, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
CHERYL KAJBAN
Palmer, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
TARA BURNS
Community United for Safety and Protection (CUSP)
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
CRYSTAL GODBY
Community United for Safety and Protection (CUSP)
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
SEN TAN
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
SHERRY MILLER
Eagle River, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
MELINDA GANT
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
EDITH GRUNWALD
Palmer, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
TOM BRAUND
Sutton, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
JAMES CHRISTIE, Attorney
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
AMANDA HARBER
Bethel, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislature.
STEVE ST. CLAIR
Matanuska-Susitna, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
ABBY ST. CLAIR
Matanuska-Susitna, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
RAYMOND O'NEILL
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
CATHLEEN McLAUGHLIN, Director
Partner's Re-Entry Center
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
NORIA CLARK
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
TAMMY DUFF
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
RHONDA PITKA, Chief
Beaver, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
LEONARD MARTIN
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
LOI RICKER
Wasilla, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
LINDA SHARP
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
DEBORAH McINTYRE
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
PETE MLYNARIK, Chief of Police
Soldatna, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
MORGAN WHITE, Attorney
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
VICKI WALLNER, Founder
Stop Valley Thieves
Palmer, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
RUBY DEE BUCHANON
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
PAT TYSON
Wasilla, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
SHAWN WILLIAMS
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 91, offered
opposition to the legislation.
MIKE SHAFFER, Attorney
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
MAXINE DOOGAN
Community United for Safety and Protection
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
SEAN STRAUSS
Juneau, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
JOHN POWERS, Owner/Operator
Tudor Bingo Center
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
LARRY PARISH
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
AUDREY CUCULLU, Executive Coordinator
Kenai Peninsula Re-Entry Coalition
Kenai, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
KERRI BOSSARD
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, testified.
ELIZABETH THOMAS
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
MARY NANUWAK
Bethel, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
MARNA SANFORD, Attorney
Fairbanks, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
TERRIA WALTERS, Founder/President
Fallen Up Ministries
Palmer, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
support for the legislation.
MICHELLE BROWN
Anchorage, Alaska
POSITION STATEMENT: During the hearing of SB 54, offered
opposition to the legislation.
ACTION NARRATIVE
6:02:14 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 6:02 p.m. Representatives Claman, Fansler,
Eastman, Kopp, and Millett (alternate for Representative
Reinbold) were present at the call to order. Representatives
Kreiss-Tomkins and LeDoux arrived as the meeting was in
progress.
SB 54-CRIME AND SENTENCING
6:02:29 PM
CHAIR CLAMAN announced that the only order of business would be
SB 54 CS FOR SENATE BILL NO. 54(FIN), "An Act relating to crime
and criminal law; relating to violation of condition of release;
relating to sex trafficking; relating to sentencing; relating to
imprisonment; relating to parole; relating to probation;
relating to driving without a license; relating to the pretrial
services program; and providing for an effective date."
[CHAIR CLAMAN returned the committee to public testimony on SB
54.]
6:03:09 PM
MIKE McCARTHY advised that he has been a resident of Alaska for
30 years, and was involved in the criminal justice system in
Oregon and Alaska as a police officer, a detective, a supervisor
in investigations for 166 branches of a national bank, and he
holds a master's degree in the administration of justice. Mr.
McCarthy related that he supports SB 54, and pointed out that
the two primary factors causing the present crime spikes involve
the opioid epidemic and Alaska's fiscal crisis, which are joined
together. He described that Senate Bill 91 was a worthy effort
to curb crime, but without adequate funding it could only fail,
and SB 54 is one step toward a solution. He explained that the
other step is adding fiscal certainty by putting Alaska's fiscal
house in order. Namely, he advised, a state income tax to
finance public safety resources, which would include law
enforcement, prosecutors, pretrial and probation services, and
rehabilitation programs. It has been said, he commented, that
Alaska has no statewide tax, but in reality, every Alaskan pays
a tax in terms of their loss of quality of life whenever crimes
occur. He then pointed to a recent carjacking where the victim
was pulled out of a vehicle at gun point and pistol-whipped.
Although, he related, there was a recent bright bit of news when
Bryan Schroder, United States Attorney for the District of
Alaska, announced that the two perpetrators who robbed Anchorage
coffee stands recently, would be prosecuted for interfering with
state commerce because "the coffee beans were not grown in
Alaska." By that same reasoning, he remarked, the vehicle
involved in the recent carjacking was not manufactured in
Alaska, so that should qualify for a federal prosecution, as
well. He said he is fully in support of SB 54, and there needs
to be zero tolerance for violence and drug trafficking.
6:05:46 PM
BURKE WALDRON, Chief of Police, said he represents the Bethel
Police Department and the City of Bethel, and offered support
for SB 54. He said that he would like to reiterate the
testimony of the previous speaker from Homer, in that Senate
Bill 91 [passed in the Twenty-Ninth Alaska State Legislature]
was a noble effort in attempting to save money and the
reinvestment of that money in reducing future crimes. The
methodology [of criminal justice reform] requires an investment
of money upfront except, he pointed out, with the state's
current fiscal crisis, the state does not have the money to
invest upfront at this time. Also, he explained, not enough
time has been invested at this point to fully evaluate the
effects that Senate Bill 91 will have had on crime rates in the
state. In his capacity as Chief of Police, he said he could
advise that, at the street level, it is not uncommon to have
criminals laugh "in our faces and tell us that they will be out
of jail before we are, because of Senate Bill 91." He added
that he does not think it has been good for the kids that many
offenses were reduced to violations that previously were
misdemeanors. In Bethel, he related, an issue most obvious to
him are when parents or guardians endanger the welfare of a
minor by being intoxicated when "they are charged with
protecting kids." At this point, he related, that issue is a
non-arrestable offense, so the police officer can only write a
citation. He reminded the committee, that it takes a long time
to get other resources to protect the kids, and there is lack of
follow through due to the low-level of the crime. He reiterated
that he speaks in support of SB 54 because it is a good first
step in repairing some of the ineffectiveness of Senate Bill 91.
6:08:03 PM
TODD SMOLDON advised he was testifying on behalf of fellow
Alaskans and himself, and related that thousands of Alaskans
have expressed great concern over Senate Bill 91, and the
current discussion is how to fix a bad law that should not have
been passed in the first place. Hundreds of Alaskans have
spoken out asking the legislature to fix Senate Bill 91 except,
he related, no amount of amendments can fix the problems with
Senate Bill 91. He stated that the chair of the House Judiciary
Standing Committee had fast-tracked the discussions in committee
to such a degree that the representatives on the committee are
unable to receive their amendments from Legislative Legal and
Research Services. Members of both bodies have suggested that
Alaskans are "just emotional and unfairly blaming SB 91 for
increasing crime," and he described that comment as insulting to
the people who have testified in townhall meetings throughout
the state. Alaskans are intelligent, and he related that they
are aware of the number of factors that have contributed to the
increase of crime in this state, such as: the downturn in the
economy; the partial taking of the PFD by governor; the opioid
crisis; and the crime that accompanies the fiscal and opioid
crisis. He opined that the absence of any significant penalties
for low-level crimes is the number one factor in the increase of
crime in Alaska. As a teacher, he knows that if negative
behavior is not punished, there will be more negative behaviors,
and parents know that a wayward child must be punished. He
described that SB 54 will not fix the problems created by Senate
Bill 91, because it is not a revenue problem, it is a priority
problem. Alaska's state government has grown at twice the rate
of inflation and the population, and the [legislature] needs to
repeal Senate Bill 91, and find money to support a real crime
bill.
6:10:34 PM
NATHAN JACKSON advised that he was testifying on his own behalf,
noting that there are good provisions in Senate Bill 91, and SB
54. He offered testimony as follows:
One of the things that SB 54 did, and I'm not sure if
you are aware of it, but it stopped the retroactivity
of Senate Bill 91. When a person is on parole ... So,
when a person is on parole, and from prior to Senate
Bill 91, what SB 54 did was make it to where you
didn't get 30-day for 30-day credit retroactively on
parole. So, if like say, for a person like myself,
had good behavior for five, six, seven years on
parole, you no longer got that credit until 2017. So,
everything before then didn't count. I do believe
that was a mistake. A person who did good should be
allowed to get off early. That was monumental to
certain people like myself. I spent 15-years in
prison for a crime I did not commit, and I've been
fighting that since April 12, 1989. And, I've had to
deal with the judicial system non-stop. And, one of
the things that Senate Bill 91 did was, finally, make
it to where the probation and parole department has
limits of what they can put you in jail for. Three-
day, ten-day, and thirty-day was monumental to people
staying out of jail, keeping their employment, and
keeping their house. That one thing alone is
monumental for prisoners. The one thing too that
should be changed in Senate Bill 91, which is a good
thing and a bad thing, is it should be where parole is
added and not just probation. It only stipulates
probation and it should be both.
6:13:48 PM
CHARLES MCKEE advised that he will forward a document that
discusses that the financial problems Alaska is incurring are
primarily due to the incorporation of the people. He advised
that people are depletable assets and they have been monetized
into the federal reserve fund and the dividends are paid out to
the privileged few. He said, "We're sucked into a corporate
structure" that utilizes foreign currency "so we had to be
debased," and that falls to the Alaska Bar Association. He
described the Alaska Bar Association as a private organization
running the Alaska Court System and the state legislature, and
"our governor essentially is CEO, so a corporation cannot pass
law only policy." He offered an account of his experience when
"my property was accused of alleged biting someone," and he
defended his property.
6:16:33 PM
LYNN WILLIS advised that he was testifying on his own behalf,
and said that criminal administration shall be based on the
following:
The need for protecting the public, community
condemnation of the offender, the rights of the
victims of crimes, restitution from the offender, and
the principle of reformation.
MR. WILLIS said that state constitutional guidance requires both
wisdom and money. The Alaska government can no longer
substitute the latter for the former, and whatever the
legislature does regarding this issue, its actions will have a
significant fiscal impact, either to the government, the public,
or both. That fact cannot be ignored, he said, and to please
allow vetting of this legislation to take place in the [House]
Finance Committee. The legislative history of SB 54 is a
classic example of how [the legislature] has effectively
disenfranchised Alaskans by closing the public forum of debate
using secrecy and an abuse of the hearing process. He pointed
out that last year, SB 54 was "apparently going to be held to
death and then following an apparent epiphany by a special
interest group, it now must be rushed into existence." That is
perhaps the worst motive for legislation, he described. The
constitution has provided the framework, and now a solution must
be implemented for this issue facing all Alaskans, he said.
6:18:04 PM
JANET McCABE advised that she is testifying on her own behalf,
and is in support of SB 54 because the legislation is a way to
"not to throw the baby out with the bath water." When Senate
Bill 91 was adopted in 2016, the legislature promised to correct
problems identified during the hearings. She explained that due
to this promise, knowledgeable people studied the problems and
drafted the solutions contained in SB 54 that is before the
committee today. She pointed out that under SB 54, Alaska will
save money, continue to hold people accountable for their
crimes, and continue to reduce crime and incarceration. As the
State of Texas demonstrated, she related, "it is best to be
smart on crime, not just tough on crime."
6:19:24 PM
BUTCH MOORE pointed to the June 2016, Practitioners Guide, page
10, written by the Alaska Criminal Justice Commission for drug
charges, and paraphrased as follows: "Possession in any amount
of a IA substance used to be a Class C felony, and now is a
Class A misdemeanor. The same for a Class IIA, which would be
cocaine or meth, has changed to a Class A misdemeanor ... It
further states that, it cannot be jailtime on a charge of
possession unless you've been charged and convicted, not just
the first time, but the second time." Mr. Moore noted that he
finds this information concerning because often law
enforcement's response is, even if the person is arrested,
charged, prosecuted, and convicted, jailtime is not imposed,
which makes it difficult to get to a third conviction where the
person can do jailtime. He offered that if someone enters his
daughter's home with heroin, and Mr. Moore calls law
enforcement, the person should go to jail. Several state
troopers advised him that they are not confiscating drugs
because when they do take the drugs, the offender then goes out
and steals someone's personal property to purchase more drugs.
Therefore, he noted, law enforcement is not confiscating the
drugs because it cannot arrest the person, and he asked that an
amendment be drafted to address this particular issue of drug
possession.
6:22:06 PM
JOANNE ERIKSEN advised that she is a senior citizen and a
grandmother, and she is concerned that law enforcement must use
"kid gloves" because the judicial system releases the criminals
so quickly, rather than putting the criminals behind bars. She
opined that people should be held more accountable (audio
difficulties) solve crime by letting the jails be revolving
doors, noting that she agrees with most of the callers and wants
to see a tough crime bill. Although, she said, she was not
quite sure about a tax unless it would be a sales tax that would
be advantageous for Alaskans because it would affect absolutely
everyone. She stressed that property taxes have increased, and
the people have been taxed "until we can't stand it anymore and,
of course, the PFD raid didn't help at all either." She
expressed concern about her children, grandchildren, and great-
grandchildren, and the type of society they will be raised in
where criminals receive more of the benefit of the doubt in the
judicial system. She pointed out that unless the hands of law
enforcement are untied and it can lock these people up and keep
them locked up, "you are not really serving any purpose for law
enforcement at all." People will take the law into their own
hands because they feel the law is not protecting them, and they
have to protect themselves. She asked that the committee repeal
and rethink SB 54, and make judicial punishments stronger.
6:24:26 PM
MEGAN STIMPSLE, Kawerak, Inc., advised she was speaking on
behalf of Kawerak Inc., which is a consortium of 20 tribes in
the Bering Strait Region. She expressed Kawerak's support for
SB 54, and more importantly its strong support for Senate Bill
91. She asked that the committee consider the importance of the
society that is being built in Alaska, and consider whether it
should be built upon the punitive system or built upon criminal
justice reform. She stressed that legislators must consider the
people affected by the criminal justice system.
6:25:42 PM
BYRON CHARLES noted that the legislature is trying to figure out
what to do about "these problems," but mental health people,
tribal organizations, local agencies, and the United States
Marshal should be included because the issues involve the
processing system that falls under the Constitution of the
United States. Presently, he said, a cumbersome problem is
being created and the legislature is setting itself up for
serious lawsuits in the future. The legislature should create
positive programs and solutions for the problems, and encourage
those people willing to do something with their lives. The
legislature should not be making the decisions, he stated, law
enforcement, mental health agencies, tribal organizations and
corporations, and local state agency people, should be making
the decisions. He said that "I would say, bring back your
assessment to me, bring back your evaluation, bring back your
report ... and we will make a decision of what needs to be
resolved."
6:28:04 PM
CRIS EICHENLAUB advised that he was speaking on behalf of his
family. He then pointed out that the people of Alaska are in a
state of emergency because Senate Bill 91 has created anarchy,
and it is the criminals that like Senate Bill 91. He related
that he had attended many townhall meetings, and suggested a
total repeal of Senate Bill 91 because little of it makes sense,
and start over with a "three strikes and you're out law." The
State of Massachusetts has that system. Under the Alaska
system, criminals use Senate Bill 91 to fill the jails with
drugs, and a person will go to jail overnight to deliver drugs.
He offered a scenario of someone being jailed overnight for
stealing a vehicle, and going out the next night and stealing
another vehicle while still on bail for the first stolen
vehicle. He stated that he would like a special emergency order
wherein victims can sue people stealing vehicles and [property]
because Alaskans do not have time for this band-aid."
6:30:43 PM
REPRESENTATIVE EASTMAN asked whether he was referring to the
"three strikes, you're out" law passed in California, or another
law.
[Mr. Eichenlaub had hung up.]
6:31:10 PM
KATIE SEVIGNY advised that she is a resident of Anchorage and a
long-time small business owner. She remarked that under Senate
Bill 91, her business has fallen prey to petty theft and crime
in a much higher degree than she has seen in over 10 years. The
crime continues elevating because there are no consequences, and
yesterday her business fell prey to quite a bit of counterfeit
money. These are felony offenses, she related, but because
criminals are getting away with these small baby steps, their
steps are getting bolder, and it is happening all over
Anchorage. She pointed out that small business owners fall prey
to these crimes and the owners cannot sustain their businesses
if they are constantly being robbed, and thieves threatening
young employees. Consequently, she advised, young employees
will not work nights and customers feel unsafe. Senate Bill 91,
was a decision to save money rather than reinvesting money into
rehabilitation and the bill does not completely follow through.
It will never work for small businesses, she advised, unless
dollars are put behind the legislation for rehabilitation, as in
the State of Texas where dollars were put into rehabilitation
programs that are helping people with low incomes. She said
that the legislation was "simply made the way that we typically
make decisions, which is to save money instead of growth,
instead of putting it into our communities." She advised that
she really wished the legislature would start making decisions
that gives Alaskans a future that "grew its economy versus
always just making cuts that eventually keep on hurting us."
CHAIR CLAMAN asked whether Ms. Sevigny does, does not, support
SB 54.
MS. SEVIGNY responded that SB 54 is just a step, and Senate Bill
91 should be repealed until the money is available to make the
legislation work.
6:34:10 PM
LYNETTE CLARK, Chairman, Alaska Independence Party, advised that
she was testifying on her own behalf. She acknowledged that she
has heard noble arguments from law enforcement officers in
support of SB 54, as compared to Senate Bill 91. This year, she
opined, Senate Bill 91 was the preferred "tar baby," and SB 54
was put in a drawer in July and "never resurrected as the
answer." During the time SB 54 was in the drawer, she related
there was no public input and now it has become the saving grace
for law and order. She advised that Senate Bill 91 should be
completely repealed, and SB 54 should be tabled due to lack of
input. She stressed that no income or payroll tax should be put
on working Alaskans, and that the legislature should gavel out
and hash this out with their constituents, and bring a solution
forward in January 2018. Changes must be hammered out, while at
the same time considering the Alaskans affected by this
legislation, "and for this to be effective, you have to have it
coming out of our mouths, the ones that are living in the
villages and in the small cities and the small towns," she
expressed.
6:36:42 PM
VANESSA VENEZIA, Medical Director, Fairbanks Memorial Hospital
Behavioral Health Unit, advised that she is an
adult/adolescent/child psychiatrist, and the Medical Director
and Inpatient Psychiatrist for the Fairbanks Memorial
Hospital(FMH), and she supports SB 54. Dr. Venezia then
requested the adoption of Amendment 24 to SB 54 because it
specifically addresses the importance of mental health 72-hour
evaluations conducted solely in behavioral health units. This
amendment affords patients the opportunity to have 72 hours to
be evaluated before a 30-day commitment is pursued.
Inappropriate evaluations lead to one of the two things:
patients are either inappropriately released into the
communities and pose a public safety risk; or their civil
liberties are taken away inappropriately after a 30-day
commitment is rendered. She explained that the Fairbanks local
district court interpreted the current statute to indicate that
a 72-hour evaluation begins when a patient enters a hospital.
This precedent was set forth in a February 2017 ruling, and she
stressed that if this precedent is accepted by other courts
around the state, the hospitals in remote areas that currently
do not have mental health units, such as Barrow and Kotzebue,
would be forced to release these patients into the communities
before being seen and evaluated by a mental health specialist.
Currently, she advised, there are only 20 beds in Fairbanks, 80
beds in Anchorage, and under 20 beds in Juneau that can accept
Title 47 patients. She reiterated her request for support of
Amendment 24, and thus affording patients an opportunity for an
evaluation in a behavioral health unit.
6:39:19 PM
REPRESENTATIVE KOPP surmised that, as to a 72-hour evaluation, a
court ruling directed that once a patient enters an emergency
room, that 72-hour clock starts running even when a behavioral
health unit is not available to evaluate that patient. He
further surmised that it may take a day or longer to get the
patient into a behavioral health facility to be evaluated.
DR. VENEZIA responded that Representative Kopp was exactly
correct, and pointed out that if she worked in a community
without a psychiatric facility, she would have to undergo the
logistics of transferring the patient to a behavioral health
facility. Dr. Venezia also pointed out that as the Medical
Director for the Fairbanks Memorial Hospital Behavioral Health
Unit, it frequently does not have enough beds or capacity for
the Fairbanks community members. She explained that when the
Alaska Psychiatric Institute closes, which happens on a somewhat
regular basis, the Fairbanks Memorial Hospital Behavioral Health
Unit then accepts patients from the Anchorage area and all over
the state. The Fairbanks catchment area is from Nenana up to
the North Slope, including Barrow, and that is a wide area of
responsibility, she advised.
6:41:18 PM
PHIL SHANAHAN, Attorney, said he was testifying on his own
behalf and that he supports the Senate's version of SB 54
because it is a common-sense approach to the necessary fixes in
Senate Bill 91. In response to concerns that Senate Bill 91
somehow caused an uptick in crime, he advised that within the
last couple of days, the University of Alaska Anchorage Justice
Center released important studies that included: a video that
tracked the trends on various offenses, including vehicle
thefts, shoplifting, and burglaries. Those studies show that
the crime rates were rising prior to Senate Bill 91, explained,
but they are still lower than they were in the 1990s for some of
those offenses. He stressed that Senate Bill 91 was created by
a group of folks with all backgrounds on the Alaska Criminal
Justice Commission which included law enforcement, mental health
entities, and Native organizations in Alaska. The PEW Research
Center provided actual evidence-based research to support the
proposals made to the legislature because the previous criminal
justice system was not working. For example, he pointed out,
for many years Alaska's laws had treated drug possession as a
felony and yet, that did not stop drug crimes or property
crimes. The state needed Senate Bill 91 to do what was
intended, which was to reinvest those dollars into
rehabilitation and treatment. He stressed that SB 54 does a
great job of addressing some of the glitches in Senate Bill 91
when it was first adopted, and SB 54 can fix those glitches
without performing an overhaul of Senate Bill 91. Clearly, he
expressed, repealing Senate Bill 91 would be a big mistake. He
reminded the committee that certain components of Senate Bill 91
take effect this January, and those upcoming components are an
important aspect of the legislation and will help make Senate
Bill 91 even more effective.
6:43:40 PM
CYNTHIA STROUT, Attorney, advised that she is a 35-year old
Alaska resident and (audio difficulties). Ms. Strout offered
support for SB 54 because it takes care of some glitches in what
would be expected when there is an overhaul of laws. She urged
the committee to not add amendments to SB 54 because a lot of
Senate Bill 91 had not yet taken effect. The legislation needs
time to recoup the cost savings the legislation provides so
money can be put into treatment, and into the types of things
Alaska is severely deficient. She asked that the committee pass
SB 54 as it is, and to not amend it in any manner. The Alaska
Criminal Justice Commission spent many, many hours of time
studying the research on what is effective in terms of the
criminal justice system, and she asked the committee to let
Senate Bill 91 work for a while so the state could recoup those
resources.
CHAIR CLAMAN advised that the next testifier is Albert Berke and
he is communicating using a sign-language machine and an
interpreter.
6:45:37 PM
ALBERT BERKE testified as follows:
Hi. My name is Albert Berke. I live in Anchorage
here and I am representing myself. I am requesting,
under the federal law of the American Disabilities Act
(ABA), that here in Alaska legislation (audio
difficulties) and mind you there is few, but there is
a dire need to have them receive accessible -- to
receive access through sign-language interpreters. To
receive access through the phone via video-phone
technology like we are connected here this way, right
now tonight. How I am connected to you right now.
Here it is imperative that we have this access. There
is a dire need for this access, not in -- in the
prison system, but everywhere else. So, deaf people
have this right, they deserve to have access through
sign-language interpreters and -- and the prison
system needs training on how to work with
interpreters. The system, how it is now, is -- is
inappropriate in dealing with this -- this need. So,
both 91 -- SB 91, and SB 54, need to be recognizing
any amendments, anything at all, need to be
recognizing our Americans with Disabilities Act and
giving deaf people the access that they require by
means of sign-language interpreters and video-phone
technology. I've been frustrated with hearing the
lack of access that deaf people have especially with,
in any situation, prison or not. Thank you.
6:48:17 PM
DON HABEGAR, Community Coordinator, Juneau Reentry Coalition,
advised that the Juneau Reentry Coalition supports the state's
efforts in implementing smart justice as defined by the Alaska
Criminal Justice Commission. The Juneau Reentry Coalition
supports the implementation of statewide, and community level
treatment and services designed to increase the successful
return of individuals into Alaska's communities, and decrease
recidivism rates. He said that the coalition supported Senate
Bill 91, recognizing it was an expansive change to Alaska's
criminal justice laws that may require refinements, and SB 54 is
part of that refinement process. The coalition asks that during
the deliberations on SB 54, to stay mindful of the justice
precepts and avoid reverting back to the "lock em up and throw
away the key" mentality. He asked that the legislation continue
with the application of community reinvestment into appropriate
treatment and services.
6:49:47 PM
WILL KRONICK advised he is speaking on his own behalf, and that
the issues of Senate Bill 91 appear largely technical and, thus,
largely a distraction. The problems attributed to this bill as
to the rise in crimes and rise in addiction, predate the passage
of Senate Bill 91, not to mention that the entire bill has not
yet gone into effect, notably, the pretrial probation. In
short, he commented, this all sounds like a way to avoid the
real task at hand, which is creating a comprehensive fiscal plan
and pushing it through the Senate. Clearly, he remarked,
further cuts equal fewer services for our Alaskan families and
the families he works with as a social worker, lower incomes for
Alaskans whose jobs are cut or cuts to wages, thereby, worsening
the state's recession. He asked that the committee pass SB 54
quickly and move on to passing a comprehensive fiscal plan for
Alaska.
6:50:50 PM
TALIA EAMES, Coordinator, Tlingit and Haida Second Chance
Reentry Program, advised that she is a 10-year decorated veteran
of the United States Air Force, and a coordinator for the
Tlingit and Haida Second Chance Reentry Program. As
coordinator, she advised that she has met with over 300 men and
women returning from incarceration, and has seen first-hand how
people can thrive with support and services. She noted that
Senate Bill 91 was designed to invest in programs that can
reduce crime in this state while addressing the root cause of
crime and incarceration, often tied to substance use and mental
health disabilities. The Tlingit and Haida reentry program had
to close its doors this month because it did not receive its
continued grant funding. Unfortunately, she related, this means
there is no longer a reentry program in Juneau, the hub of those
individuals being released in Southeast Alaska. The
reinvestment dollars described in Senate Bill 91 need to be
realized in order to support these programs that promote public
safety, and the legislation must be fully implemented for this
to happen. She acknowledged that the compromises needed in
Senate Bill 91, took place via SB 54, and stressed the
importance of remembering that every measure of this bill was
backed by research and data. She reminded this committee that
research and data has shown the benefits of a criminal justice
system focused on rehabilitation, reintegration of non-violent
offenders, and community-based supervision for those on
probation and parole. Although, she said she had heard a lot of
misinformation tonight, she challenged the members of the
committee to do the job they were elected to do, and inform
constituents of the science presented by the brilliant minds of
the Alaska Criminal Justice Commission. It is a reckless and
knee-jerk reaction, she expressed, to blame Senate Bill 91 for
an increase in crime when evidence has shown that the rise in
crime began well before the enactment of Senate Bill 91, which
has yet to be fully implemented. Ms. Eames listed possible
factors in the rise in crime as follows: Alaska is in the worst
recession it has seen in decades; it is in the middle of an
opioid epidemic; Alaskans have seen drastic cuts to the courts,
prosecutors, and public safety officers; and Alaska still needs
expanded treatment options. She asked that when considering SB
54, that the members of this committee stay true to the intent
of Senate Bill 91, and refrain from making changes to the
criminal justice reform system that are not evidence-based.
6:53:46 PM
CHRISTINE FURCY offered testimony as follows:
Hello, my name is Christine Furcy. I am from
Ketchikan, Alaska. I'm here representing myself and
so many others like me. I am a person of long-term
recovery from a substance use disorder that robbed me
from half of my life. That same substance use
disorder robbed me of a sister. And, more recently
than not, it robbed me of a best friend. I will be
leaving Juneau on Saturday to go home and bury my
lifelong best friend who, from whatever irrational
moment in his last bit of life, thought that killing
himself in his home was a better alternative than
going back to prison. So, for that, not only am I,
like, riddled with pain, I am frustrated. SB 91 has
not had adequate time to prove what it is capable of.
And, I can tell you that -- because I am -- I've been
to jail as a result of my mistakes, and I deserve to
be held accountable, as is so many other people. But,
we also -- I want it to be known that we are so
capable of a beautiful life. And, everybody is so
concerned and talking about, like, public safety, and
I'm not saying that that isn't an issue because it is.
I love my state, I love my town, but I also am
concerned about people like me. We have a chance to
be productive and help facilitate public safety, but
nobody seems to be worried about -- it's like you are
dangling a way out in front of our faces just to whip
it away without giving us a chance, without giving the
people that have supported these bills a chance. I
don't know. Honestly, it is just heartbreaking and
frustrating, for one brief moment so many Alaskans
felt like they were being heard and like they
mattered. People like me, we matter, we matter. My
friend that died because he didn't want to go back to
prison, mattered. My father was in jail most of my
life, he matters. My aunt spent 10 years in prison,
she mattered. Thank you.
6:56:33 PM
JOSE DELEGADE offered testimony as follows:
My name is Jose Delegade. The first thing that I
would like to say is, I'm sorry, you know for ... I
had an addiction problem. I committed a lot of crimes
in Juneau. I'm serving time right now for -- an ankle
monitor. But, the SB 91, I think they do need to let
it, you know, let it work. I believe I was one of the
first cases that went out on SB 91, when I was on
sentencing. You know, I do believe you need to let it
work. Right now, I'm on ankle monitor, serving ... I
got sentenced to five-years in prison. While I was
there, you know, I found God. I've been doing very
good. But, you know, when I was there I had a wife
and she shot herself. So, you know, that and a lot of
other things, you know, they need -- they need to open
-- they got one jail that holds like 300 people, and
they got one substance abuse place to hold 28 people.
And, putting -- I can tell you right now they are
putting people in jail, you know, people that never
been to jail, you are putting them in jail for the
first time and you give them time, they will come out
worse than they will have ever been when they went in.
So, I'm telling you right now that jail -- I mean,
jail does not -- does not do anything but makes people
worse. I can you tell you that right now. And I'm
also a veteran, I served in the United States Army.
You know, I just like to say -- I just like to say to
let SB 91 run through and see what -- you know,
because it is working in other places, like Texas, and
places like that. That's all I got. Thank you.
REPRESENTATIVE KREISS-TOMKINS asked that Mr. Delegade describe
his reentry process into society and whether it was facilitated
or supported by the Juneau Reentry Coalition or other
organizations in the community, and the manner in which those
organizations assisted in his reentry.
MR. DELEGADE responded that he was supported by Second Chance,
and he filled out [job] applications online at Second Chance.
He advised that he has worked at his current job approximately
eight-months, and described that "I got a pretty good job,"
because he is able to put in a lot of overtime, and earns
approximately $6,000 per month. Previously, he explained, he
was at the half-way house and could not have a phone. Having
the availability of Second Chance and a place to fill out his
employment applications was helpful. Plus, he stressed, "they
treated us excellent there, they didn't treat us like criminals,
they treated us like human beings." He stated that places such
as Second Chance do help, and that is how he received his
current job.
REPRESENTATIVE KREISS-TOMKINS asked the name of his employer,
and his duties.
MR. DELEGADE answered that he works for Inspectorate - Bureau
Veritas, and he works in a lab processing core samples.
7:01:42 PM
NINA GARRISON offered testimony as follows:
Hello, and thank you for your time and opportunity to
speak. My name is Nina Garrison, and I am from here,
from Juneau. I am here representing myself, and also
our people -- our people who are incarcerated. Also,
for those who do not have a voice that cannot speak,
that it is too late, that they are already gone. One
reminder, I don't know what the -- I'm sorry, I didn't
do research on the House bills. I just found out
about this and just grabbed it out in the hall, but I
do have a comment and I will try to make it as quick
as possible.
Miranda is a young lady who shot herself across the
street, AT the court building. And, I did just meet
her and the conversation that I had with her before I
heard the news about her shooting herself -- the
conversation that her and I had, beside talkin -- we
always talk about the Lord. I never leave the Lord
out in anything. She was pleading for help, for
treatment, and she was addicted to meth, and heroin,
and there's other substances we all know, it's in the
communities and in villages. And, it's a crying right
now from all the people that we've lost, committed
suicide, or homelessness, or mental abuse -- mental --
you know, they have problems with mental -- suffer
from PTSD. I've been in the system 15-years myself
and I've seen a lot, and I've walked in their shoes
along beside them. Most of the people I know are
passed away because of drugs and alcohol. And, what I
want to say is that she cried for help, she said there
was no treatment center. I also had a daughter that
was also addicted to meth while I was incarcerated,
when she was a minor. And, she also had mentioned to
me, she is gone now. But, these voices from the past,
they all cried for help, for treatment, alcohol and
treatment centers. That jail was not the place for
them, they really cry out. And, it will -- actually,
what I wanted to add was the people that sell the
drugs and make the drugs in our communities and in the
villages, they need stiffer penalties. Down south
they get 25-years for meth, up here they get ... I
don't know how much, I don't know what it is. But, I
think that we need to re-evaluate and re-visit all
these pushers -- the ones that actually bring it into
the communities. Like, we can't do nothing about it
and we can.
7:05:17 PM
MICHAEL ALBERTSON said that he represents fair-minded Alaskans,
and remarked that he is a strong supporter of Senate Bill 91
because it is a long overdue logical step, and then described
himself as a reluctant supporter of SB 54. Personally, he said,
he does not think the state should have a special session to
address SB 54, but there are good points in the legislation. He
offered concern about telling an alcoholic that they were in
violation of their conditions of release by drinking alcohol,
(audio difficulties). In response to Representative Eastman's
previous question regarding the "three strikes and you are out
rule," commented that California did pass such a rule and
rescinded that rule because it was swelling the prison
population. He pointed out that Texas has a population of 22
million people and it put $250 million into its programs, and
Alaska has a population of 750,000 people, with a higher cost of
living, and that $100 million is a reasonable start, and
expressed that many of the increases in crime in Alaska have
nothing to do with Senate Bill 91. He then referred to
(indisc.) Anchorage chart, and advised that in 2016, there were
683 motor vehicle theft, and during 1993 to 1994, there were
almost 900 thefts, and that theft was escalating in 2017. He
said he is not a law enforcement person, but those figures point
to a fairly effective car theft ring organization, rather than
addicts stealing cars. Larceny in Anchorage is the same issue
because in the last half of the 1980s it was almost 5,000, which
is substantially above today's numbers, he said.
7:07:59 PM
CAROL JANE ROOK advised that she is a registered nurse, an Air
Force (indisc.), a mother, and she represents herself. She
asked the committee to vote no on SB 54 because Senate Bill 91
was implemented in a backwards manner. Prisons were emptied out
without programs being in place which was supposed to reduce
recidivism, and felony sentencing was reduced on many crimes and
crime is rampant. Every day, social media, the news, or
neighborhood watch apps, are filled with reports of violence
against people and property throughout Alaska, and she
questioned where the numbers originated that report that crime
has not increased since the enactment of Senate Bill 91. The
evidence is clear, she said, and anyone currently living in the
streets in Anchorage know that it is a violent, violent place to
live. She stressed frustration with the people who say to wait
because the legislation had not yet been fully implemented
because people are dying, lives are being devastated, and
tourists are not coming to Alaska because they do not feel safe
coming here. She related that she had attended several
community meetings where the overwhelming majority of citizens
voiced that they want Senate Bill 91 repealed, and a no-vote for
SB 54. She described that the response from legislators and
local officials has been less than inspiring, with a few
exceptions. This hearing was not well advertised, and she said
she learned of it by happenstance. Senate Bill 54 is supposed
to repair Senate Bill 91, but it falls woefully short as
written, she commented. A few people have offered support for a
few aspects of it, but no one has actually read the bill, and it
will be made into law with all of the amendments attached. She
said that the state needs sentencing that deters recidivism, and
has support programs in place for those people reentering
society. Although, she stated, these things need to be well
thought out and the monies found before being put into a bill,
and the bill needs to be put before the voters. She asked the
committee to listen to the people, vote accordingly, and vote
like the member's job depends on it, because it does.
7:10:28 PM
FRANCESSCA ALLEGREZZA advised that she is opposed to SB 54, and
would like a repeal of Senate Bill 91 because taxes should not
be implemented to solve crime. She stated there should not be
more special sessions for these types of things, and the PFD
raid must be stopped. Alaska has a serious spending and budget
problem to fix, and she pointed out that last winter Governor
Bill Walker had advised the public that "we could either have
their streets plowed, or we could afford more cops. I don't
really think that is acceptable." Road safety is definitely a
concern in Alaska and the streets need to be plowed, and "we
shouldn't be levied over by having cops to solve crime." The
state is at cross-roads where things are just getting out of
control, she described, and she is totally against SB 54 because
Senate Bill 91 is not working and needs to be repealed. She
said she likes that the public is able to call into hearings and
voice its opinions because it is difficult to get to Juneau.
7:12:12 PM
KRIS WILSON said he was speaking on his own behalf as a two-time
victim of burglary. He related that, if there is no crime, then
law enforcement is not necessary, and by legalizing everything
"I guess there's really no crime and you really don't need to
fund any troopers." He said that he is against that idea as
someone who has lost upwards of $50,000 worth of merchandise,
and rather than just slapping someone on the wrist for these
lesser crimes, the community could benefit from community
service sentences for these criminals. He suggested that for
every $20 of property value that is stolen, an hour of community
service could be imposed to assist the communities with soup
lines and hospitals. Thereby, he said, exposing these offenders
to people with real struggles. In addressing the opioid crisis,
he stressed that "there needs to be a doggone good reason for
that stuff to be handed out in a prescription" and if it's not
available, it's not available. He suggested calling some of the
scientists and bio-chemists, "and whatnot," some real
professionals, in here to provide the key to stopping the
manufacture of some of these hard drugs.
MR. WILSON, in response to Chair Claman's question, answered
that he does not support any of it, he wants hard laws, and he
wants people picking up trash in the ditch.
7:15:22 PM
ELIZABETH FLEMING, Attorney, advised that she is a proud 30-year
veteran of the United States Army, she is an attorney, and she
is in support of Senate Bill 91 as it currently stands. Ms.
Fleming advised that her heart is almost breaking at some of the
testimonies she has heard tonight about our fellow human beings,
our neighbors. Everyone who commits a crime leaves behind a
wake of people who are hurt, such as their mother, their sister,
their wives, their children, and not just the "so-called victims
of the crimes." She offered that she was a victim of a burglary
a year ago, but the way that people tend to overreact is, "we
want three strikes or you're out, we want zero tolerance." She
reminded the committee that these are our fellow human beings
and if they are treated like animals, they will become animals.
Ms. Fleming offered appreciation to the gentleman who testified
that, "sending people to jail makes them worse." Senate Bill 91
involved a lot of well researched data, a lot of bi-partisan
effort, and a lot of work to try to do the right thing by human
beings in Alaska. Many of the complaints she has heard tonight
are just ill-informed, and she knows they are ill-informed
because she works in criminal law. The bail schedule, and not
Senate Bill 91, is the reason people are picked up at night and
then are back on the street. She explained that even if Senate
Bill was completely repealed, it is the bail schedule that
caused those events. She recommended that everyone spend a few
minutes, or a whole day, in their local courthouses to see the
human beings that are involved in this process with their own
eyes.
7:18:14 PM
NATASHA SINGH advised that she represents the Alaska Regional
Coalition, a consortium of five Native regional tribal
nonprofits that represent over 100 Native communities in the
state from Kotzebue to Ketchikan. The Alaska Regional Coalition
has been in support of criminal justice reform since Senator
John Coghill began his research addressing the high rates of
crime in Alaska. She reminded the committee that most of the
individuals in jail are Native, and they are mentally ill or
substance abuse addicts, and those individuals are the
coalition's family and its tribal members. She explained that
individuals who commit low-level crimes go into the jails as
addicts, and they are released hard and ready to commit high
level crimes, and the largest growing Native communities in
Alaska are located in Alaskan jails. She remarked that the
coalition met with the state's prosecutors and it understands
the need for SB 54, and supports the legislation, but the
coalition cannot support further attempts to roll back criminal
justice reform. Individuals who are addicts need to be
supported because they are human beings, and this is not only
the right thing to do, but it is fiscally responsible. She
pointed out that the individuals who testified that the state
needs to wait until certain revenue is available are forgetting
the fact that the costs of incarceration are extremely high.
Ms. Singh reminded the committee that Senator Coghill proposed
criminal justice reform not just because it was fiscally
responsible, but because he is a Christian and he is
compassionate.
7:20:54 PM
CAROL CARMAN said she was speaking on her own behalf and advised
that not much time passed for her between learning of Senate
Bill 91, and its passage. She was told by one legislator that
the bill was all about rehabilitation and, therefore, she
supported the legislation because she believes in community
reinvestment, rehabilitation, and human beings. In attempting
to understand Senate Bill 91, she said she read something on the
University of Alaska Anchorage web site, and "a really good
overview" from the governor's office, and she was stunned that
every consequence for every single crime had been lessened quite
a bit, except murder. Currently, she noted, she has read
articles in the newspaper stating that Alaska has the most
liberal laws in the country due to Senate Bill 91, and she
questions whether SB 54 could be constructed well enough to
rectify that situation. Something must be done, or the public
would not be crying out in this manner of concern. She then
referred to testimony regarding previous higher numbers of
vehicle thefts compared to current vehicle thefts, and commented
that if the car thieves are not being caught now, it is because
law enforcement is busy with other crimes and vehicle thefts are
not reported. She opined that an awful lot of things are going
unreported currently, because law enforcement just cannot keep
up with these crimes.
7:23:19 PM
CHERYL KAJBAN advised that she is a long-time Alaskan living in
Palmer, and speaking on her own behalf. Her concern, she
related, is her safety and also being able to defend individuals
in her company. She offered great concern for her daughter, who
has a private practice in Anchorage with a drug house right
across the street, and for her grandchildren going to school and
coming home. She said she is familiar with Alaska's history of
crime rising and lowering, and she supports effective
rehabilitation when people want to change. Although, she
pointed out, she has not heard anything about (indisc.), and her
mother was killed by someone speaking on her cell phone in
Minnesota, "and the lady got nothing." She related that she
supports SB 54, and that there must be some type of sustainable
rehabilitation, although, she is frustrated that politicians do
not listen to their constituents. It is a matter of self-
survival and self-protection in this state, she commented, which
is one of the state's primary concerns and objectives, and that
includes rehabilitation as long as it does not endanger the
people at large.
MS. KAJBAN, in response to Chair Claman, advised that she does
support SB 54.
7:26:19 PM
TARA BURNS advised that she represents Community United for
Safety and Protection, and asked that the committee protect the
sections of Senate Bill 91 that prevent sex workers and sex
trafficking victims from being charged with trafficking for
engagement of prostitution. Sections of this bill propose to
move AS 11.66.130 and 11.66.135, which prevents prosecutors from
charging sex trafficking if the person has not induced anyone
into prostitution. Many things have been said about what sex
trafficking is, but AS 11.66.130 and 11.66.135 only speak of
having a place of prostitution, which can include a prostitute's
home and hotel room, and aiding or facilitating prostitution.
She described that the language is so broad that one woman was
charged for sex trafficking herself for aiding or facilitating
her own prostitution. She said that forcing people into
prostitution, or having a prostitution enterprise, or conduct
(indisc.) AS 11.66.110 and 11.66.120 have no protections for
people engaged in prostitution. In the event a sex worker finds
herself in a location with a victim of sex trafficking, the sex
worker should be encouraged to report this crime rather than
hunted down as a sex trafficker herself, she pointed out. Sex
workers and clients of sex workers are first responders in sex
trafficking situations, and the legislature's responsibility for
public safety demands that these people not face felonies for
reporting these situations to law enforcement. She reiterated
that AS 11.66.130 and 11.66.135 are so broad that they define
many sex trafficking victims as sex traffickers. For example,
she advised that at least one case under subsections in this
bill proposes removing (indisc.). The victim of violent sex
trafficking was able to make a report after she was assured that
she and other victims would not be charged for trafficking when
driving each other to calls, taking pictures of each other, or
having hotel rooms in their names. She commented that
legislators have not heard of any cases where a perpetrator
harming someone could not be charged with it because of these
[provisions]. Removing these [provisions] puts sex workers and
sex trafficking victims at risk and pushes trafficking victims
further underground. She asked the members of the committee to
please protect the provisions for sex workers and sex
trafficking victims that were introduced in Senate Bill 91.
7:28:56 PM
CRYSTAL GODBY, Community United for Safety and Protection
(CUSP), asked that the committee protect the provisions in
Senate Bill 91 that protect sex workers and sex trafficking
victims from being charged with trafficking themselves. She
advised that she was a sex worker for three-years because she
was a homeless drug addict, and now she is 22-months clean.
When she was a sex worker, she pointed out, it was well known
that they could not call the police if anything went wrong, they
had to stick together, look out for each other, share good
clients, share hotel rooms, and give each other rides to calls
and wait outside to be sure their friends were safe. When the
legislature turned sex workers safety measures into felonies,
sex workers felt less safe, and people don't want to look out
for each other if it means catching a felony which puts lives in
danger. She related that if a friend of hers would have had
someone waiting outside for her, she might still be alive today.
She commented that she had offered her testimony to the Alaska
Criminal Justice Commission and it surprised her to see SB 54
attacking the safety of sex workers and sex trafficking victims.
She asked that the committee protect the good provisions of
Senate Bill 91 protecting sex workers and sex trafficking
victims from being charged with trafficking themselves.
7:30:27 PM
SEN TAN advised that he is speaking in his personal capacity
regarding the repeal of Senate Bill 91, and SB 54, and that it
has been a lesson for him when listening to these testimonies.
He thanked the legislature for crafting and passing Senate Bill
91, as the previous system was not working when discussing
safety. Especially, he explained, where there was a 66 percent
recidivism rate with lengthy sentences, and if lengthy sentences
worked, that would mean the state should not have such a high
recidivism rate. Not to mention, the disproportionate impact on
minorities with sentencing. He commented that he was sort of
agnostic about SB 54 because it really was not a big item. He
advised that his purpose in calling was to address the fact that
Senate Bill 91 was an excellent piece of legislation because it
was a policy decision based on a lot of information and data.
He then commended the policy makers for taking the time to look
at all of the important facts and then a decision was made. He
recommended that before legislators begin making major changes,
even minor changes, that they look at actual facts and data
because tonight he heard a lot of opinions and a lot of
anecdotal information. Make good policy decisions and, he
suggested that the legislators continue their good job by
relying on good data. Thereby, he remarked, the people of
Alaska will be safer and better as a result.
SEN TAN, in response to Chair Claman, answered that he had
served 17.5 years as an Anchorage Superior Court Judge.
7:33:37 PM
SHERRY MILLER advised that in no manner does she support Senate
Bill 91, and that she was speaking on behalf of her deceased 19-
year old daughter, Linda Bower. She advised that her daughter
was murdered by her boyfriend, by strangulation, and her
daughter was found in the backseat of her boyfriend's car in the
parking lot of a local store. Ms. Miller testified as follows:
Senate Bill 91 has affected our family in the most
horrific way. Our case is in appeals as we asked the
judge to reject the plea that we agreed to because of
learning how SB 91 affected our case. Even though the
crime happened prior to the enactment of SB 91. But,
keep in mind that we have not reached a sentence in
over three-years, one-month. His conviction and
parole time is affected by SB 91. Because of SB 91,
discretionary parole is based on a review of the
inmate by the Parole Board after the inmate has served
one-third of their active term imprisonment. If he is
denied parole, this murderer gets an automatic parole
hearing every two-years until granted. This means
that me and my family have to endure this monster and
horror of her murder every two-years until parole is
granted. According to SB 91, for the first-offense of
a parole violation, he only spends three-days in jail,
second technical violation - five-days, third
violation - ten days. Violent criminals are walking
our streets because of our current crime bill. How do
you rehabilitate a murderer? Do you get him to
promise not to do it again? Public safety is not your
top priority and Alaskans are not safe. I have
personally attended several townhall meetings,
interviewed with local news media, and public
testimony to the Anchorage Assembly, and I feel my
testimonies are not take seriously or even being
heard. Please consider this personal testimony, and
keep in mind that victims these criminals -- keep in
mind that victims of these crimes are also the ones
who vote. Thank you for your time.
7:35:48 PM
REPRESENTATIVE EASTMAN noted her testimony of her family going
through parole hearings every two-years, and asked how she has
worked out the timing every two-years.
MS. MILLER responded that if the offender is convicted, the
offender must serve one-third of that sentence. Theoretically,
she explained, the offender could be eligible for parole at 14-
years, and if he is denied parole then he is automatically
granted a parole hearing every two-years until parole is
granted, due to Senate Bill 91. She then said, "Page 85."
REPRESENTATIVE EASTMAN asked how long the parole hearing process
would impact her family each time the parole hearing would take
place.
MS. MILLER commented, "It's up to how long that hearing takes."
She then asked that Representative Eastman put himself in her
family's shoes because the offender should not even be given
parole. This is a person who walked the public streets and
committed this crime to her daughter, and there should be no
parole, she stated.
7:37:36 PM
MELINDA GANT advised that she had supported Senate Bill 91 until
she experienced the negative changes happening in Anchorage
during this last year. She said she would support a repeal of
Senate Bill 91, and described SB 54 is a band-aid approach that
does not address the lack of financial commitment for treatment
services to make either of these two bills successful. She said
she would support a full repeal of Senate Bill 91 until the
legislative body commits funding for the necessary services and
reinstates funding for [the Department of Law (DOL)]. Once
these services are in place, and the prosecutor positions in DOL
are fully staffed, she would then support the concept of either
Senate Bill 91 or SB 54.
7:38:55 PM
EDITH GRUNWALD advised that she is speaking for her family, and
noted support for SB 54 because it addresses some "tiny gaps,
but to please make it tougher on crime, and repeal Senate Bill
91. Currently, crime is terrible and while visiting courtrooms,
she sits with the victims of murders, and their stories are
heart wrenching. There must be consequences, even for lower-
level crimes, to prevent crime from escalating because criminals
do escalate their crimes and there must be punishment for
criminal activity. She asked that legislators please represent
the people and make public safety a priority. Ms. Grunwald
testified as follows:
We had a crime problem before SB 91, two of those
charged in my son's murder -- My son was David
Grunwald who was murdered on November 13th, he was
missing for 19-days. And, they found him December
2nd, he had been tortured, kidnapped, murdered. And,
those who were charged are in jail right now waiting,
you know, going through the pretrial, and everything.
But, two of them had no consequences in previous
criminal acts.
Again, this is before SB 91. So, for potential
criminals this is the big thing they hear. Potential
criminals must believe that they'll get caught cause
these guys did not think that they would get caught.
They -- They voiced this. So, please improve your
recruiting and retention in the Alaska State Troopers.
Thank you, and thank you to those who represent your
constituents and realize that your actions do affect
all Alaskans. I ask you to be tough, and I ask you to
have courage. And, I think that SB 91 may have been
well-intentioned. I am not ill-informed. I am well
informed. I'm a 31-year veteran, I have been living
in Alaska for 32 years from North Pole, to Anchorage,
to the Mat-Su. And, I appreciate everyone.
7:41:22 PM
REPRESENTATIVE LEDOUX advised Chair Claman that she would like
to offer her condolences, and tell her, "I am so sorry for her
loss."
REPRESENTATIVE EASTMAN noted her comment that there were no
consequences for the perpetrators against her son in previous
crimes, and asked why, and whether it would be fixed under the
current version of SB 54.
MS. GRUNWALD answered as follows:
No, it absolutely would not be fixed by SB 54, this
was a problem even before SB 91. There were -- there
was a kidnapping, an assault, and a robbery. And, the
one guy who was of age, he got away with an ankle
bracelet. And, of course, that same month before
that, little did they know that he had murdered
Frankie Woodford. After, when they were investigating
my son's case, they ended up in that investigation
finding some of the evidence that they found in my
son's case. The two guys who were with Damian
Peterson were involved in that criminal activity and
nothing happened to them for whatever reasons, and I
really can't explain that.
7:42:51 PM
TOM BRAUND advised that he was deeply involved in the criminal
justice field, he has a degree in criminal justice
administration, a minor in law enforcement, and he was a police
officer in San Diego, California, and portions of Senate Bill 91
are probably good. He said, "The criminal justice system tell
us that the surest deterrent to crime is the certainty of
punishment. Except, felony crimes against persons, even long-
term imprisonment doesn't work. That must include rape and
child molest because those are crimes of violence due to a
sexual preference and are violent, and nobody's gonna change
these guy's minds." He offered that 20 percent of the people
commit 80 percent of the crimes, and after researching why
crooks do what they do, he concluded that they are utterly
selfish, they do not care about the public, they care about
themselves. He related that 95-98 percent of all crimes are
directly attributable to drugs and narcotics and that is a
little higher than what the statistics say because, "as a street
cop, we believe it." With the exception, he pointed out,
marijuana is not a drug, it is an herb. Senate Bill 91 reduces
punishment which reduces the crook's cost of doing business, and
the legislation increases costs to the public in at least the
following four ways: it increases the cost of fighting crime; it
increases sellers cost to make up losses; it increases insurance
costs; and it increases replacement property items. He said he
would like to repeal Senate Bill 91, and rethink SB 54 in view
of the above-mentioned points. He related that in order to
reduce costs, the legislature must prevent the criminal's
opportunities to steal, and do not let the bad guys get back on
the street whenever possible.
7:45:23 PM
REPRESENTATIVE EASTMAN asked Mr. Braund to share the six
recommendations he was about to offer when his time ran out.
MR. BRAUND responded as follows: hold the line on drugs, but do
it differently because many addicts are simply self-medicating
because they have problems and then they get hooked on drugs and
do not know how to get off of the drugs; help those who help
addicted individuals change their minds, such as the Fallen-up
Ministries in Wasilla; many individuals self-medicate because
the medical community cannot help them yet, but doctors try;
bring Alaska an amount similar to another PFD; enact a three
strikes law; build more prisons; and enact the death penalty.
7:46:40 PM
REPRESENTATIVE MILLETT asked Mr. Braund to explain his testimony
regarding the increased costs, such as insurance and replacement
costs.
MR. BRAUND explained that when items are stolen, it increases
the costs of fighting crime; it increases the seller's costs and
the seller will make up their losses when the public buys more
stuff; it increases insurance costs; and it increases the
property owner's replacement costs.
7:47:29 PM
JAMES CHRISTIE, Attorney, advised that his family has long ties
to Alaska and the criminal justice system, and he explained that
his grandfather was a law enforcement officer in Juneau, his
father was a district attorney in Anchorage in the 1960s, and he
has been a practicing criminal defense lawyer for 13-years. He
offered strong support for Senate Bill 91, and strongly urged
this body to keep in mind why Senate Bill 91 was passed with
bipartisan support and the support of the Department of Law
(DOL). Senate Bill 91 passed due to the fact that Alaska's
system of retributive justice failed to prevent crime, failed to
prevent recidivism, and failed to be a good steward of the
state's limited resources by investing in a system that paid few
dividends, he explained. The reality is that certain provisions
of Senate Bill 91 have not fully taken effect, and he pointed
out that treating Senate Bill 91 as the cause of the crimes
being seen in Anchorage absolutely ignores the effect that
heroin and opioids have had on this state and the United States.
The fact is, he said, crime has increased across both the
country and across Alaska in lockstep with the growth of the
opioid crisis. While Senate Bill 91 may be a convenient target,
that piece of legislation cannot be blamed for a crime wave that
appeared across the nation and began prior to the passage of
Senate Bill 91. He stressed that Senate Bill 91 is not the
cause of the crime wave seen in Alaska because the cause is
opiates and heroin. At this time, more than any other time in
Alaska, the legislature must forge a new path forward that
reduces crime, reduces recidivism, and actually invests the
state's limited resources wisely. He urged the committee to
stay the course on Senate Bill 91, and he stressed that the
first concern of this body must be to pass a comprehensive
budget. He asked the committee to allow time for this program
to work.
7:50:03 PM
REPRESENTATIVE MILLETT acknowledged that she agrees completely
with Mr. Christie's comments about the state's financial and
opioid crisis. She pointed out that timing has been an issue
she struggles with as to Senate Bill 91, and the implementation
of phase one. She asked Mr. Christie to comment as to the
timing of the passage of Senate Bill 91, and whether phase one
should have been implemented subsequent to phases two and three,
and whether combating the opioid crisis should have taken
precedence.
MR. CHRISTIE commented that hindsight is always 20/20, and he
certainly would not criticize the legislature for having the
courage to pass Senate Bill 91 in the first place. He
acknowledged his inclination to agree with some of the
testimonies regarding slight tweaks that could take place in
Senate Bill 91. He then asked that Representative Millett
clarify her question about timing, and whether she was asking if
he had personally observed an uptick in crime prior to Senate
Bill 91.
REPRESENTATIVE MILLETT described that the state had a perfect
storm take place with the uptick in crime, the opioid crisis,
the financial crisis, the state being in a recession, and then
the legislature laid top of that, criminal justice reform. The
public is looking for something to blame, and the easy target
might be phase one of Senate Bill 91 because that is where all
the reduction in sentencing started.
MR. CHRISTIE expressed that he strongly agrees with her comment,
and acknowledged that over the last 18 months he has heard "so
much misinformation" about Senate Bill 91. He offered his
belief that the pressures that face Alaskans in terms of crime
are the result of external factors, and that the influx of
opiates has been the biggest change in his observations of the
criminal justice system in his career. He explained that when
he first started practicing criminal defense, the state was at
the end of the cocaine and crack epidemic and it quickly
transformed into methamphetamine. Crack was terrible, he
described, and methamphetamines were worse, but heroin and
opiates are an order of magnitude worse. People's ability to
get off of these drugs without serious intervention is
practically nil, and the reality is that simply warehousing
people in jail who are largely addicts, and largely committing
crimes to fuel their addiction, does not accomplish anything in
the long term. He advised that he speaks with his clients who
are oftentimes, unfortunately, sentenced to prison terms, and
his clients have commented that the prisons in Alaska are filled
with drugs. Therefore, he pointed out, sending people to prison
does not get them away from drugs, it does not get them away
from bad influences, and he absolutely supports Representative
Millett's comment.
REPRESENTATIVE MILLETT referred to his statement regarding
tweaks that could be added to SB 54, and asked that he send
those tweaks to Chair Claman's office to distribute to the
members on the committee.
MR. CHRISTIE said he would forward his recommendations to Chair
Claman's office.
7:53:54 PM
CHAIR CLAMAN referred to the timing of phases one, two, and
three, and asked whether there was any way in which to achieve
the savings that would result in reinvestment for various parts
of Senate Bill 91, had the legislature not implemented phase one
at the beginning of the implementation of Senate Bill 91, given
the state's budget challenges.
MR. CHRISTIE responded that he was unsure whether he was
qualified to answer that question because he has not given a
great deal of thought to that issue. He pointed out that the
only crisis he sees facing the state budget-wise, is the
legislature's failure to pass a budget, but that is a topic for
another time.
7:54:46 PM
AMANDA HARBER advised that she and her husband support Senate
Bill 91, and they do not want it repealed. She explained their
belief that Senate Bill 91 was carefully researched, and they
find it troubling to hear so much misinformation with Senate
Bill 91 being blamed for so much pain. She expressed that
Senate Bill 91 is a step in the right direction in addressing
the real crisis of addiction and the cycle of trauma it creates.
The efforts of the state need to turn to supporting and funding
those who help our fellow human beings by saving lives, saving
families, and those who provide treatment, rehabilitation,
counseling, and therapy. Putting people in jail does not save
lives and families, and she stressed that compassion is the
right path for Alaskans.
7:55:47 PM
STEVE ST. CLAIR advised that he is representing himself as a
retired military policeman with more than 20 years' experience
in law enforcement and corrections. He pointed out that the
increase in crime can be directly attributed to economic
conditions and deterrents, and it is well documented that the
State of Alaska is in a recession which is a contributing factor
to the increase of criminal activity. He said that SB 54 and
Senate Bill 91 have had significant impacts on deterrents, and
that almost all crimes, minus murder and other heinous crimes,
have been reduced. The intent of SB 54 and Senate Bill 91 was
to decrease fiscal costs by decreasing the number of those
incarcerated, and this has been accomplished at the expense of
public safety. While serving on the Juvenile Review Board
(JRB), comprised of law enforcement, mental health officials,
and educators, the board reviewed cases of juvenile misconduct
in an effort to determine the root cause of juveniles' behavior.
He remarked that nine times out of ten, juveniles would state
that they did not feel they would get into trouble, or that the
punishment was so lenient it was worth the risk, which is one of
the causes of Alaska's uptick in crime. He suggested voting
down SB 54 because the changes are too small to make a
significant reduction in crime, and then begin the repeal
process of Senate Bill 91 for public safety purposes.
Subsequent to Senate Bill 91 being repealed, draft several
pieces of legislation that is more compartmentalized to specific
crimes and punishment, without another omnibus bill. He
suggested seeking out those who enforce the laws, and those with
their boots on the ground, because that leadership tactic is
effective.
7:58:06 PM
ABBY ST. CLAIR advised that a 2011 U.S.A. Today article
regarding the nation's most dangerous states, listed Alaska in
third place because 79.7 residents out of every 100,000
residents are raped, the nation's highest in 2011. According to
the FBI Uniform Crime Report, Alaska's rape rate skyrocketed in
2016 to 102 residents out of every 100,000 residents, which only
accounts for those cases that were reported. The media station
KTUU quoted the FBI crime in Alaska to read: one murder is
conducted every week, one arson every two-days, one robbery
every 10-hours, one rape every eight hours, one vehicle theft
every three-hours, (audio difficulties) every two-hours, one
burglary every two-hours, and one larceny every 29-minutes. She
reiterated previous testimonies regarding the contributing
factors in the uptick in crimes as follows: the state is in a
recession; unemployment rates are at a high; drug usage is on
the rise; and law enforcement positions are unfilled. During
the hearing on the floor of the House of Representatives
yesterday, she noted that the focus was on the prison population
and reducing recidivism. She asked what happened to public
safety. Last year, she said, U.S. News ranked Alaska as the
49th out of 50 states regarding the best states for public
safety. She asked whether the legislature expects Alaska to hit
rock bottom before doing anything about public safety. She
urged the committee to put public safety back to the top of the
list of priorities, and commented that, "you've certainly taken
enough from Alaskans to make this happen." She further urged
the committee to vote no on SB 54 and begin the repeal process
of Senate Bill 91 because there are too many mistakes in Senate
Bill 91 that SB 54 cannot fix. Alaska must be tough on crime to
take back the state, she remarked.
8:00:15 PM
RAYMOND O'NEILL advised that he lives in a secure condominium
building in downtown Anchorage, and offered the following: in
July 2016 his car was stolen; in July 2017 the condominium
building was broken into and his bicycle was stolen, and several
other tenants were burglarized; and in August 2017 the Midtown
office building he works in was burglarized and a couple of
laptops and the company vehicle was stolen. Nevertheless, he
said, he attended a townhall meeting last week and a couple of
the researchers who put the bill together, with the idea of
reducing recidivism and encouraging rehabilitation, offered a
presentation and it was apparent that Senate Bill 91 had not
been given its full term. He pointed out that funding will come
into place to help fund rehabilitation, and he encouraged the
committee to not repeal Senate Bill 91. He stressed that even
given the amount of crime he has experienced, he does not
believe putting people in jail is helpful because jail creates
criminals. Mr. O'Neill reminded the committee that this country
is about locking people up, and commented that prisons are a big
industry with a lot of money to be made, and he becomes
suspicious when the legislature gets so heated and acts so
quickly in this climate of industry-driven legislation.
8:02:51 PM
CATHLEEN McLAUGHLIN, Director, Partner's Re-Entry Center,
advised she is speaking on her own behalf. She described
herself as lucky because she has been the Director of the
Partner's Re-Entry Center for the past four-years, and with her
boots on the ground has seen the benefits of Senate Bill 91.
Oftentimes, she pointed out, people want a home run and want to
swing for the fences, and all of a sudden everything will be
perfect. She described that criminal justice reform is like
playing small ball baseball, it will take some time to get to
what the public wants, which is to win the game, but that will
not happen overnight. The Partner's Re-Entry Center has been
around and has been a beneficiary of what Senate Bill 91 has
done, and what SB 54 will continue to do by correcting some of
the things that needed to be corrected, she said. Due to Senate
Bill 91, she advised, the Partner's Re-Entry Center has been
able to do the following: get people applying for Medicaid;
obtain immediate or very quick medical services; put people into
medically assisted treatment; it started a Vivitrol program; it
started a Alaska Native Re-Entry Group program that advocates
for Alaska Natives that are over-represented in the prison
system; and the Center has used a few amounts of criminal
justice reinvestment to enhance housing for people being
released from prison after long, long, sentences. The Partner's
Re-Entry Center knows that community-based re-entry does work,
and she suggested, "let's look for the long haul of trying to
enhance the project and not just throw it away at this point."
8:05:32 PM
NORIA CLARK advised that she is representing herself as an angry
citizen because Senate Bill 91 was passed under the fa?ade that
it would save money. She expressed that the state is now facing
a crime epidemic thanks to the legislature's failures and
forcing productive members of society into a state of emergency
by allowing these degenerates to run rampant on public streets
terrorizing citizens. She said that Senate Bill 91 promised
treatment programs with the saved $300 million, and asked where
are the treatment programs. Currently, under Senate Bill 91,
possession of any amount of drugs, such as heroin, are
considered a Class A misdemeanor, (audio difficulties) can you
have a pound of heroin in a stolen vehicle. In the event the
offender says that they did not know the vehicle was stolen,
(audio difficulties) massive amounts of heroin on hand for
personal use. Also, she said, even if the person was to be
arrested for intent to sell, which is a Class C felony, if it is
their first offense and they are convicted, they receive up to
one and one-half years suspended imprisonment. Therefore, they
are free on the streets again without any time served for any of
these offenses. The problem with repeat offenders, she said, is
that no one is being arrested, prosecuted, and convicted
currently, and commented that "They will effectively always be
first-time offenders, will they not?" She described that this
is the epitome of a dog chasing its tail, and SB 54 will be
equivalent to putting a band-aid on a leg amputation. She
advised that she is from Arizona, and Arizona has a "three
strikes and you're out" law, especially for felonies, but they
have to be convicted first. She pointed to page 10,
Practitioner Guide to Senate Bill 91, and said there are
egregious amounts of waste when it comes to not convicting
anyone and being consistently perpetrated against. She stressed
that imposing an income tax during a recession is "classic mob
style tactics, we're payin it for your protection." It is not a
good idea and, hopefully, in the next election, the committee
members can be re-elected if they can help to figure out how to
handle this issue.
8:08:12 PM
TAMMY DUFF advised that she was speaking for her family and said
that she no longer feels safe walking in Anchorage. Her
neighborhood has been hard hit with random break-ins to
vehicles, damage to properties, cars stolen, and she said she
found items tossed into her yard that belong to her neighbors
from their stolen vehicles. The crime level impacts businesses,
such as grocery stores that are hit hard by thefts and that
causes prices to rise, and Alaskans already pay a high rate for
everyday items. She advised that she had personally seen a drug
deal take place at the local post office, and the post office
clerk did not seem to care to get involved. Several people,
including herself, avoid going downtown because thefts
continuously occur, such that last week while a colleague was
discussing her car being broken into with a policeman, a car on
a lower level was broken into. This is unacceptable, she
described, and Senate Bill 91 needs to be totally repealed, and
voters need to be offered a voice to choose how to deal with
these criminals. She asked that this bill be repealed before
society turns more violent, which research has shown shows
happen as criminals become more confident. Alaskans are relying
on the legislature to make the right choice for law abiding
citizens, and she is against Senate Bill 91, and SB 54. She
advised the committee members to not implement an income tax to
fix this problem because hardworking Alaskans, who vote, do not
need to be more burdened. Alaskans are worried for their
safety, and she asked that legislators ensure that their
constituents are safe.
8:10:28 PM
RHONDA PITKA, Chief of the Village of Beaver, advised that it is
too early to determine the cause of the increase in Alaska's
crime rates in relation to Senate Bill 91. She pointed out that
crime rates have been on the rise for decades, violent crimes
rates have increased since 1986, and property crimes have been
increasing since 2011. Many of the provisions in Senate Bill 91
show potential and the legislation needs time to be implemented
before being evaluated, but the legislature needs to work toward
a budget and fully funding the Department of Law (DOL). She
stressed that she lives in a rural area of Alaska and the
Village Public Safety Officer (VPSO) services have been cut
considerably in the last few years, which has impacted rural
areas more than Senate Bill 91. There have been several
instances where it has taken days for the Alaska State Troopers
to get to the rural area villages, and that fact impacts rural
Alaskans more than Senate Bill 91. She asked the committee to
fully fund the Department of Corrections (DOC) and the VPSO
programs.
8:12:23 PM
LEONARD MARTIN offered testimony as follows:
Hello. My name is Leonard Martin. I am in
Anchorage, Alaska and I represent myself and I
also speak on behalf of my cousin, Gregory Martin
Skill, who cannot speak because he was murdered on
September 10, by a drug abuser who has repeated
interactions with the law, but has yet to be
convicted, from what I understand, on any of these
crimes. In that timeframe, this person's crimes
escalated to what I consider to be a capital
offense in short order before he could be
convicted of any crime on any type of a first-time
offense. Some of the problems with SB 91 are that
it addresses first-time offenses for specific
crimes. That being that you could be convicted as
a first-time offender for a DWI, but now if you
commit a further crime, say for a drug conviction
or a drug crime, that is still a first-time
offense. All of these crimes as a whole need to
be combined together to prove a pattern within a
criminal. The laws are too soft, SB 91 does
nothing to address these. It speaks only to the
criminals and treatment of them. Prisons need to
be a deterrent, a very long deterrent, that is the
only way that people are going to recognize that
there is a -- a consequence to their actions.
Their actions also translate to their families. I
heard many testimonies here about the effects of
people whose parents were in prison as drug
addicts, they were alcoholics, and now they're
themselves drug addicts and alcoholics. There's a
pattern here. It grows in our small communities
and it continues to grow. These are the problems
that we need help with. It's not the prison's job
to do that. I think we should help people when
they are in prison, but we also need to protect
the public first. I don't support SB 91, I think
it's very broad and encompassing, we need to
repeal it, we need to deal with these laws in a
much more compartmental fashion. I urge you to
repeal SB 91 and take SB 54 off the table until we
can put facilities in place to do the treatment
and the rehabilitation. You got the -- you got
the cart ahead of the horse on this, guys. Thank
you for your time.
8:15:04 PM
LOI RICKER advised that the legislature lost the trust of
Alaska's hard-working taxpayers because Alaska's towns are
running rampant with crime, and crime has increased with
the passage of Senate Bill 91, and SB 54 will not fix
Senate Bill 91. (Audio difficulties) tonight, and taking
it all in, if a person is an attorney, or in the mental
health business, or a criminal, "the deck is stacked pretty
high on your side." In reality, she said, the rest of
Alaska sees fear building, and that courts have also
declined. She related that she is most bothered by the $22
million spent on Senate Bill 91, and that the state now has
a (indisc.) system $18 million starting January 1. She
related that the legislature implemented Senate Bill 91 in
the wrong order, and asked "Where did the $22 million go?
And, you are not going to answer me, but I also would like
to know if this Senate Bill 91 and SB 54 are so great, why
are there no public service announcements?"
8:17:48 PM
LINDA SHARP advised that she would like Senate Bill 91
repealed. Ms. Sharp relayed her sympathies to the families
who have lost a loved one to murder or a violent crime
because they are suffering from the terrible things that
happening to their families. She noted that she has lived
in Midtown Anchorage for 30 years, she has watched crime
increase during 2016 and 2017 by quite a bit, and she has
called 911 more often than in previous years. She noted
that it appears Senate Bill 91 contributed to the increase
in crime, and acknowledged that undoubtedly the drug crisis
throughout the nation is part of the problem. There are
more people standing on the streets begging, more street
corners loaded with people begging, and she said she would
like to see a state law prohibiting begging on the street
corner.
MS. SHARP, in response to Chair Claman, advised that she
does not support SB 54.
8:20:32 PM
DEBORAH McINTYRE said that she is speaking on her own
behalf as a life-long Alaskan, and she has watched crime go
up and down. She opined that like a lot of her neighbors
and family members, she had no idea what was going on with
Senate Bill 91 until the crime rate began exploding. She
related that she has seen things taking place in Anchorage
that she had never seen before such as, almost having her
truck stolen, and now there are nightly watches in her
neighborhood. Although, she acknowledged, she is not an
expert and she could not necessarily contribute the events
to Senate Bill 91, but she does not trust her legislators,
and emotionally she does not want anything to do with
Senate Bill 91, or SB 54. She asked the committee members
to please make safety the priority because currently a
person in an Anchorage parking lot at 10:00 a.m., is not
necessarily safe, and elders and children are now being
targeted, and violence is escalating. She advised that her
husband stopped a person from stealing his truck in their
driveway a year ago and she thought that was bad, but over
the past year it has only gotten worse. She stated, "You
never had rehab at the forefront, my feeling is that this
is about saving money for our politicians." She asked that
legislators start over and put the safety of Alaskans at
the top, "and, if you don't, I can tell you now, you are
all going to be voted out of office because that is where
we're at with this in Anchorage."
8:23:25 PM
PETE MLYNARIK, Chief of Police, advised that he is the
Chief of Police for Soldatna, and he is also a board member
for the Alaska Association of Chiefs of Police. Chief
Mlynarik related that he supports some of the changes in SB
54, such as the presumptive range for Class C felonies,
active imprisonment for Class C felonies, and changing
violations of conditions of release from a violation back
to a misdemeanor. He explained that the three issues
adversely impacting public safety are as follows: the
fiscal crisis, (indisc.), and the bail schedule.
Obviously, the goal is to help rehabilitate people which is
not a short process, and the opiate crisis is serious, he
stressed. Chief Mlynarik pointed to the importance of
adopting the following: adopt these changes [in SB 54];
support the Department of Law (DOL) with more resources;
restore judicial discretion; fulfill the promises of Senate
Bill 91 by funding drug and alcohol rehabilitation
programs; place statutory limitations on releasing repeat
offenders on their own recognizance (OR); restore the bail
schedule; and enable courts to "sanction those who pay
fines and restitution."
8:25:39 PM
REPRESENTATIVE MILLETT asked that Chief Mlynarik forward
his recommendations to Chair Claman's office to distribute
to the members of the committee.
REPRESENTATIVE KOPP thanked Chief Mlynarik for his long
service to the state with the Alaska State Troopers and as
a municipal police chief. He related that this committee
appreciated his thoughtful recommendations.
8:26:49 PM
MORGAN WHITE, Attorney, advised that he was speaking for
his family, and as a professional on the ground working
daily with public defenders, probation and parole officers,
district attorneys, judges, and clerks. He related that he
sees the impact of Senate Bill 91 daily, and stressed that
it would be a bad idea to just change course all of a
sudden, and noted that SB 54 makes minor corrections to
many of the changes. He remarked that previous testifiers,
such as Soldatna Chief of Police Pete Mlynarik, Director of
the Partner's Re-Entry Center Cathleen McLaughlin, and
criminal defense attorney James Christie, are all in
support of the legislation. The reason being, he
explained, is that these people have boots on the ground
and see what everyone wants: more people accepting personal
responsibility; deterring other people and at the same time
helping people address their use of the drugs through self-
medication; helping the people that are helping drug
addicts; and helping people make the good choices that can
help keep them from victimizing themselves and other
people. He said that he supports the legislators who give
strong thought to the minor revisions to Senate Bill 91
through SB 54.
8:29:01 PM
VICKI WALLNER, Founder, Stop Valley Thieves, advised that
Stop Valley Thieves is an organization with over 15,000
members and she speaks for a majority of the members.
Senate Bill 54 is a band-aid for "gut-shot" Alaskans and
people are crying out for help. No rehabilitation was
available for all of the people "that you have turned loose
on us, and we are suffering those effects." She commented
that the legislature had advised that when enough money was
saved up, rehabilitation would take place, except Alaskans
are paying for it every single day. The legislature
released people from prison with no rehabilitation and no
safety net for Alaskans, even though the public was
promised public safety. She said that Dean Williams,
[Commissioner of the Department of Corrections] testified
that 11,000 people have been released, and of those 11,000
people, it is expected that 66 percent will recidivate
within three years. Therefore, 7,000 people have been
released on the street with the state knowing they will
commit another crime. She questioned why legislators must
study the reasons Senate Bill 91 had problems with the
crime rate going up, because it doesn't take a rocket
scientist. There are good parts to Senate Bill 91, she
acknowledged, but it needs to be repealed and the good
parts put into a different bill when the state has the
money to put into rehabilitation centers. She said,
"You've basically given the citizens a crime tax that we're
payin every single day in every way possible. And, people
are crying out to you folks to help. And you're going to
give them a 25-page bill after you've passed 125-pages?"
She asked that the committee put SB 54 back into the
drawer, repeal Senate Bill 91, and pass legislation that
will work.
8:31:39 PM
REPRESENTATIVE MILLETT advised Ms. Wallner that not enough
legislators were in agreement to repeal Senate Bill 91. In
moving forward with SB 54, she said she is looking for
constructive criticism and help crafting SB 54 in a
meaningful manner, and not just as a band-aid. She asked
Ms. Wallner to send any recommendations she may have to
Chair Claman's office to distribute to the members of the
committee.
MS. WALLNER agreed to forward her recommendations to Chair
Claman's office.
8:32:39 PM
RUBY DEE BUCHANON advised that she agrees with the perfect
storm analysis, and that she appreciates the time and
effort that went into crafting Senate Bill 91 to make
Alaska a better place to live. Although, she commented, in
a perfect storm it is our responsibility not to walk into
the middle of a lake and hold an umbrella, which is what is
happening when leaving Senate Bill 91 in place and crafting
SB 54 as a band-aid. Rehabilitation has not been funded
for Senate Bill 91 because the state does not have the
money, and the legislation was passed before the public had
knowledge of the current opioid crisis, so it doesn't even
address that crisis. She related that she had read SB 54,
Versions A, B, and C, and she believes Version C is
currently the best because the finance committee put a lot
of thought into that version. Except, she remarked,
Version C does not go far enough to correct the errors in
Senate Bill 91 and neither bill addresses Alaska as the
crime destination it has become. She said she has two
friends in San Diego who are retired police officers and
harbor patrol, who worked against the "Bloods and Crips"
and arrest people for felony crimes. They advised that on
numerous occasions they have arrested someone for their
second felony [charge] and the first thing the offender
said was, "Well, I guess I'm moving to Alaska," because it
is common knowledge amongst the Bloods and Crips in
California that they should move to Alaska because they
won't be prosecuted for their crime as a third time and
you're out. She said Alaska has become a crime destination
because members of the Bloods and Crips and gangs in
different states have moved to Alaska because Alaska will
not put them behind bars for their third offense. She said
that she would like a "third time and you're out" law in
Alaska that includes convictions in other states.
8:35:41 PM
PAT TYSON advised that he is speaking for his wife and
himself as an Alaska resident for 43 years. After
listening to the testimonies tonight, he said he is deeply
disturbed about Senate Bill 91 and SB 54 because they both
need to be sent to the trash can and legislators need to
start over from the beginning. He related that his wife
has people walking out of the store with merchandise under
their arms and the police cannot keep up with the thefts,
and there are no repercussions. He said he does not
understand how legislators could justify Senate Bill 91
with all of the car thefts and break-ins taking place, "you
guys are responsible." There is no fixing it, the
legislation needs to be repealed. He stressed that he is
disgusted with what has happened to the state, and living
here and dealing with what the legislators are doing in the
legislature.
8:37:07 PM
REPRESENTATIVE EASTMAN asked his understanding as to why
the police would not do something about theft in retail
stores.
MR. TYSON responded that that are no repercussions, he can
call the police, but they are so backlogged they may not
arrive at the store, it is like catch and release. By the
time the police prepare their report on the theft, the
person has already walked in and out of the door of the
jailhouse. The committee heard testimony that jail makes
people criminals, but a person doesn't go to jail unless
they commit a crime so they are a criminal when they go to
jail, the jail does not make someone a criminal. Although,
he acknowledged it might make the person a better criminal
but that is not his problem. He said his problem is people
walking out of the store with his wife's merchandise
because she has to pay for the merchandise. The
legislature must create a system where people pay the price
for doing something wrong, the legislature can set up
whatever programs for drug and alcohol abuse but no one
will get off drugs unless they want to get off drugs.
Rehabilitation does not work unless the person has hit rock
bottom and he/she wants out, that's how rehabilitation will
work, he related.
REPRESENTATIVE EASTMAN commented that Mr. Tyson was right
to ask the legislature to do better.
8:39:22 PM
SHAWN WILLIAMS advised that he is a 38-year Anchorage
resident, and he considers himself a compassionate
Christian. He advised that he organized the Change.com
Repeal SB 91 Petition that has almost 4,000 supporters, as
well as a group of Anchorage business owners who support a
full repeal of Senate Bill 91. The Alaska legislature took
many good things, such as higher sentences for murders and
protection for sex workers and grouped those in with a
terrible bill, and he suggested those issues be re-
addressed in their own piece of legislation. He offered
suggestions as to how the legislature could reduce
recidivism, save the state money, and institute criminal
justice reform, as follows: invest in mental health or
addiction rehabilitation in the beginning of the process;
post incarceration (indisc.) programs; include more opiate
control regulations; and fully fund the district attorney's
office. Economic research has shown that longer sentences
only work up to a certain point, the same person who would
steal a car and chance punishment of five-years would do
the same for a punishment of 20-years, they simply don't
care. He suggested that swift and certain punishment with
a reasonable sentence is where the state can save money,
but the state must send those criminals to jail. Alaskans
do not need scientific data to tell them that its city is
going to the criminals because many business owners share
story after story, weekend after weekend, of being a
victim. He stressed that scheduling this testimony last
minute gives him, and many others, the feeling that Chair
Claman is putting the fast-track on SB 54. He pointed out
that legislator's jobs are on the line, and he has heard 10
to 1 against Senate Bill 91 in the calls this evening. He
reminded the committee that the public votes and it will
remember who supported SB 54, and not a repeal of Senate
Bill 91.
REPRESENTATIVE MILLETT asked that Mr. Williams forward
information about Change.com and its 4,000 members and its
list of supporting businesses to Chair Claman's office to
be distributed to committee members.
MR. WILLIAMS answered that he would put the information
together.
8:42:04 PM
MIKE SHAFFER, Attorney, Municipality of Anchorage
Prosecutor's Office, advised that he wanted to make clear
that he was testifying in his individual capacity and he
was not speaking in any manner for the Municipality of
Anchorage in general, or for the Department of Law,
Prosecutor's Office, in particular. He pointed out that
his testimony was based on what he has seen, and that the
aftermath of Senate Bill 91 has caused criminal havoc on
the state.
Clearly, he said, in Anchorage there is an increase in
criminal activity on all levels, but there are other
factors to consider in the increase of crime, but Senate
Bill 91 has done much to fuel the criminal flame. Mainly,
he said, it is the manner in which it has embodied the
criminal community that was not the case prior to the crime
bill. From his perspective, he said, it has dramatically
limited the basic tools of the prosecutors and judges in
"our efforts" to do something simple, which is to hold
criminal offenders accountable. He said he would not speak
to whether Senate Bill 91 should, or should not, be
repealed, but he would say that SB 54 is not an effective
fix in any manner for the problems. His analogy, he
advised, is that previously the system was like an open
wound and needed some stiches, but it didn't need major
surgery. The approach in this instance was to put gangrene
into the wound and say that would fix the problems because
(audio difficulties) it's had the effect that gangrene will
have, and SB 54 is a band-aid on that wound. Sending
people to jail for five-days for stealing will not deter
people. He said that the costs of jail are significant,
but they are dwarfed by this (indisc). costs have greatly
exacerbated criminal activity. He urged the legislature to
strongly reconsider what is happening and do something more
to fix it.
REPRESENTATIVE MILLETT asked that, as an Anchorage
prosecutor ...
CHAIR CLAMAN interrupted Representative Millett and pointed
out that Mr. Shaffer was not speaking on behalf of the
Municipality of Anchorage and he was not speaking with
authorization from the Prosecutor's Office.
REPRESENTATIVE MILLETT asked that Mr. Shaffer forward to
Chair Claman's office, any constructive amendments, or
thoughts as to how to make SB 54 stronger and help
prosecutors do their job better and put tools back into the
toolbox.
MR. SHAFFER said that he would forward the information, and
commented that the penalties for second Class A
misdemeanors currently, even under the crime bill, on a
second offense go from a cap of 30-days, to a cap of 360-
days. Senate Bill 54 institutes a cap of 60-days on a
second offense, and he opined that that is completely
counter-effective when trying to deal with Class A
misdemeanors in many categories. He said that he strongly
urges the committee to scrap that provision.
8:47:08 PM
MAXINE DOOGAN, Community United for Safety and Protection
(CUSP), advised that the Community United for Safety and
Protection opposes SB 54, and especially Sections 3, 5, 13,
14, 20, and 22. The Department of Law (DOL) "flip-flopped"
on its previous position and wrote that Sections 39 and 40
of Senate Bill 91 were presumably intended to prevent the
state from prosecuting cooperatives of independent sex
workers who are working in the same location as a sex
trafficking enterprise, yet a sex trafficking enterprise is
not defined in the statute. She acknowledged that having a
prostitution enterprise is defined in the sex trafficking
statute in the second degree. A person cannot be charged
with the exception defined in the subsection of AS
11.66.130 to get away the conduct in AS 11.66.120.
Repealing the section in SB 54 is unnecessary and would
have a negative impact on public safety because it would
disincentivizes sex workers from reporting crimes.
Meanwhile, the proposed language in Section 3, of SB 54 is
unduly confusing, she said. Alaskan sex workers should not
be in a situation where they have to ask themselves whether
they could safely report a crime without being charged with
sex trafficking. The legislature should not pass another
evidence-based bill, and CUSP opposes it for these reasons.
8:49:14 PM
SEAN STRAUSS advised that he has lived in Juneau for 16
years. Alaska is experiencing a crime emergency and to
that end, he tentatively supports SB 54. Although, he
related, crime is tied to economic conditions and he
implored every legislator to work together to pass a fair
income tax where all people and all corporations are taxed
fairly and each pays their fair share. He stated that he
agrees with some of the heart wrenching testimony because
even the criminals' voices deserve to be heard, and every
law abiding Alaskan needs to feel safe in their homes. He
said that he does tentatively support opioid addicts
receiving an opportunity and not just incarceration. He
then asked the committee to amend SB 54 to include language
that any individual arrested for an opioid addiction crime
must answer these specific questions: who they purchased
from; where and when did they make these purchases; and who
do they know that is experiencing an opioid emergency. In
the event these people do not give forthright information
to these questions, then leniency should not be given, he
stated.
8:53:01 PM
JOHN POWERS, Owner/Operator, Tudor Bingo Center, advised
that he represents his customers and guests. Recently, he
related, a purse snatching took place in front of his
building and that same evening, that same individual
carjacked a vehicle. The same individual came back the
next night and was recognized, when the police arrived and
were shown a video of the individual, the police were
unable to do anything about the individual. He said that
he guessed the police do not arrest any longer for these
types of crimes, and "give you a little written citation."
Anchorage police officers have advised that it is
frustrating for them because they get these criminals and
they can't put them in jail, and they have to give them a
citation. He advised that individuals are detained for a
few minutes to answer some questions, and the criminals
laugh at the officers. He does not support Senate Bill 91,
and SB 54 is still under review because it needs some work,
he related.
REPRESENTATIVE MILLETT asked what the cost to his business
has been, and whether there has been a drop in his business
due to the wave of crime being experienced.
MR. POWERS estimated that the cost will be upwards of
$200,000 for security guards at Tudor Bingo Center and at
the new Big Valley Bingo. He stressed that that money
could be going to his 43 charities and wife's 12 charities:
Bean's Caf?, Children's' Lunchbox, APOA, Foodbank of
Alaska, Foodbank of Wasilla, Covenant House, First Alaskans
Institute, and more. He said that hiring armed or unarmed
security is currently the cost of doing business and it had
not been that way for 23 years.
8:57:52 PM
LARRY PARISH advised that he was representing himself and
would like to do away with Senate Bill 91, and SB 54. He
noted that he is the legislature's employer because
legislators are paid by the State of Alaska to "sit up
there and pass notes and text back and forth, which I think
the cell phone should be left outside the chambers while
you are in chambers, so we can get something done instead
of this dilly-dallying around."
8:58:55 PM
AUDREY CUCULLU, Executive Coordinator, Kenai Peninsula Re-
Entry Coalition, advised that together with being the
executive coordinator for the Kenai Peninsula Re-Entry
Coalition, she is a person in long-term recovery. She
advised that the coalition agrees with Soldotna Chief of
Police Mlynarik and the solutions he brought forward, it
supports criminal justice reform, and it definitely
supports Senate Bill 91 and SB 54. She said, "We do not
want to throw the baby out with the bathwater."
8:59:46 PM
KERRI BOSSARD advised that she was calling on behalf of her
husband and herself. She explained that she has lived in
various areas of the nation and never has she been as
scared as she is living in Anchorage. She has an office at
the Alaska Regional Hospital and she does not feel safe
walking to her car in the middle of the day, or being in
the hospital, or taking care of patients, or driving in
during the middle of the night. She recommended a major
overhaul of Senate Bill 54, she does not support Senate
Bill 91, but she agrees with supporting mental health
rehabilitation and services for individuals and drug
addicts. She related that, "But the way this has come
about has not been managed well.
9:01:03 PM
ELIZABETH THOMAS advised that she was calling on behalf of
her family. She said that her daughter, granddaughter, and
she lived in Midtown for five-years. They did not own an
automobile and they could walk to the store in the evening
because they didn't have to worry about anyone bothering
them. Two years ago, she advised that they bought a car
and moved to the other side of town. Currently, they can't
leave anything in the backseat, and she had to use her PFD
to buy a gun to protect her family, she has to look out the
window when she hears something, and when she goes outside
to get in the car, she still has to look around because she
doesn't want anything to happen to her family. She
commented that her granddaughter attends UAA and expressed
concern about what her granddaughter has to look forward to
by staying and working in Alaska with this crime crisis.
She said she does not support Senate Bill 91 because "it is
a big joke," and SB 54 will not fix these issues.
9:03:41 PM
MARY NANUWAK said that she was speaking on her own behalf.
She advised that she had watched the floor session of the
House of Representatives, and commented that it was amazing
to hear what people had to say, and the comments are not
anything rude because these are things that happen over and
over (indisc.) every session of this special session and it
is hard to believe. (Audio difficulties) really define
what productive activity and (audio difficulties risk
assessment. She asked who does the risk assessment, and
said she was asking this question because (audio
difficulties) lawyers and the senators (indisc.) has never
really done their job, and their excuses were incredible.
She advised that she is not a brain surgeon, (audio
difficulties), and she is "not this and that," if that is
going to be the excuse maybe some legislators should step
down and let the brain surgeons or cosmonauts do the work
and maybe the public would get some work. (Audio
difficulties) and when she can't, she said that people are
a commodity and they are not even human. Someone had said
(audio difficulties) and she concurred, and when concurring
with somebody's thinking that's not doing the job. She
said she does not support Senate Bill 91 or SB 54.
9:06:25 PM
MARNA SANFORD, Attorney, advised that she is speaking on
her own behalf as a former public defender. She pointed
out that even though she is a lawyer, she is "a regular
Alaskan" who supported Senate Bill 91, she supported SB 55
to fix the technical issues, and she now supports SB 54 in
giving the judges more discretion and setting some issues
straight. She added that she liked SB 54 in its original
form. While she acknowledged that she is a lawyer, she
advised that that does not preclude her from any of the
frustrations being experienced currently because her truck
was broken into this year, and she understands that people
want to see punishment. One of the problems with the
[manner in which] Senate Bill 91 was implemented into each
Alaskan's life was [the lack of explanation of the fact]
that the punishment of someone going to jail when someone
hurts us, does not work. For example, she offered, the
person who broke into her car will go into jail as an
addict, and they will be released from jail as an addict,
and they will break into another person's car. The whole
idea behind Senate Bill 91 was to stop that cycle and it
was not communicated well with the public, she explained,
and that is an issue. She referred to Mr. Powers testimony
about people being, basically, robbed at the Tudor Bingo
Center and that law enforcement can't do anything about it.
Except, Ms. Sanford argued, the situations Mr. Powers
described are classified as first- and second-degree
robbery, and those are absolutely arrestable offenses. In
the event police officers are telling the public that they
cannot arrest in those situations, she stressed that that
is completely false and misinformation. She pointed out
that that is the kind of misinformation that has been
spread during this last year, [including the misinformation
about] the crime rate spread like wildfire, and people are
capitalizing on that misinformation, and those are just not
the facts. Senate Bill 54 takes into account the issues
that need to be fixed, and she urged the committee to pass
it in its original form. She noted that she applauds the
committee for staying so late to listen to the public's
concerns.
9:09:02 PM
TERRIA WALTERS, Founder/President, Fallen Up Ministries,
advised that she is speaking on behalf of her organization
and as a victim, and that she supports Senate Bill 91. The
Fallen-up Ministries organization works directly with
incarcerated individuals who are about to be released from
prison. Ms. Walters advised that she was in the prison
system from 1984 until 2016 when she was released from
parole, she knows how the system works, and she knows the
things that are broken within the system. She related that
she wished the 30-days for 30-days was implemented at that
time because she ended up doing all of her parole even with
no violations. She continued her testimony as follows:
But, I want to say that, something that, I
benefited from Senate Bill 91, and that was, my
son was murdered two years ago and the individual
that killed my son ... the mandatory minimum was
10 years and now it is 20 years. And, the guy
accepted a deal for 60 years with 25 years
suspended to serve 35 years with no parole. And,
I believe that was the -- only accepted that
because he would do three-years more than the
mandatory minimum. If Senate Bill 91 was to be
repealed, he could take that opportunity to go
back before ... what is called a post-conviction
release to be re-sentenced so that he could apply
for parole. I know how the system operates and I
know that there's things that need to be fixed.
And, one of those things is that, I just encourage
those that are part of Department of Corrections
and, you know, this reinvestment piece, that they
utilize the services that are out there, such as
our organization where we actually detox people
using the bridge device. We do have solutions, we
want to be part of the solution, and be that piece
to help individuals transition back into the
community. And, we know that -- I know that the
rise in crime or what they say the rising is ...
not because of Senate Bill 91, it's the underlying
issue of addiction and people needing services. I
talk to individuals all the time that are wanting
help and cannot get it. I just wanted to thank
you guys, and I support Senate Bill 91, and SB 54.
And, I just ask that you continue doing what you
are doing, and I don't want to see a repeal.
9:12:32 PM
MICHELLE BROWN advised that she has lived in Anchorage over
20 years, she served in the military for seven-years, and
she considers Alaska her home. She said she has heard
people claiming that under Senate Bill 91 the victims have
rights. She offered testimony as follows:
Last year I was the victim of a violent assault
and attacked by a stranger who is not an addict,
not addicted to any opioids, which is what I've
heard some people blame this crime epidemic on.
Despite after release from the hospital situation,
the defendant followed me out of an establishment
to the parking lot, pushing, shoving, yelling, and
then attacking me. I was punched in the face
repeatedly, pushed to the ground, I used my arms
to protect my face, and after several minutes my
friend was able to drag her away by the foot. She
again tried to come at me multiple times. I've
always considered myself to feel safe in our state
and that our legal system would bring me justice
if I was wronged, but I've learned that is not the
case. Due to Senate Bill 91, the municipal
prosecutor office offered the defendant the
following deal: for pleading guilty to assault
four, a $500 fine with $250 suspended, 90 days in
jail with 90 suspended, $200 for costs of court
appointed counsel, and $50 sur charge, plus three-
years' probation, and $250 restitution. However,
considering the restitution office is no longer
funded, it is likely I'm no longer going to see --
I won't ever see that money. They also agreed to
not charge a subsequent disorderly conduct charge
that she had picked up after the assault. So,
someone who violently attacked a stranger paid a
total of $500 and is now back on the street. She
is on the record boasting and bragging about her
crimes. The judge specifically told her that he
tries to be optimistic for first-time offenders in
hopes that he won't see them again. But, in this
case he was confident she'd be back. The
defendant served no jailtime and walked away from
this crime [for] $500. As a victim, I'm left to
pick up the broken pieces for the feeling that
justice was not served. District Attorney Clint
Campion recently conducted an interview at KTUU in
which he is quoted as saying, "As a prosecutor, I
strongly believe in general deterrent. That is,
you can't catch everyone that commits a crime, you
can't prosecute everyone that commits a crime, but
there has to be a perception that when you commit
a crime, that you might get caught. And, if
you're caught, you're going to get punished." It
is my belief that general deterrence is minimum in
Alaska, and that public safety is threatened. I
want to feel safe, protected, and feel that
justice is served when a crime is committed. I do
not support SB 54, I want something better for our
state that starts with a repeal of Senate Bill 91,
and laws that are in favor of victims.
CHAIR CLAMAN closed public testimony on SB 54.
[SB 54 was held over.]
9:16:19 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 9:16 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB54 ver N 10.23.17.PDF |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM HJUD 10/26/2017 9:00:00 AM |
SB 54 |
| SB54 Sponsor Statement ver N 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Sectional Summary ver N 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Summary of Changes (ver. A to ver. N) 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Bill Contents ver N 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 ACJC Recommendations 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Alaska Criminal Justice Commission Annual Report 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Bill Presentation 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 ACJC Presentation 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Supporting Document-Letters of Support 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Supporting Document-Letter ACLU 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Supporting Document-Letter City and Borough of Juneau 10.24.17.pdf |
HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Opposing Document-Letter CUSP 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Additional Document-DoL Recommendations to ACJC (January 9, 2017) 10.24.17.pdf |
HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Additional Document-DoL C Felonies in AS 11 Affected by SB 91 10.24.17.pdf |
HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 SB 91 |
| SB54 Additional Document-DoL Memo - State Sentencing (May 19, 2017) 10.24.17.pdf |
HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Amendments #1-22 10.24.17.pdf |
HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM HJUD 10/26/2017 9:00:00 AM |
SB 54 |
| SB54 Additional Document-Leg Legal Memo on Amendment #1 (N.32) 10.24.17.pdf |
HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM HJUD 10/26/2017 9:00:00 AM |
SB 54 |
| SB54 Amendments #23-28 10.24.17.pdf |
HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM HJUD 10/26/2017 9:00:00 AM |
SB 54 |
| SB54 Fiscal Note DPS-DET 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Fiscal Note LAW-CRIM 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Fiscal Note DHSS-PS 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Fiscal Note JUD-ACS 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |
| SB54 Fiscal Note DOC-IDO 10.23.17.pdf |
HJUD 10/23/2017 1:00:00 PM HJUD 10/24/2017 9:00:00 AM HJUD 10/24/2017 6:00:00 PM HJUD 10/25/2017 8:00:00 AM |
SB 54 |