Legislature(2015 - 2016)SENATE FINANCE 532

03/31/2016 01:00 PM Senate FINANCE

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01:06:17 PM Start
01:07:08 PM Confimration Hearing: Alaska Mental Health Trust Authority Board of Trustees
01:24:44 PM SB91
02:52:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Considerations of Governor's Appointees: TELECONFERENCED
Alaska Mental Health Trust Authority
Laraine Derr
Jerome Selby
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
Community Supervision
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                      March 31, 2016                                                                                            
                         1:06 p.m.                                                                                              
                                                                                                                                
1:06:17 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair  MacKinnon  called  the  Senate  Finance  Committee                                                                    
meeting to order at 1:06 p.m.                                                                                                   
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Anna MacKinnon, Co-Chair                                                                                                
Senator Pete Kelly, Co-Chair                                                                                                    
Senator Peter Micciche, Vice-Chair                                                                                              
Senator Click Bishop                                                                                                            
Senator Mike Dunleavy                                                                                                           
Senator Lyman Hoffman                                                                                                           
Senator Donny Olson                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Jeff Jessee,  Chief Executive Officer, Alaska  Mental Health                                                                    
Trust  Authority; Laraine  Derr,  Appointee, Juneau;  Jordan                                                                    
Shilling,  Staff,  Senator   John  Coghill;  Dean  Williams,                                                                    
Commissioner, Department of Corrections.                                                                                        
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Jerome  Selby,  Appointee,  Kodiak;  Tony  Piper,  Statewide                                                                    
Program Manager, Alcohol Safety  Action Program, Division of                                                                    
Behavioral   Health,  Department   of   Health  and   Social                                                                    
Services.                                                                                                                       
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 91     OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS                                                                             
                                                                                                                                
          SB 91 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
CONFIRMATION HEARINGS:                                                                                                          
     ALASKA MENTAL HEALTH TRUST AUTHORITY BOARD OF TRUSTEES                                                                     
                                                                                                                                
                                                                                                                                
^CONFIMRATION HEARING: ALASKA  MENTAL HEALTH TRUST AUTHORITY                                                                  
BOARD OF TRUSTEES                                                                                                             
                                                                                                                                
1:07:08 PM                                                                                                                    
                                                                                                                                
JEROME  SELBY,   APPOINTEE,  KODIAK   (via  teleconference),                                                                    
discussed  his qualifications.  He  believed that  he had  a                                                                    
strong background,  and would  be helpful  to the  board and                                                                    
the state. He shared that his  24 years of work as the mayor                                                                    
of  Kodiak had  provided  him with  extensive experience  in                                                                    
resource development,  as well  as his  work with  the Outer                                                                    
Continental Shelf  Advisory Committee for the  Department of                                                                    
the  Interior.   He  spoke  of  his   familiarity  with  the                                                                    
development of timber.  He asserted that he  was a proponent                                                                    
of developing  wisely for the  benefit of all  Alaskans, and                                                                    
believed  that the  trust would  be a  vehicle for  which he                                                                    
could serve  Alaskan residents. He felt  that the management                                                                    
of resources and opening up  of jobs would help the economy,                                                                    
and  would   generate  additional  funding  for   the  trust                                                                    
authority to be able to  fund programs that were targeted to                                                                    
the beneficiaries of the trust.                                                                                                 
                                                                                                                                
1:09:28 PM                                                                                                                    
                                                                                                                                
Mr. Selby  thought that given the  state's budget situation,                                                                    
it  was important  to work  closely with  the Department  of                                                                    
Health and Human Services in  order to maximize the benefits                                                                    
of  mutual beneficiaries.  He was  interested  in doing  the                                                                    
most possible with the limited  resources available, and had                                                                    
been having related discussions  for the past three decades.                                                                    
He was  looking forward to  the challenge of doing  the best                                                                    
job possible with the resources that were available.                                                                            
                                                                                                                                
1:10:49 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon outlined AS 47.30.010:                                                                                       
                                                                                                                                
     Sec. 47.30.016. Board establishment, membership,                                                                       
     quorum, fees, and expenses. (a) The authority shall be                                                                   
     governed by its board of trustees.                                                                                         
     (b) The board consists of seven members appointed by                                                                       
     the governor and confirmed by the legislature. The                                                                         
     members  appointed  under   this  subsection  shall  be                                                                    
     appointed                                                                                                                  
          (1) based upon their ability in financial                                                                             
     management and  investment, in  land management,  or in                                                                    
     services for the beneficiaries of the trust;                                                                               
          (2) after the governor has considered a list of                                                                       
     persons prepared by a                                                                                                      
     panel of six persons who  are beneficiaries, or who are                                                                    
     the  guardians, family  members, or  representatives of                                                                    
     beneficiaries; the panel shall consist of                                                                                  
               (A) one person selected by the Alaska Mental                                                                     
     Health Board established by AS 47.30.661;                                                                                  
               (B) one person selected by the Governor's                                                                        
     Council on Disabilities and Special Education;                                                                             
               (C) one person selected by the Advisory                                                                          
     Board on  Alcoholism and Drug  Abuse established  by AS                                                                    
     44.29.100;                                                                                                                 
               (D) one person selected by the Alaska                                                                            
     Commission on Aging established by AS 47.45.200;                                                                           
               (E) one person selected by the Alaska Native                                                                     
     Health Board; and                                                                                                          
         (F) one person selected by the authority.                                                                              
                                                                                                                                
1:12:07 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon asked which position Mr. Selby was being                                                                     
appointed under.                                                                                                                
                                                                                                                                
Mr. Selby replied that he did not know.                                                                                         
                                                                                                                                
1:12:27 PM                                                                                                                    
                                                                                                                                
JEFF JESSEE,  CHIEF EXECUTIVE OFFICER, ALASKA  MENTAL HEALTH                                                                    
TRUST   AUTHORITY,   elucidated  that   the   aforementioned                                                                    
positions were intended for  the nominating committee, which                                                                    
met    and   solicited    applications,   and    then   made                                                                    
recommendations to the governor.  He relayed that there were                                                                    
no designated seats on the board.                                                                                               
                                                                                                                                
1:13:01 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon continued:                                                                                                   
                                                                                                                                
     (c) A  member of  the board  appointed by  the governor                                                                    
     under (b) of this section may not                                                                                          
               (1) be an officer or employee of the state;                                                                      
                                                                                                                                
Co-Chair  MacKinnon asked  whether  Mr. Selby  had been,  or                                                                    
currently was, an employee or officer of the state.                                                                             
                                                                                                                                
Mr. Selby replied in the negative.                                                                                              
                                                                                                                                
Co-Chair MacKinnon continued reading from the statute:                                                                          
                                                                                                                                
          (2) within the preceding two years or during the                                                                      
     member's term of office have  an interest in, served on                                                                    
     the  governing  board  of,  or   been  employed  by  an                                                                    
     organization  that  has   received,  during  that  same                                                                    
     period, money  from the mental health  trust settlement                                                                    
     income account under a grant or contract for services.                                                                     
                                                                                                                                
Co-Chair MacKinnon  asked whether any of  the above language                                                                    
pertained to Mr. Selby.                                                                                                         
                                                                                                                                
Mr. Selby  answered in  the negative.  He clarified  that as                                                                    
mayor  of Kodiak  he had  managed the  Kodiak Island  Mental                                                                    
Health  Center,  which  had included  interaction  with  the                                                                    
trust.  He added  that  the city  had  since contracted  the                                                                    
center to  Providence Health and  Service. He noted  that he                                                                    
had not been mayor for over 2 years.                                                                                            
                                                                                                                                
1:14:01 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:14:52 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair MacKinnon asked if Mr.  Selby was availed to attend                                                                    
meetings  of  the  Alaska   Mental  Health  Trust  Authority                                                                    
(AMHTA). She  had observed  that he  was a  private business                                                                    
owner.                                                                                                                          
                                                                                                                                
Mr.  Selby  stated that  he  would  be available  to  attend                                                                    
meetings and participate in committee work.                                                                                     
                                                                                                                                
1:16:03 PM                                                                                                                    
                                                                                                                                
LARAINE    DERR,    APPOINTEE,   JUNEAU,    discussed    her                                                                    
qualifications.  She  pointed  out  that the  trust  had  an                                                                    
enormous responsibility to the  state. She expressed that it                                                                    
was important to have a variety  of people on the board, and                                                                    
she   believed  that   her  finance   background  had   been                                                                    
beneficial to the board.                                                                                                        
                                                                                                                                
1:17:31 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  noted Ms. Derr's  nine and a  half years                                                                    
of service on  the board, and suggested  that service should                                                                    
be limited.  She felt  that Ms. Derr  had "termed  out" wand                                                                    
was being reappointed based on a technicality.                                                                                  
                                                                                                                                
Ms. Derr replied that the  law read that two, full five-year                                                                    
terms could be served. She  explained that the term that she                                                                    
would again fill  had expired in March of 2005,  and she had                                                                    
been  appointed  fall  of  2005.   She  said  that  she  had                                                                    
researched  the legality  of her  continued service  and had                                                                    
determined that  she could legally maintain  her position on                                                                    
the  board. She  revealed  that in  February 2015,  Governor                                                                    
Walker had appointed  someone to replace her.  She said that                                                                    
he  replaced  her  with  someone who  had  been  subject  to                                                                    
confirmation  the  following   March;  the  legislature  had                                                                    
failed to  confirm the Governor's  appointment, and  she was                                                                    
placed back  on the board.  She relayed that she  offered to                                                                    
step down,  but after the Governor  reviewed her credentials                                                                    
he  reappointed   her,  subject   to  confirmation   by  the                                                                    
legislature in 2016.                                                                                                            
                                                                                                                                
1:20:03 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon   asked  whether   Ms.  Derr   would  be                                                                    
available  to attend  meetings, and  if her  past attendance                                                                    
record would reveal adequate meeting attendance.                                                                                
                                                                                                                                
Ms. Derr  replied that  she had not  missed as  meeting, she                                                                    
had either attended in person or telephonically.                                                                                
                                                                                                                                
1:20:39 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  understood that, if confirmed,  Ms. Derr                                                                    
would be  serving 14.5 years in  a seat that normally  had a                                                                    
10 year duration.                                                                                                               
                                                                                                                                
Ms. Derr replied in the affirmative.                                                                                            
                                                                                                                                
1:20:53 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon FORWARDED  the  appointments of  Laraine                                                                    
Derr  and   Jerome  Selby   be  to   a  Joint   Session  for                                                                    
consideration  in   accordance  with  Alaska   Statute.  She                                                                    
relayed that  this did not  reflect an intent by  any member                                                                    
to vote for  or against the confirmation  of the individuals                                                                    
during any further sessions.                                                                                                    
                                                                                                                                
1:21:37 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:24:32 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
SENATE BILL NO. 91                                                                                                            
                                                                                                                                
     "An  Act relating  to  protective  orders; relating  to                                                                    
     conditions  of  release;  relating  to  community  work                                                                    
     service;  relating  to  credit  toward  a  sentence  of                                                                    
     imprisonment  for  certain   persons  under  electronic                                                                    
     monitoring; relating  to the restoration  under certain                                                                    
     circumstances of  an administratively  revoked driver's                                                                    
     license, privilege  to drive, or privilege  to obtain a                                                                    
     license;   allowing  a   reduction  of   penalties  for                                                                    
     offenders    successfully   completing    court-ordered                                                                    
     treatment  programs for  persons  convicted of  driving                                                                    
     under  the  influence;  relating to  termination  of  a                                                                    
     revocation   of  a   driver's   license;  relating   to                                                                    
     restoration of a driver's  license; relating to credits                                                                    
     toward  a  sentence  of   imprisonment,  to  good  time                                                                    
     deductions,  and  to  providing for  earned  good  time                                                                    
     deductions    for    prisoners;   relating    to    the                                                                    
     disqualification  of   persons  convicted   of  certain                                                                    
     felony  drug offenses  from participation  in the  food                                                                    
     stamp  and temporary  assistance programs;  relating to                                                                    
     probation; relating to  mitigating factors; relating to                                                                    
     treatment  programs  for  prisoners;  relating  to  the                                                                    
     duties  of the  commissioner  of corrections;  amending                                                                    
     Rules   32  and   35(b),  Alaska   Rules  of   Criminal                                                                    
     Procedure; and providing for an effective date."                                                                           
                                                                                                                                
1:24:44 PM                                                                                                                    
                                                                                                                                
JORDAN SHILLING, STAFF, SENATOR  JOHN COGHILL, discussed the                                                                    
presentation   "SB   91   -   ACJC   Community   Supervision                                                                    
Recommendations."   He  stated   that  the   commission  had                                                                    
recommended policies  aimed at strengthening  supervision in                                                                    
order  to reduce  recidivism. He  relayed that  there was  a                                                                    
robust  amount   of  body  of   research  in  the   area  of                                                                    
supervision  that showed  how to  use  probation and  parole                                                                    
supervision  to change  criminal behavior.  He related  that                                                                    
the  Department  of Corrections  (DOC)  had  taken steps  to                                                                    
incorporate  the  new  research  into  their  probation  and                                                                    
parole  practices,  which  had  resulted  in  some  positive                                                                    
strides.  He furthered  that the  commission had  discovered                                                                    
several areas that could benefit from statutory changes.                                                                        
                                                                                                                                
Mr.  Shilling  discussed  Slide  2,  "Community  Supervision                                                                    
Recommendations":                                                                                                               
                                                                                                                                
        · Implement graduated sanctions                                                                                       
        · Cap incarceration time for technical violations                                                                       
          of supervision                                                                                                        
        · Establish a system of earned compliance credits                                                                       
        · Reduce maximum lengths for probation terms and                                                                        
          standardize early discharge proceedings                                                                               
        · Extend good time eligibility to offenders serving                                                                     
          sentences on electronic monitoring                                                                                    
        · Focus   ASAP   resources    to   improve   program                                                                    
          effectiveness                                                                                                         
        · Improve treatment offerings in CRCs and focus use                                                                     
          of CRC resources on high-need offenders                                                                               
                                                                                                                                
Mr.  Shilling explained  that  the  graduated sanctions  and                                                                    
incentives matrix  would give probation  officers additional                                                                    
tools  to  address bad  behavior  with  quick sanctions,  or                                                                    
illicit  good   behavior  with  incentives.  He   said  that                                                                    
although  the   department  had  implemented  some   of  the                                                                    
strategies, and  a reduction in  recidivism since  the early                                                                    
2000s  had  been  observed,  Alaska still  had  one  of  the                                                                    
highest recidivism rates in the  country. He added that two-                                                                    
thirds  of   the  state's   offenders  either   violated  or                                                                    
committed new crimes  and returned to prison  within 3 years                                                                    
of  release, most  of the  recidivism  occurring within  the                                                                    
first 3 months of release.                                                                                                      
                                                                                                                                
1:26:24 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling  turned  to Slide  3,  "Almost  Two-Thirds  of                                                                    
Offenders  Released Return  to Prison  Within Three  Years,"                                                                    
which  showed   a  graph  illustrating  the   percentage  of                                                                    
offenders released who return to prison within three years.                                                                     
                                                                                                                                
1:26:47 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling  displayed  Slide   4,  "Swift,  Certain,  and                                                                    
Proportional  Sanctions   Effective  at   Changing  Offender                                                                    
Behavior":                                                                                                                      
                                                                                                                                
        · Research shows that responding to violations                                                                          
          quickly, certainly, and proportionally is the                                                                         
          most effective way to change offender behavior.                                                                       
          Key elements of a successful system include:                                                                          
             o Developing a range of sanctions -from the                                                                        
               less  serious (i.e.  increased drug  testing,                                                                    
               curfews)   to   the    more   serious   (i.e.                                                                    
               electronic  monitoring,   prison  time),  and                                                                    
               apply   according   to  the   frequency   and                                                                    
              seriousness of the violations;                                                                                    
             o Communicating a credible and consistent                                                                          
               threat of sanctions to the supervisee; and                                                                       
             o Streamlining   procedures    to   allow   the                                                                    
               probation officer to swiftly respond to the                                                                      
               violation.                                                                                                       
                                                                                                                                
Mr.  Shilling  spoke  of the  Probation  Accountability  and                                                                    
Certain Enforcement (PACE) program,  which used the evidence                                                                    
based strategies;  however, the  vast majority  of offenders                                                                    
on probation and parole did  not fall within the program. He                                                                    
said  that  currently  the  law   did  not  offer  probation                                                                    
officers  any  options,  outside  of filing  a  petition  to                                                                    
revoke probation, to address violations.                                                                                        
                                                                                                                                
1:28:04 PM                                                                                                                    
                                                                                                                                
Mr. Shilling  discussed Slide 5,  "Recommendation: Implement                                                                    
Graduated Sanctions":                                                                                                           
                                                                                                                                
        · Authorize the DOC to create a graduated sanctions                                                                     
          matrix  using  swift,  certain,  and  proportional                                                                    
          responses,   and  to   follow   the  matrix   when                                                                    
          responding    to     technical    violations    of                                                                    
          supervision.                                                                                                          
                                                                                                                                
1:28:16 PM                                                                                                                    
                                                                                                                                
Mr.   Shilling  showed   Slide  6,   "Community  Supervision                                                                    
Recommendations":                                                                                                               
                                                                                                                                
        · Implement graduated sanctions                                                                                         
        · Cap incarceration time for technical violations                                                                     
          of supervision                                                                                                      
        · Establish a system of earned compliance credits                                                                       
        · Reduce maximum lengths for probation terms and                                                                        
          standardize early discharge proceedings                                                                               
        · Extend good time eligibility to offenders serving                                                                     
          sentences on electronic monitoring                                                                                    
        · Focus   ASAP   resources    to   improve   program                                                                    
          effectiveness                                                                                                         
        · Improve treatment offerings in CRCs and focus use                                                                     
          of CRC resources on high-need offenders                                                                               
                                                                                                                                
He  stated  that  one-fifth of  the  prison  population  was                                                                    
comprised of people that had  not committed a new crime, but                                                                    
had  committed  a  technical   violation  of  probation.  He                                                                    
furthered  that those  in  prison  for technical  violations                                                                    
spent  an average  of 106  days  in prison.  He opined  that                                                                    
despite the understanding that  swift and certain punishment                                                                    
was  important, data  showed that  many petitions  to revoke                                                                    
probation took over  one month to resolve,  which meant that                                                                    
people  spent   time  in  prison  pre-trial   prior  to  the                                                                    
violation being adjudicated.                                                                                                    
                                                                                                                                
1:28:48 PM                                                                                                                    
                                                                                                                                
Mr. Shilling  referenced Slide 7, "Petitions  to Revoke Take                                                                    
a  Month to  Resolve," which  showed a  graph depicting  the                                                                    
mean length  of stay for un-sentenced  supervision violators                                                                    
from 2004 to 2014.                                                                                                              
                                                                                                                                
1:28:53 PM                                                                                                                    
                                                                                                                                
Mr. Shilling spoke to Slide  8, "Once Sentenced, Nearly Half                                                                    
of Revocations Staying More than  One Month," which showed a                                                                    
graph  of the  number of  supervision violators  released in                                                                    
2005 and 2014,  by length of stay. He noted  that some spent                                                                    
much  longer   than  one  month  in   prison  for  technical                                                                    
violations. He  shared that according  to the DOC,  the most                                                                    
common types  of technical violations were  rule violations,                                                                    
such  as missing  and  appointment or  failing  to notify  a                                                                    
change of  address. He  noted that  the list  also contained                                                                    
alcohol and drug  violations. He said that  the large amount                                                                    
of judicial discretion that the  court had in sentencing the                                                                    
violations,  had led  to  the problem  of  one-fifth of  the                                                                    
prison  population consisting  of technical  reoffenders. He                                                                    
asserted that the delayed, random,  severe sanctions did not                                                                    
work,  which head  to  the  commission's recommendation  for                                                                    
limited revocations.                                                                                                            
1:29:40 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling   addressed  Slide  9,   "Recommendation  -Cap                                                                    
Incarceration Time for Technical Violations of Supervision                                                                      
                                                                                                                                
        · For offenders not participating in PACE program,                                                                      
          limit revocations to prison for technical                                                                             
          violations as follows: First revocation: Up to 3                                                                      
          days                                                                                                                  
             o Second revocation: Up to 5 days                                                                                  
             o Third revocation: Up to 10 days                                                                                  
             o Fourth and subsequent revocation: Up to the                                                                      
               maximum remaining suspended time                                                                                 
             o Revocation for absconding: Up to 30 days                                                                         
                                                                                                                                
Mr. Shilling noted that SB  91 would not treat all probation                                                                    
violations the  same, there  were some  technical violations                                                                    
that  were worse  than others,  such as  not completing  sex                                                                    
offender treatment  or batterer's intervention  programs. He                                                                    
said  that   for  the  purposed  of   defining  a  technical                                                                    
violation in the bill, such violations had been excluded.                                                                       
                                                                                                                                
1:30:38 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling turned  to  Slide  10, "Community  Supervision                                                                    
Recommendations":                                                                                                               
                                                                                                                                
        · Implement graduated sanctions and incentives                                                                          
        · Cap incarceration time for technical violations                                                                       
          of supervision                                                                                                        
        · Establish a system of earned compliance credits                                                                     
        · Reduce maximum lengths for probation terms and                                                                        
          standardize early discharge proceedings                                                                               
        · Extend good time eligibility to offenders serving                                                                     
          sentences on electronic monitoring                                                                                    
        · Focus   ASAP   resources    to   improve   program                                                                    
          effectiveness                                                                                                         
        · Improve treatment offerings in CRCs and focus use                                                                     
          of CRC resources on high-need offenders                                                                               
                                                                                                                                
Mr. Shilling  shared that currently, offenders  were kept on                                                                    
probation  for  long periods  of  time,  and even  those  on                                                                    
probation that  were deemed low-risk and  were not violating                                                                    
their  conditions,  remained  on  probation  caseloads  long                                                                    
passed the point  where the data had shown  they were likely                                                                    
to  reoffend. He  relayed that  the data  showed that  if an                                                                    
offender did fail,  they would do so within  the first three                                                                    
months of  release. He added  that most  violations occurred                                                                    
within  the   first  year,  if   at  all.  He   stated  that                                                                    
individuals   that    would   need    sustained,   intensive                                                                    
supervision would be  identified early on, as  well as those                                                                    
that could forego long term  probation. He asserted that the                                                                    
"carrot   worked  better   than  the   stick"  at   reducing                                                                    
violations  and  that  the  state   had  too  many  low-risk                                                                    
individuals consuming probation  caseloads. He asserted that                                                                    
so many  low-risk individuals'  caseloads made  it difficult                                                                    
to focus  current probation resources  on those  most likely                                                                    
to reoffend. He shared that  39 percent of probationers were                                                                    
classified  as  low-risk,  and  supervising  them  for  long                                                                    
periods of  time cost a  lot to the state  unnecessarily. He                                                                    
opined  that  due to  the  current  fiscal environment,  the                                                                    
state  did  not have  the  ability  to hire  more  probation                                                                    
officers  to adequately  supervise  offenders. He  contended                                                                    
that the  best case  scenario for  the legislation  would be                                                                    
the  allowance  of the  probation  division  to laser  focus                                                                    
their resources on the worst offenders.                                                                                         
                                                                                                                                
1:31:42 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling  turned  to  Slide  11,  "To  Change  Offender                                                                    
Behavior, Rewards More Effective than Sanctions":                                                                               
                                                                                                                                
        · Research shows that states achieve higher                                                                             
          successful   supervision    rates   when   rewards                                                                    
          outnumber   sanctions.    Successful   supervision                                                                    
          programs provide incentives for meeting case-                                                                         
          specific   goals   (for  example,   rewarding   an                                                                    
          offender with  a drug addiction  for participating                                                                    
          in   an  out-patient   drug  treatment   program),                                                                    
          thereby enhancing supervisees' motivation.                                                                            
                                                                                                                                
1:32:17 PM                                                                                                                    
                                                                                                                                
Mr. Shilling discussed  Slide 12, "Recommendation: Establish                                                                    
a System of Earned Compliance Credits":                                                                                         
                                                                                                                                
     Establish  an  earned  compliance  policy  that  grants                                                                    
     probationers  and  parolees  one month  credit  towards                                                                    
     their supervision term for each  month that they are in                                                                    
     full   compliance   with   the  conditions   of   their                                                                    
     supervision.                                                                                                               
                                                                                                                                
Mr.  Shilling relayed  that  the credits  had  been used  in                                                                    
other  states, and  were a  core component  in incentivizing                                                                    
sustained compliance with the conditions of probation.                                                                          
                                                                                                                                
1:32:38 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling   showed  Slide  13,   "Community  Supervision                                                                    
Recommendations":                                                                                                               
                                                                                                                                
        · Implement graduated sanctions                                                                                         
        · Cap incarceration time for technical violations                                                                       
          of supervision                                                                                                        
        · Establish a system of earned compliance credits                                                                       
        · Reduce maximum lengths for probation terms and                                                                      
          standardize early discharge proceedings                                                                             
        · Extend good time eligibility to offenders serving                                                                     
          sentences on electronic monitoring                                                                                    
        · Focus   ASAP   resources    to   improve   program                                                                    
          effectiveness                                                                                                         
        · Improve treatment offerings in CRCs and focus use                                                                     
          of CRC resources on high-need offenders                                                                               
                                                                                                                                
Mr. Shilling turned to Slide  14, "Average Length of Stay in                                                                    
Community Supervision  Up to 13  percent Over  Past Decade,"                                                                    
which contained  a line graph  that plotted the  mean length                                                                    
of supervision for successful  discharge, 2005 through 2014.                                                                    
He reiterated that the increasingly  long terms of probation                                                                    
were unnecessary  due to  the fact  that the  data reflected                                                                    
that  most violations  occurred  within the  first year.  He                                                                    
turned to  Slide 15, "Failure  Most Likely to  Happen Within                                                                    
Three Months," which contained a  bar graph; the orange bars                                                                    
reflected  the   time  served  on   probation/parole  before                                                                    
returning to  prison. The  chart showed  that 62  percent of                                                                    
individuals  offended  within  the first  three  months.  He                                                                    
continued  to  Slide  16,   "Large  Portion  of  Supervision                                                                    
Population Low-Risk," which contained  a bar chart that used                                                                    
the DOC  risk assessment  tool, Level of  Services Inventory                                                                    
Revised  (LSI-R). The  slide showed  that  there were  1,602                                                                    
people currently on probation in the minimum bank.                                                                              
                                                                                                                                
1:33:34 PM                                                                                                                    
                                                                                                                                
Mr.   Shilling   showed   Slide   17,   "Focus   Supervision                                                                    
Resources.":                                                                                                                    
                                                                                                                                
     · Research shows that supervision resources provide                                                                        
        the greatest public  safety returns when  focused on                                                                    
        those most likely  to reoffend:  high-risk offenders                                                                    
        and  those  recently   released  from   prison.  Key                                                                    
        elements of a successful system include:                                                                                
          o Identifying offenders who warrant enhanced                                                                          
             supervision and those who do not, including                                                                        
             reducing reporting requirements for those who                                                                      
             are succeeding; and                                                                                                
          o Deterring future crime and technical violations                                                                     
             by changing offender behavior in the first few                                                                     
             days, weeks, and months after release.                                                                             
                                                                                                                                
Mr.   Shilling  noted   that  some   of  the   research  was                                                                    
duplicative because  much of  the same  research undergirded                                                                    
all of the probation recommendations,  but in order to see a                                                                    
reduction  in probation  violations and  new crimes,  it was                                                                    
important to focus the limited resources.                                                                                       
                                                                                                                                
1:34:00 PM                                                                                                                    
                                                                                                                                
Mr.   Shilling  showed   Slide  18,   "Recommendation-Reduce                                                                    
Maximum Lengths  for Probation  Terms and  Standardize Early                                                                    
Discharge":                                                                                                                     
                                                                                                                                
     · Cap maximum probation terms at-                                                                                          
          · 5 years for felony sex offenders and                                                                                
             Unclassified felony offenders;                                                                                     
         · 3 years for all other felony offenders                                                                               
          · 2 years for 2ndDUI and DV assault misdemeanor                                                                       
             offenders; and                                                                                                     
          · 1 year for all other misdemeanor offenders.                                                                         
                                                                                                                                
     · For certain offenders, reduce the minimum time                                                                           
        needed to  serve  on probation  or  parole prior  to                                                                    
       being eligible for early discharge to 1 year.                                                                            
     · For certain offenders, require the DOC to recommend                                                                      
        early termination  of probation  or  parole for  any                                                                    
        offender who  has completed  all treatment  programs                                                                    
        and  is   in   compliance   with   all   supervision                                                                    
        conditions.                                                                                                             
                                                                                                                                
Mr.  Shilling  shared that  as  the  bill had  evolved  that                                                                    
lengths had increased.  For example, 5 years  for felony sex                                                                    
offenders  and   Unclassified  felony  offenders   had  been                                                                    
increased to 10 years.                                                                                                          
1:34:45 PM                                                                                                                    
                                                                                                                                
Mr. Shilling spoke to Slide 19, "Community Supervision                                                                          
Recommendations":                                                                                                               
                                                                                                                                
        · Implement graduated sanctions                                                                                         
        · Cap incarceration time for technical violations                                                                       
          of supervision                                                                                                        
        · Establish a system of earned compliance credits                                                                       
        · Reduce maximum lengths for probation terms and                                                                        
          standardize early discharge proceedings                                                                               
        · Extend good time eligibility to offenders serving                                                                   
          sentences on electronic monitoring                                                                                  
        · Focus   ASAP   resources    to   improve   program                                                                    
          effectiveness                                                                                                         
        · Improve treatment offerings in CRCs and focus use                                                                     
          of CRC resources on high-need offenders                                                                               
                                                                                                                                
1:35:40 PM                                                                                                                    
                                                                                                                                
Mr. Shilling displayed Slide 20, "Unlike Those in Prison,                                                                       
Offenders on EM Unable to Earn Good Time":                                                                                      
                                                                                                                                
     The  ACJC  found that,  while  most  offenders who  are                                                                    
     housed within  an institution  have the  opportunity to                                                                    
     earn "good  time" up to  one-third off  their sentences                                                                    
     in acknowledgement  of positive behavior,  offenders on                                                                    
     electronic   monitoring  are   currently  banned   from                                                                    
     earning this incentive.                                                                                                    
                                                                                                                                
Mr. Shilling turned to Slide 21, "Recommendation - Extend                                                                       
Good Time Eligibility to Offenders Serving Sentences on                                                                         
Electronic Monitoring":                                                                                                         
                                                                                                                                
        · Allow offenders on electronic monitoring to                                                                           
          qualify for good time credits under the same                                                                          
          conditions set forth for offenders in DOC                                                                             
          institutions.                                                                                                         
                                                                                                                                
1:35:50 PM                                                                                                                    
                                                                                                                                
Mr. Shilling showed Slide 22, Community Supervision                                                                             
Recommendations":                                                                                                               
                                                                                                                                
        · Implement graduated sanctions                                                                                         
        · Cap  incarceration time  for technical  violations                                                                    
          of supervision                                                                                                        
        · Establish a system of earned compliance credits                                                                       
        · Reduce  maximum lengths  for  probation terms  and                                                                    
          standardize early discharge proceedings                                                                               
        · Extend good time  eligibility to offenders serving                                                                    
          sentences on electronic monitoring                                                                                    
        · Focus   ASAP   resources    to   improve   program                                                                  
          effectiveness                                                                                                       
        · Improve treatment offerings in  CRCs and focus use                                                                    
          of CRC resources on high-need offenders                                                                               
                                                                                                                                
1:36:17 PM                                                                                                                    
                                                                                                                                
Mr.  Shilling showed  Slide 23,  "Increases in  Referrals to                                                                    
ASAP Have Limited Program's Effectiveness":                                                                                     
                                                                                                                                
        · Alaska's  Alcohol Safety  Action Program  ("ASAP")                                                                    
          provides needed screening and treatment referral                                                                      
          services for thousands of misdemeanor offenders                                                                       
          who are referred by the court.                                                                                        
        · However,  the Commission  found that  increases in                                                                    
          the  number   of  referrals   to  ASAP   have  not                                                                    
          correlated   with   increased  funding   for   the                                                                    
          program,    resulting     in    limited    program                                                                    
          effectiveness.                                                                                                        
             o In fiscal year 2015, ASAP received nearly                                                                        
               7,250   referrals.   57%    of   which   were                                                                    
               statutorily   mandated  referrals   (DUI  and                                                                    
               MCA). The  remaining 43% were  referrals that                                                                    
               were not mandated by statute.                                                                                    
                                                                                                                                
Mr.  Shilling  discussed  Slide 24,  "Recommendation  -Focus                                                                    
ASAP Resources to Improve Program Effectiveness."                                                                               
                                                                                                                                
Mr.  Shilling  shared  that  the  original  purpose  of  the                                                                    
program  had  been to  assess  and  refer DUI  offenders  to                                                                    
treatment. He  said that overtime  referrals to  the program                                                                    
had ballooned in size to  include offenders of all types. He                                                                    
relayed that the  growth had placed a burden  on the program                                                                    
and made  it difficult  for ASAP to  focus resources  on the                                                                    
people who  needed it  the most.  The commission  hoped that                                                                    
ASAP  could  expand and  enhance  assessments  and begin  to                                                                    
provide a  modicum of supervision to  moderate and high-risk                                                                    
offenders.                                                                                                                      
                                                                                                                                
1:37:35 PM                                                                                                                    
                                                                                                                                
Mr. Shilling showed Slide 25, "Community Supervision                                                                            
Recommendations":                                                                                                               
                                                                                                                                
        · Implement graduated sanctions                                                                                         
        · Cap  incarceration time  for technical  violations                                                                    
          of supervision                                                                                                        
        · Establish a system of earned compliance credits                                                                       
        · Reduce  maximum lengths  for  probation terms  and                                                                    
          standardize early discharge proceedings                                                                               
        · Extend good time  eligibility to offenders serving                                                                    
          sentences on electronic monitoring                                                                                    
        · Focus   ASAP   resources    to   improve   program                                                                    
          effectiveness                                                                                                         
        · Improve treatment offerings in  CRCs and focus use                                                                  
          of CRC resources on high-need offenders                                                                             
                                                                                                                              
1:37:53 PM                                                                                                                    
                                                                                                                                
Mr. Shilling spoke to Slide 26, "CRCs Mixing High and Low-                                                                      
Risk Offenders; Not Providing Evidence-Based Treatment":                                                                        
                                                                                                                                
     · The Commission found that CRCs, otherwise known as                                                                       
        halfway houses, are likely mixing high- and low-risk                                                                    
        offenders, which  research  has  shown can  lead  to                                                                    
       increased recidivism for low-risk offenders.                                                                             
     · Additionally, the Commission found that CRCs would                                                                       
        be more  effective  at  reducing recidivism  if  the                                                                    
        facilities  offered  evidence-based   treatment  for                                                                    
        offenders in addition to supervision.                                                                                   
                                                                                                                                
1:38:22 PM                                                                                                                    
                                                                                                                                
Mr. Shilling showed Slide 27, "Recommendation - Improve                                                                         
Treatment Offerings in CRCs and Focus CRC Resources on                                                                          
High-Risk Offenders":                                                                                                           
                                                                                                                                
     · Require CRCs to provide treatment (cognitive-                                                                            
        behavioral,  substance   abuse,   aftercare   and/or                                                                    
        support services)  designed  to  address  offenders'                                                                    
        criminogenic needs.                                                                                                     
     · Implement admission criteria for CRCs that would:                                                                        
          o Prioritize placement in CRCs for people who                                                                         
             would benefit most from more intensive                                                                             
             supervision and treatment; and                                                                                     
          o Minimize the mixing of high- and low-risk                                                                           
             offenders                                                                                                          
                                                                                                                                
1:38:38 PM                                                                                                                    
                                                                                                                                
Senator Hoffman asked where CRCs were located in the state.                                                                     
                                                                                                                                
Mr. Shilling  believed that there  were 8 facilities  in the                                                                    
state,  and  that   the  DOC  could  provide   a  list  with                                                                    
addresses.                                                                                                                      
                                                                                                                                
1:38:54 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:39:06 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Senator   Bishop  wondered   whether   the  commission   had                                                                    
considered the workforce potential  of those housed in CRCs,                                                                    
and whether tot improve of expand on work programs.                                                                             
                                                                                                                                
Mr.  Shilling  agreed that  CRCs  would  be the  appropriate                                                                    
place to transition a long-term  sentenced offender into the                                                                    
work  environment before  completely reentering  society. He                                                                    
expressed that he would be  happy to work with the committee                                                                    
to address the issue.                                                                                                           
                                                                                                                                
1:40:53 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Micciche referred  to Slide  3. He  wondered why                                                                    
the two years [FY 2002 and FY 2011] had been chosen.                                                                            
                                                                                                                                
Mr.  Shilling replied  that  he  did not  know  why the  two                                                                    
specific  years had  been selected.  He said  that he  could                                                                    
provide the committee  with recidivism rated for  all of the                                                                    
years spanning 2002 through 2011.                                                                                               
                                                                                                                                
1:41:43 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Micciche  requested  the  same  information  for                                                                    
Slide 8,  which only listed  2005 and  2014. He said  he was                                                                    
leery of years being specifically  selected in order to make                                                                    
a point.                                                                                                                        
                                                                                                                                
Mr.  Shilling  pointed out  that  the  years were  had  been                                                                    
chosen in order to offer a 10 year window of time.                                                                              
                                                                                                                                
1:42:18 PM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche wanted to know  what the average term of                                                                    
probation for each class of offender listed on the slide.                                                                       
                                                                                                                                
Mr. Shilling  replied that felony  offenders had  an average                                                                    
probation sentence of 3.69  years, misdemeanor offenders had                                                                    
average probation  sentences of  2.96 years, and  17 percent                                                                    
of misdemeanor offenders had probation  sentences of 5 years                                                                    
or more.  He offered  to provide more  comprehensive numbers                                                                    
at a later date.                                                                                                                
                                                                                                                                
Vice-Chair Micciche wanted to  know how many offenders would                                                                    
fall  outside of  the  cap,  and why  those  terms would  be                                                                    
longer.                                                                                                                         
                                                                                                                                
Mr. Shilling agreed to provide the information.                                                                                 
                                                                                                                                
1:43:52 PM                                                                                                                    
                                                                                                                                
Senator  Bishop  stated  that   the  presumptive  terms  for                                                                    
incarceration  were   different  in  2005  than   they  were                                                                    
currently.  He wondered  whether  Slide  18 correlated  with                                                                    
Page 30 of the commission's report.                                                                                             
                                                                                                                                
Mr.  Shilling explained  that  the policy  was  meant for  a                                                                    
person  who was  no longer  in a  DOC facility,  and was  on                                                                    
active supervision.  He said  that the  state of  Alaska had                                                                    
never  had a  limit or  a range  on how  long someone  could                                                                    
spend  in prison  for probation  violations. He  stated that                                                                    
there  had  always  had  been   a  wide  range  of  judicial                                                                    
discretion in sentencing for violations.  He relayed that SB
91  proposed limiting  that  discretion,  as offenders  were                                                                    
currently spending inordinate amounts  of time in prison for                                                                    
relatively low-level conduct.                                                                                                   
                                                                                                                                
1:45:23 PM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche asked whether  a technical violation was                                                                    
considered a secondary crime under Alaska law.                                                                                  
                                                                                                                                
Mr.  Shilling   stated  that   a  technical   violation  was                                                                    
generally defined as any probation  violation that was not a                                                                    
new offense.  He qualified  that often  when looking  at DOC                                                                    
data   on  probation   violators,  a   petition  to   revoke                                                                    
probation/parole were placed alongside  a new offence, which                                                                    
made  it difficult  to separate  the  numbers. He  furthered                                                                    
that  often  a probation  violation  is  done alongside  new                                                                    
criminal conduct.                                                                                                               
                                                                                                                                
1:46:19 PM                                                                                                                    
                                                                                                                                
TONY  PIPER,  STATEWIDE   PROGRAM  MANAGER,  ALCOHOL  SAFETY                                                                    
ACTION  PROGRAM, DIVISION  OF BEHAVIORAL  HEALTH, DEPARTMENT                                                                    
OF   HEALTH  AND   SOCIAL  SERVICES   (via  teleconference),                                                                    
informed  the  committee that  he  was  available to  answer                                                                    
questions.                                                                                                                      
                                                                                                                                
1:47:50 PM                                                                                                                    
                                                                                                                                
DEAN  WILLIAMS,  COMMISSIONER,  DEPARTMENT  OF  CORRECTIONS,                                                                    
acknowledged that many of  the recommendations would signify                                                                    
a course  change for the  department. He mentioned  that the                                                                    
department had struggled with  caps on technical violations.                                                                    
He relayed  that the  department supported  the legislation,                                                                    
and highlighted that the challenges  raised by the bill were                                                                    
positive. He agreed with incentivizing probation.                                                                               
                                                                                                                                
1:49:00 PM                                                                                                                    
                                                                                                                                
Senator  Olson wondered  whether  people  in the  department                                                                    
would welcome the changes proposed  in the bill, and whether                                                                    
compliance might be a problem.                                                                                                  
                                                                                                                                
Commissioner    Williams   responded    that   bureaucracies                                                                    
traditionally  balked at  change. He  felt that  the current                                                                    
fiscal   climate  forced   the   reexamination  of   certain                                                                    
assumptions  about  the system.  He  expressed  that he  was                                                                    
ready  to be  proactive  with the  changes  proposed in  the                                                                    
legislation. He believed that reformation  of the system was                                                                    
the right thing to do.                                                                                                          
                                                                                                                                
1:51:20 PM                                                                                                                    
                                                                                                                                
Senator  Olson  worried  that the  commissioner  would  face                                                                    
opposition  from  correctional   officers.  He  queried  the                                                                    
location of the CRCs in the state.                                                                                              
                                                                                                                                
Commissioner Williams  stated that there were  facilities in                                                                    
Anchorage,  Fairbanks, Nome,  Juneau, and  Bethel. He  added                                                                    
that there were 3 in Anchorage.                                                                                                 
1:52:09 PM                                                                                                                    
                                                                                                                                
Senator Dunleavy asked whether  the commissioner foresaw the                                                                    
tracking  of  "good  time" credit  as  a  future  accounting                                                                    
problem.                                                                                                                        
                                                                                                                                
Commissioner Williams replied in  the affirmative, but added                                                                    
that the problem could yield  positive results. He expressed                                                                    
concern  that  the time  accounting  issue  was currently  a                                                                    
problem.  He  believed that  the  certain  challenge of  the                                                                    
issue did not  negate the benefit of getting  people out and                                                                    
incentivizing change.                                                                                                           
                                                                                                                                
1:53:53 PM                                                                                                                    
                                                                                                                                
Senator Hoffman thought that the  legislation would move the                                                                    
state  in the  right direction,  but foresaw  implementation                                                                    
problems with contract jails.                                                                                                   
                                                                                                                                
Commissioner  Williams believed  that  he would  be able  to                                                                    
work  with  contract jails,  which  he  noted would  not  be                                                                    
lesser used  under the  bill, but  could possibly  assist in                                                                    
reform. He  relayed that several contract  jails had already                                                                    
contacted  him about  the possibility  of being  involved in                                                                    
electronic  monitoring.  He  reiterated  that  some  of  the                                                                    
challenges  that  the  bill   highlighted  would  result  in                                                                    
opportunities that had  yet to be explored.  He stressed the                                                                    
importance  that contract  jails  be kept  healthy, as  they                                                                    
served an important purpose.                                                                                                    
                                                                                                                                
1:56:05 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
1:57:30 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair MacKinnon  explained that the committee  would walk                                                                    
through the sectional analysis on  SB 91. She noted that the                                                                    
committee would  be working form the  sectional analysis for                                                                    
SB  91, version  S, and  the sectional  visual aid  (copy on                                                                    
file).                                                                                                                          
                                                                                                                                
1:59:15 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Micciche  stated  that  he  could  provide  page                                                                    
numbers to those following along.                                                                                               
                                                                                                                                
1:59:27 PM                                                                                                                    
                                                                                                                                
Mr.    Shilling    discussed    the    Sectional    Analysis                                                                    
[corresponding bill pages are after each section in                                                                             
brackets]:                                                                                                                      
                                                                                                                                
     Section 1                                                                                                              
     11.41.110(a) - Murder in the Second Degree (Amended)                                                                       
                                                                                                                                
     Conforms to the realigned misconduct involving                                                                             
     controlled substances statutes. [Page 2]                                                                                   
                                                                                                                              
     Section 2                                                                                                              
    11.41.150(a) - Murder of an Unborn child (Amended)                                                                          
                                                                                                                                
     Conforms to the realigned misconduct involving                                                                             
     controlled substances statutes. [Page 3]                                                                                   
                                                                                                                                
     Section 3                                                                                                              
    11.46.130(a) - Theft in the Second Degree (Amended)                                                                         
                                                                                                                                
     Increases the threshold value for theft in the second                                                                      
     degree from $750 to $2,000. [Page 3]                                                                                       
                                                                                                                                
2:00:22 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:00:49 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Mr. Shilling continued to read from the sectional:                                                                              
                                                                                                                                
     Section 4                                                                                                              
    11.46.140(a) - Theft in the Third Degree (Amended)                                                                          
                                                                                                                                
     Increases the threshold value for theft in the third                                                                       
     degree from $750 to $2,000. [Page 4]                                                                                       
                                                                                                                                
     Section 5                                                                                                              
    11.46.220(c) - Concealment of Merchandise (Amended)                                                                         
                                                                                                                                
     Increases the threshold value for concealment of                                                                           
     merchandise from $750 to $2000. [Page 4]                                                                                   
                                                                                                                                
2:01:30 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 6                                                                                                              
     11.46.260(b)   -   Removal  of   Identification   Marks                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Increases   the   threshold   value  for   removal   of                                                                    
    identification marks from $750 to $2,000. [Page 6]                                                                          
                                                                                                                                
     Section 7                                                                                                              
     11.46.270(b) - Unlawful Possession (Amended)                                                                               
                                                                                                                                
     Increases the  threshold value for  unlawful possession                                                                    
     from $750 to $2,000. [Page 6]                                                                                              
                                                                                                                                
     Section 8                                                                                                              
     11.46.280(d) - Issuing a Bad Check (Amended)                                                                               
                                                                                                                                
     Increases the  threshold value for issuing  a bad check                                                                    
     from $750 to $2,000. [Page 6]                                                                                              
                                                                                                                                
     Section 9                                                                                                              
     11.46.285(b)  -  Fraudulent  Use of  an  Access  Device                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Decreases the threshold value for  fraudulent use of an                                                                    
     access device from $750 to $50. [Page 6]                                                                                   
                                                                                                                                
     Section 10                                                                                                             
     11.46.295 - Prior Convictions (Amended)                                                                                    
                                                                                                                                
     Conforms  definition for  prior  convictions for  theft                                                                    
     related crimes. [Page 6]                                                                                                   
                                                                                                                                
     Section 11                                                                                                             
     11.46.460   -  Disregard   of  a   Highway  Obstruction                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Reclassifies  the  crime  of  disregard  of  a  highway                                                                    
     obstruction to  a violation punishable by  up to $1,000                                                                    
     fine. [Page 7]                                                                                                             
                                                                                                                                
2:02:28 PM                                                                                                                    
                                                                                                                                
Mr. Shilling read from the sectional:                                                                                           
                                                                                                                                
     Section 12                                                                                                             
     11.46.482(a) -  Criminal Mischief  in the  Third Degree                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Increases the threshold value  for criminal mischief in                                                                    
     the third degree from $750 to $2,000. [Page 7]                                                                             
                                                                                                                                
     Section 13                                                                                                             
     11.46.484(a) -  Criminal Mischief in the  Fourth Degree                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Increases the threshold value  for criminal mischief in                                                                    
     the fourth degree from $750 to $2,000. [Page 8]                                                                            
                                                                                                                                
     Section 14                                                                                                             
     11.46.530(b) - Criminal Simulation (Amended)                                                                               
                                                                                                                                
     Increases the  threshold value for  criminal simulation                                                                    
     from $750 to $2,000. [Page 8]                                                                                              
                                                                                                                                
     Section 15                                                                                                             
    11.46.620(d) - Misapplication of Property (Amended)                                                                         
                                                                                                                                
     Increases  the threshold  value  for misapplication  of                                                                    
     property from $750 to $2,000. [Page 8]                                                                                     
                                                                                                                                
     Section 16                                                                                                             
     11.46.730(c) - Defrauding Creditors (Amended)                                                                              
                                                                                                                                
     Increases the threshold  value for defrauding creditors                                                                    
     from $750 to $2,000. [Page 9]                                                                                              
                                                                                                                                
2:03:13 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued with the sectional:                                                                                      
                                                                                                                                
     Section 17                                                                                                             
     11.56.730 - Failure to Appear (New Subsection)                                                                             
                                                                                                                                
     Establishes that not  receiving a reminder notification                                                                    
     from a court is not a defense. [Page 9]                                                                                    
                                                                                                                                
     Section 18                                                                                                             
     11.56.757(a)  -  Violation   of  Condition  of  Release                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Conforms  to  the  reclassification  of  the  crime  of                                                                    
     violation  of a  condition of  release to  a violation.                                                                    
     [Page 9]                                                                                                                   
                                                                                                                                
     Section 19                                                                                                             
     11.56.757(b)  -  Violation   of  Condition  of  Release                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Reclassifies  the crime  of violation  of condition  of                                                                    
     release  to a  violation  punishable by  a  fine up  to                                                                    
     $1,000. [Page 9]                                                                                                           
                                                                                                                                
     Section 20                                                                                                             
     11.56.759(a) -  Violation by Sex Offender  of Condition                                                                    
     of Probation (Amended)                                                                                                     
                                                                                                                                
     Conforms to renumbered statutes. [Page 9]                                                                                  
                                                                                                                                
     Section 21                                                                                                             
     11.61.110(c) - Disorderly Conduct (Amended)                                                                                
                                                                                                                                
     Decreases  the punishment  for disorderly  conduct from                                                                    
     10 days to 24 hours. [Page 10]                                                                                             
     Section 22                                                                                                             
     11.61.145(d)  -  Promoting  an Exhibition  of  Fighting                                                                    
     Animals (Amended)                                                                                                          
                                                                                                                                
     Reclassifies the  crime of  attending an  exhibition of                                                                    
     fighting  animals   as  a  violation  for   the  second                                                                    
     offense. Maintains  third and subsequent offenses  as a                                                                    
     class A misdemeanor. [Page 10]                                                                                             
                                                                                                                                
2:04:10 PM                                                                                                                    
                                                                                                                                
Mr. Shilling spoke to the sectional:                                                                                            
                                                                                                                                
     Section 23                                                                                                             
     11.61.150(a) - Obstruction of Highways (Amended)                                                                           
                                                                                                                                
     Conforms  to  the  reclassification  of  the  crime  of                                                                    
     obstruction of highways to a violation. [Page 10]                                                                          
                                                                                                                                
     Section 24                                                                                                             
     11.61.150(c) - Obstruction of Highways (Amended)                                                                           
                                                                                                                                
     Reclassifies the crime of obstruction  of highways to a                                                                    
     violation punishable by a fine up to $1,000. [Page 10]                                                                     
                                                                                                                                
     Section 25                                                                                                             
     11.66.100 - Prostitution (New Subsection)                                                                                  
                                                                                                                                
     Provides   a  person   may   not   be  prosecuted   for                                                                    
     prostitution   if  they   are   cooperating  with   law                                                                    
     enforcement in  the reporting  of another  crime. [Page                                                                    
     11]                                                                                                                        
                                                                                                                                
     Section 26                                                                                                             
     11.66.200(c) - Gambling (Amended)                                                                                          
                                                                                                                                
     Reclassifies  the  crime  of  unlawful  gambling  to  a                                                                    
     violation punishable by a fine up to $1,000. [Page 11]                                                                     
                                                                                                                                
2:04:51 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 27                                                                                                             
     11.71.030(a)  -   Misconduct  Involving   a  Controlled                                                                    
     Substance in the Second [THIRD] Degree (Amended)                                                                         
                                                                                                                                
     Renames the crime of  misconduct involving a controlled                                                                    
     substance in  the third degree as  misconduct involving                                                                    
     a controlled substance in  second degree. Provides that                                                                    
     manufacture or  delivery of  more than  2.5 grams  of a                                                                    
     IA, IIA, or IIIA controlled  substance is an element of                                                                    
     the offense. Adds in  manufacture of methamphetamine or                                                                    
     methamphetamine  precursors   as  an  element   of  the                                                                    
     offense. [Page 11]                                                                                                         
                                                                                                                                
     Section 28                                                                                                             
     11.71.030(c)  -   Misconduct  Involving   a  Controlled                                                                    
     Substance in the Second [THIRD] Degree (Amended)                                                                         
                                                                                                                                
     Conforms   to  renaming   of  misconduct   involving  a                                                                    
     controlled substance in the  third degree as misconduct                                                                    
     involving a controlled substance  in the second degree.                                                                    
     {Page 13]                                                                                                                  
                                                                                                                                
     Section 29                                                                                                             
     11.71.030   -   Misconduct   Involving   a   Controlled                                                                    
     Substance   in   the   Second   [THIRD]   Degree   (New                                                                  
     Subsection)                                                                                                                
                                                                                                                                
     Provides that possession of  certain amount of specific                                                                    
     chemicals  is   prima  facie  evidence  of   intent  to                                                                    
     manufacture     or    deliver     methamphetamine    or                                                                    
     methamphetamine precursors. {Page 13]                                                                                      
                                                                                                                                
2:05:50 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 30                                                                                                             
     11.71.040(a)  -   Misconduct  Involving   a  Controlled                                                                    
     Substance in the Third [FOURTH] Degree (Amended)                                                                         
                                                                                                                                
     Renames the crime of  misconduct involving a controlled                                                                    
     substance in the fourth  degree as misconduct involving                                                                    
     a controlled  substance in  the third  degree. Provides                                                                    
     that manufacture or delivery of  less than 2.5 grams of                                                                    
     a IA, IIA, or IIIA  controlled substance, or any amount                                                                    
     of a  schedule IVA  or VA  controlled substance,  is an                                                                    
     element of the offense. {Page 14]                                                                                          
                                                                                                                                
     Section 31                                                                                                             
     11.71.040(d)  -   Misconduct  Involving   a  Controlled                                                                    
     Substance in the Third [FOURTH] (Amended)                                                                                
                                                                                                                                
     Conforms   to  renaming   of  misconduct   involving  a                                                                    
     controlled   substance   in   the  fourth   degree   as                                                                    
     misconduct  involving  a  controlled substance  in  the                                                                    
     third degree. [Page 16]                                                                                                    
                                                                                                                                
2:06:27 PM                                                                                                                    
                                                                                                                                
Mr. Shilling read from the sectional:                                                                                           
                                                                                                                              
     Section 32                                                                                                             
     11.71.050   -   Misconduct   Involving   a   Controlled                                                                    
     Substance in the Fourth [FIFTH] Degree (Amended)                                                                         
                                                                                                                                
     Renames the crime of  misconduct involving a controlled                                                                    
     substance in  the fifth degree as  misconduct involving                                                                    
     a   controlled   substance   in  the   fourth   degree.                                                                    
     Consolidates simple  possession of  IA, IIA,  IIIA, IVA                                                                    
     and VA controlled  substances into misconduct involving                                                                    
     a controlled  substance in the fifth  degree, excepting                                                                    
     small quantities  of specified IIIA drugs  as set forth                                                                    
     in AS 11.71.060. [Page 16 - 17]                                                                                            
                                                                                                                                
     Section 33                                                                                                             
     11.71.060 Misconduct  Involving a  Controlled Substance                                                                    
     in the Fifth [SIXTH] Degree (Amended)                                                                                    
                                                                                                                                
     Renames the crime of  misconduct involving a controlled                                                                    
     substance in  the sixth degree as  misconduct involving                                                                    
     a controlled substance in the fifth degree. [Page 18]                                                                      
                                                                                                                                
     Section 34                                                                                                             
     11.71.311(a) -  Restriction on Prosecution  for Certain                                                                    
     Persons in Connection with a Drug Overdose (Amended)                                                                       
                                                                                                                                
     Conforms   to   the  realigned   misconduct   involving                                                                    
     controlled substances statutes. [Page 18]                                                                                  
                                                                                                                                
2:07:22 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 35                                                                                                             
     12.25.150(a)   -  Rights   of  Prisoner   after  Arrest                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Provides that an arrested person  shall appear before a                                                                    
     judge or  magistrate within 24  hours of  arrest absent                                                                    
     compelling circumstances, and that  the hearing may not                                                                    
     take place more than 48 hours after arrest. [Page 19}                                                                      
                                                                                                                                
     Section 36                                                                                                             
     12.25.180 -  When Peace Officer  May Issue  Citation or                                                                    
     Take Person Before the Court (Amended)                                                                                     
                                                                                                                                
     Establishes a presumption to cite  and summons to court                                                                    
     for nonviolent misdemeanors and  class C felonies, with                                                                    
     exceptions  including  significant  danger to  self  or                                                                    
     others,  and  specified   crimes.  For  infractions  or                                                                    
     violations,  provides that  a peace  officer may  bring                                                                    
     the person  before a  judge if the  violation is  for a                                                                    
     violation of  conditions of release  or for  failure to                                                                    
     appear. [Page 19]                                                                                                          
                                                                                                                                
     Section 37                                                                                                             
     12.25.180 -  When Peace Officer  May Issue  Citation or                                                                    
     Take Person Before the Court (New Section)                                                                                 
                                                                                                                                
     Forbids civil action for damages  for failure to comply                                                                    
     with this section. [Page 20]                                                                                               
Mr. Shilling commented that the provision had been                                                                              
requested by the Anchorage Police Department.                                                                                   
                                                                                                                                
2:08:14 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 38                                                                                                             
     12.25.190(b) - When Person to  be Given Five-Day Notice                                                                    
     to Appear in Court (Amended)                                                                                               
                                                                                                                                
     Reduces the  minimum duration,  when issued  a citation                                                                    
     for certain offenses, before  the first appearance from                                                                    
     five days to two days. [Page 20]                                                                                           
                                                                                                                                
     Section 39                                                                                                             
     12.25.190 - When Person to  be Given Five-Day Notice to                                                                    
     Appear in Court (New Section)                                                                                              
                                                                                                                                
     Conforming  to allow  the notice  to  appear to  remain                                                                    
     five working days after the  issuance of a citation for                                                                    
     certain  offenses including  traffic violations.  [Page                                                                    
     21]                                                                                                                        
                                                                                                                                
     Section 40                                                                                                             
     12.30.006(b) - Release Procedures (Amended)                                                                                
                                                                                                                                
    Conforming to changes made in 12.30.011. [Page 21]                                                                          
                                                                                                                                
     Section 41                                                                                                             
     12.30.006(c) - Release Procedures (Amended)                                                                                
                                                                                                                                
     Requires  judicial review  and  reconsideration of  the                                                                    
     conditions   of  release   for   instances  where   the                                                                    
     defendant   is   detained   pre-trial  due   to   those                                                                    
     conditions,  unless  the  judicial officer  finds  that                                                                    
     less restrictive  release conditions  cannot reasonably                                                                    
     ensure  the  appearance  of the  person  in  court  and                                                                    
     safety   of  the   victim,  other   persons,  and   the                                                                    
     community. [Page 21]                                                                                                       
                                                                                                                                
2:09:13 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 42                                                                                                             
     12.30.006(d) - Release Procedures (Amended)                                                                                
                                                                                                                                
     Allows  for   defendant's  inability   to  pay   to  be                                                                    
     considered  as a  factor to  at  bail review  hearings.                                                                    
     Specifies that  a defendant may  only receive  one bail                                                                    
     review  hearing for  new  information  relating to  the                                                                    
     person's inability to pay. [Page 21]                                                                                       
                                                                                                                                
     Section 43                                                                                                             
     12.30.006(f) - Release Procedures (Amended)                                                                                
                                                                                                                                
     Conforms  to creation  of a  pretrial services  office,                                                                    
     authorizing  a pretrial  services officer  to arrest  a                                                                    
     person without  a warrant for violating  a court order.                                                                    
     [Page 22]                                                                                                                  
                                                                                                                                
     Section 44                                                                                                             
    12.30.006(h) - Release Procedures (New Subsection)                                                                          
                                                                                                                                
     Directs the  first appearance to occur  within 24 hours                                                                    
     after    a    person's   arrest    absent    compelling                                                                    
     circumstances. [Page 22]                                                                                                   
                                                                                                                                
     Section 45                                                                                                             
     12.30.011 - Release Before Trial (Amended)                                                                                 
                                                                                                                                
     Limits   judicial  discretion   to   detain  low-   and                                                                    
     moderate-risk  pretrial  defendants charged  with  non-                                                                    
     violent,  non-DUI  misdemeanors and  low-risk  pretrial                                                                    
     defendants  charged with  non-violent, non-DUI  Class C                                                                    
     felonies.  This section  prevents  the  use of  secured                                                                    
     monetary bail for  lower-risk defendants while ensuring                                                                    
     conditions  can be  imposed  to  require defendants  to                                                                    
     refrain from alcohol consumption,  to avoid all contact                                                                    
     with  victims,  and  to keep  regular  contact  with  a                                                                    
     pretrial   services   officer.   In   determining   the                                                                    
     conditions  of release,  the court  shall consider  the                                                                    
     conditions  of  release  recommended  by  the  pretrial                                                                    
     services  officer   and  the  person's   pretrial  risk                                                                    
     assessment   score.  In   addition  to   conditions  of                                                                    
     release,  the judicial  officer  may  impose the  least                                                                    
     restrictive  conditions  that   reasonably  ensure  the                                                                    
     person's  appearance  and  the safety  of  the  victim,                                                                    
     other persons, and the community. [Page 22]                                                                                
                                                                                                                                
2:10:44 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 46                                                                                                             
     12.30.011 - Release Before Trial (New Subsection)                                                                          
                                                                                                                                
     Creates   a   presumption   of  release   on   personal                                                                    
     recognizance  or   unsecured  bond,   with  appropriate                                                                    
     release  conditions, for  low-risk  defendants and  for                                                                    
     most   nonviolent  misdemeanor   and  Class   C  felony                                                                    
     defendants.  The court  can  overcome this  presumption                                                                    
     and order partially- or fully-secured  money bond if it                                                                    
     finds   on  the   record  that   no  less   restrictive                                                                    
     conditions can  reasonably assure court  appearance and                                                                    
     public safety. [Page 26]                                                                                                   
                                                                                                                                
     Section 47                                                                                                             
     12.30.016(b) -  Release Before  Trial in  Certain Cases                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Conforms  to creation  of a  pretrial services  office,                                                                    
     authorizing  a pretrial  services officer  to search  a                                                                    
     person's residence  for the  presence of  alcohol under                                                                    
     conditions to refrain from alcohol. [Page 29]                                                                              
                                                                                                                                
     Section 48                                                                                                             
     12.30.016(c) -  Release Before  Trial in  Certain Cases                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Conforms  to creation  of a  pretrial services  office,                                                                    
     authorizing  a pretrial  services officer  to search  a                                                                    
     person's  residence for  the presence  of a  controlled                                                                    
     substance  under conditions  to refrain  from consuming                                                                    
     from  controlled  substances.  A judicial  officer  may                                                                    
     order  a  defendant  to   participate  in  random  drug                                                                    
     testing by  the pretrial services division.  [Page 29 -                                                                    
     30]                                                                                                                        
                                                                                                                                
2:12:05 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued to read from the sectional:                                                                              
                                                                                                                                
     Section 49                                                                                                             
     12.30.021(a) - Third-Party Custodians (Amended)                                                                            
                                                                                                                                
     Restricts   availability   of   third-party   custodian                                                                    
     release   conditions  to   cases   in  which   pretrial                                                                    
     supervision is  not available,  secured money  bond has                                                                    
     not been  ordered, and no other  combination of release                                                                    
     conditions can  reasonably assure court  appearance and                                                                    
     public safety. [Page 30]                                                                                                   
                                                                                                                                
     Section 50                                                                                                             
     12.30.021(c) - Third-Party Custodians (Amended)                                                                            
                                                                                                                                
     Changes the restrictions on people  who are eligible to                                                                    
     serve as  third-party custodians to prohibit  those who                                                                    
     are likely  to be  called as  witnesses, as  opposed to                                                                    
     those who may be called as witnesses. [Page 31]                                                                            
                                                                                                                                
     Section 51                                                                                                             
     12.30.055  - Persons  Appearing on  Petition to  Revoke                                                                    
     (New Subsection)                                                                                                           
                                                                                                                                
     Provides  for a  probationer arrested  for a  technical                                                                    
     violation  to be  released  upon reaching  imprisonment                                                                    
     limits. [Page 31]                                                                                                          
                                                                                                                                
2:12:54 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 52                                                                                                             
     12.55.011  -   Victim  and  community   involvement  in                                                                    
     sentencing (New Subsection)                                                                                                
                                                                                                                                
     Requires  at sentencing  the court  provide the  victim                                                                    
     with  a form  that  provides information  about who  to                                                                    
     contact with  questions about sentencing  and potential                                                                    
     release of the offender. [Page 31]                                                                                         
                                                                                                                                
     Section 53                                                                                                             
     12.55.025(a) - Sentencing Procedures (Amended)                                                                             
                                                                                                                                
     Conforms  to addition  of  administrative  parole as  a                                                                    
     type  of parole  that  the court  must  include in  its                                                                    
     sentencing  report  in  stating  the  minimum  term  of                                                                    
     imprisonment the  defendant must serve  before becoming                                                                    
     eligible for parole. [Page 32]                                                                                             
                                                                                                                                
     Section 54                                                                                                             
     12.55.025(c) - Sentencing Procedures (Amended)                                                                             
                                                                                                                                
     Conforming to  ensure credit is applied  for time spent                                                                    
     in custody for a violation  of a condition of probation                                                                    
     or parole pending a revocation hearing. [Page 33]                                                                          
     Section 55                                                                                                             
     12.55.027(d) - Credit for Time  Spent Toward Service of                                                                    
     a Sentence of Imprisonment (Amended)                                                                                       
                                                                                                                                
     Limits pretrial  credit to 120  days for time  spent on                                                                    
     electronic   monitoring   that    complies   with   the                                                                    
     Department of Corrections guidelines. [Page 33]                                                                            
                                                                                                                                
     Section 56                                                                                                             
     12.55.027(f) - Credit for Time  Spent Toward Service of                                                                    
     a Sentence of Imprisonment (New Subsection)                                                                                
                                                                                                                                
     Limits  credit to  120  days against  a  total term  of                                                                    
     imprisonment imposed  for person crimes,  sex offenses,                                                                    
     delivery of  a controlled  substance to a  person under                                                                    
     19,  burglary,   arson.  To  qualify  as   a  treatment                                                                    
     program,  a program  must address  criminogenic traits,                                                                    
     provide measures of  progress, and require notification                                                                    
     to  the court  or probation  officer for  violations of                                                                    
     bail or probation. [Page 33]                                                                                               
                                                                                                                                
Mr. Shilling stated that the section had been heavily                                                                           
amended in the Senate Judiciary Committee.                                                                                      
                                                                                                                                
2:14:27 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
2:15:02 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Mr. Shilling resumed reading from the sectional:                                                                                
                                                                                                                                
     Section 57                                                                                                             
     AS 12.55.051(a) - Enforcement  of Fines and Restitution                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Conforms  to   changes  to  the   probation  revocation                                                                    
     process. [Page 34]                                                                                                         
                                                                                                                                
     Section 58                                                                                                             
     12.55.051 -  Enforcement of Fines and  Restitution (New                                                                    
     Subsection)                                                                                                                
                                                                                                                                
     Authorizes  the   Department  of   Law  to   garnish  a                                                                    
     permanent fund dividend  to collect restitution ordered                                                                    
     by the court. [Page 35]                                                                                                    
                                                                                                                                
     Section 59                                                                                                             
     12.55.055(c) - Community Work (Amended)                                                                                    
                                                                                                                                
     Increases the value  of an hour of  community work from                                                                    
     three  dollars  to  the state's  minimum  wage  if  the                                                                    
     defendant  is unable  to  pay the  fine  and the  court                                                                    
     offers   the  defendant   the   option  of   performing                                                                    
     community work in lieu of a fine. [Page 35]                                                                                
                                                                                                                                
     Section 60                                                                                                             
     12.55.055 - Community Work (New Subsection)                                                                                
                                                                                                                                
     Prevents  the  court  from  converting  community  work                                                                    
     service  into a  sentence of  imprisonment or  offering                                                                    
     the defendant the  option of serving jail  time in lieu                                                                    
     of completing community work service. [Page 35]                                                                            
                                                                                                                                
     Section 61                                                                                                             
     12.55.078 - Suspended Entry of Judgement (New Section)                                                                     
                                                                                                                                
     Establishes  a  process  for  suspending  an  entry  of                                                                    
     judgment,  whereby  if  a person  pleads  guilty  to  a                                                                    
     crime, the court  may, with the consent  of the defense                                                                    
     and   prosecution,  impose   conditions  of   probation                                                                    
     without imposing or entering  a judgment of guilt. Upon                                                                    
     successful  completion of  probation,  the court  shall                                                                    
     discharge  the person  and dismiss  the case  after one                                                                    
     year. [Page 35]                                                                                                            
                                                                                                                                
2:16:24 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 62                                                                                                             
     12.55.090(b) - Granting of Probation (Amended)                                                                             
                                                                                                                                
    Conforms to new early discharge process. [Page 37]                                                                          
                                                                                                                                
     Section 63                                                                                                             
     12.55.090(c) - Granting of Probation (Amended)                                                                             
                                                                                                                                
     Limits probation terms to 10  years for an unclassified                                                                    
     felony or felony sex offense,  five years for any other                                                                    
     felony   offense,   four   years   for   a   DV-related                                                                    
     misdemeanor,  two years  for a  second-time misdemeanor                                                                    
     DUI, and  one year for all  other misdemeanor offenses.                                                                    
     [Page 37]                                                                                                                  
     Section 64                                                                                                             
     12.55.090(c) - Granting of Probation (Amended)                                                                             
                                                                                                                                
     Authorizes the  court to alter  a term of  probation in                                                                    
     accordance with  the earned compliance policy,  or if a                                                                    
     probation  officer recommends  to  the  court that  the                                                                    
     probationer   be   discharged    from   probation   for                                                                    
     completing treatment and  complying with the conditions                                                                    
     of probation. [Page 38]                                                                                                    
                                                                                                                                
     Section 65                                                                                                             
    12.55.090 - Granting of Probation (New Subsection)                                                                          
                                                                                                                                
     Requires   probation   officers  to   recommend   early                                                                    
     discharge  from   probation  to   the  court   for  any                                                                    
     probationer  who   has  served   at  least   one  year,                                                                    
     completed any  required treatment, and is  currently in                                                                    
     compliance with the  conditions of probation, excepting                                                                    
     offenders convicted  of an  unclassified or  sex felony                                                                    
     offenses, or a crime  involving domestic violence. This                                                                    
     section  also establishes  an opportunity  for a  crime                                                                    
     victim  to   be  notified  and  comment   at  an  early                                                                    
     discharge hearing. Provides  that court shall discharge                                                                    
     the  defendant from  probation upon  completion of  the                                                                    
     period  of probation,  including  the  time served  and                                                                    
     earned credits. [Page 38]                                                                                                  
                                                                                                                                
2:17:55 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 66                                                                                                             
     12.55.100(a) - Conditions of Probation (Amended)                                                                           
     Conforming to ensure that  probationers can be required                                                                    
     to  comply with  the graduated  sanctions imposed  by a                                                                    
     probation officer. [Page 39]                                                                                               
                                                                                                                                
     Section 67                                                                                                             
     12.55.100(c) - Conditions of Probation (Amended)                                                                           
                                                                                                                                
     Conforms to renumbered statutes. [Page 40]                                                                                 
                                                                                                                                
     Section 68                                                                                                             
     12.55.110  -  Notice  and Grounds  for  Revocation  and                                                                    
     Suspension (New Subsection)                                                                                                
                                                                                                                                
     Limits  the maximum  sentence for  technical violations                                                                    
     of probation for  probationers who are not  in the PACE                                                                    
     program to 3 days for  the first revocation, 5 days for                                                                    
     the   second  revocation,   10  days   for  the   third                                                                    
     revocation, and  up to the  remainder of  the suspended                                                                    
     sentence  for  the  fourth  or  subsequent  revocation.                                                                    
     Exceptions  are  made  for absconding  and  failure  to                                                                    
     complete sex offender treatment. [Page 41]                                                                                 
                                                                                                                                
     Section 69                                                                                                             
     12.55.115  -   Fixing  Eligibility   for  Discretionary                                                                    
     Parole at Sentencing (Amended)                                                                                             
                                                                                                                                
     Conforms  to addition  of  administrative  parole as  a                                                                    
     type of  parole for which  the court has  discretion to                                                                    
     restrict eligibility. [Page 42]                                                                                            
                                                                                                                                
2:19:00 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued with the sectional:                                                                                      
                                                                                                                                
     Section 70                                                                                                             
     12.55.125(a) -  Sentences of Imprisonment  for Felonies                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Increases  the  minimum  sentence of  imprisonment  for                                                                    
     murder in the  first degree from 20 to  25 years. [Page                                                                    
     42]                                                                                                                        
                                                                                                                                
     Section 71                                                                                                             
     12.55.125(b) -  Sentences of Imprisonment  for Felonies                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Increases  the  minimum  sentence of  imprisonment  for                                                                    
     murder in the second degree  from 10 to 15 years. [Page                                                                    
     43]                                                                                                                        
                                                                                                                                
     Section 72                                                                                                             
     12.55.125(c) -  Sentences of Imprisonment  for Felonies                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Maintains  the maximum  sentence  for  non-sex Class  A                                                                    
     felonies at  20 years,  while reducing  the presumptive                                                                    
     range for  a first  felony conviction  to three  to six                                                                    
     years, a first felony  conviction if the defendant uses                                                                    
     a dangerous instrument or the  offense is directed at a                                                                    
     first responder to five to  nine years, a second felony                                                                    
     conviction  to  eight  to twelve  years,  and  a  third                                                                    
     felony   conviction  to   thirteen  to   twenty  years.                                                                    
     Conforms   to  refer   to   the  realigned   misconduct                                                                    
    involving controlled substances statutes. [Page 44]                                                                         
                                                                                                                                
2:19:59 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 73                                                                                                             
     12.55.125(d) -  Sentences of Imprisonment  for Felonies                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Maintains  the maximum  sentence  for  non-sex Class  B                                                                    
     felonies at  10 years,  while reducing  the presumptive                                                                    
     range  for a  first felony  conviction to  zero to  two                                                                    
     years,  a  second  felony conviction  to  two  to  five                                                                    
     years,  and a  third felony  conviction to  four to  10                                                                    
     years. Conforms  to refer  to the  realigned misconduct                                                                    
    involving controlled substances statutes. [Page 45]                                                                         
                                                                                                                                
     Section 74                                                                                                             
     12.55.125(e) -  Sentences of Imprisonment  for Felonies                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Maintains  the maximum  sentence  for  non-sex Class  C                                                                    
     felonies  at 5  years, while  reducing the  presumptive                                                                    
     range  for a  first  felony conviction  to a  suspended                                                                    
     term  of  imprisonment  of up  to  eighteen  months,  a                                                                    
     second felony conviction  to one to three  years, and a                                                                    
     third  felony conviction  to two  to five  years. [Page                                                                    
     45]                                                                                                                        
                                                                                                                                
     Section 75                                                                                                             
     12.55.135(a)   -   Sentences    of   Imprisonment   for                                                                    
     Misdemeanors (Amended)                                                                                                     
                                                                                                                                
     Provides  for a  presumptive  range of  zero to  thirty                                                                    
     days for class A  misdemeanors, excepting offenses with                                                                    
     mandatory  minimums   above  thirty  days  or   if  the                                                                    
     conviction  is  for  crime of  assault  in  the  fourth                                                                    
     degree   involving   domestic  violence.   Allows   the                                                                    
     presumptive  range to  be overcome  if the  prosecution                                                                    
     proves that  the conduct  constituting the  offense was                                                                    
     the  most serious  included in  the  definition of  the                                                                    
     offense or the defendant  has past criminal convictions                                                                    
     similar  in nature  to the  offense in  question. [Page                                                                    
     46]                                                                                                                        
                                                                                                                                
     Section 76                                                                                                             
     12.55.135(b)   -   Sentences    of   Imprisonment   for                                                                    
     Misdemeanors (Amended)                                                                                                     
                                                                                                                                
     Truncates the maximum term of  imprisonment for a class                                                                    
     B misdemeanor to ten days. [Page 47]                                                                                       
                                                                                                                                
2:21:33 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 77                                                                                                             
     12.55.135 - Sentences  of Imprisonment for Misdemeanors                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Provides that  the court may  not impose a  sentence of                                                                    
     imprisonment  or suspended  imprisonment  for a  person                                                                    
     convicted of  theft in  the fourth  degree; concealment                                                                    
     of  merchandise  ;  removal  of  identification  marks;                                                                    
     unlawful possession;  issuing a bad check;  or criminal                                                                    
     simulation who has  not been convicted of  one of these                                                                    
     theft offenses at least twice.                                                                                             
     Provides that  the court may  not impose a  sentence of                                                                    
     longer  than  24  hours  for   a  person  convicted  of                                                                    
     disorderly conduct.  The court may not  sentence active                                                                    
     imprisonment  for  a  person  convicted  of  misconduct                                                                    
     involving  a  controlled  substance in  the  fourth  or                                                                    
     fifth degrees,  unless the  person has  previously been                                                                    
     convicted more than once of an offense under AS 11.71                                                                      
     Provides that if  the state seeks to  establish a fact-                                                                    
     based  aggravating  factor  at sentencing,  the  factor                                                                    
     must be  established by  clear and  convincing evidence                                                                    
     before the court  sitting without a jury.  If the state                                                                    
     seeks to  establish a  law-based aggravating  factor at                                                                    
     sentencing,  the factor  must be  presented to  a trial                                                                    
     jury and  proved beyond a reasonable  doubt, unless the                                                                    
     defendant  waives  trial  by jury,  stipulates  to  the                                                                    
     existence  of  the factor,  or  consents  to allow  the                                                                    
     court  to   establish  the  aggravator  by   clear  and                                                                    
     convincing evidence without a jury. [Page 47]                                                                              
                                                                                                                                
2:23:02 PM                                                                                                                    
                                                                                                                                
Co-Chair  MacKinnon  stated  that John  Skidmore,  Director,                                                                    
Criminal  Division,  DOC,  had   previously  spoken  to  the                                                                    
section. She recalled  that the aggravators on  Lines 12 and                                                                    
17 were not consistent.                                                                                                         
                                                                                                                                
Mr. Shilling  responded that the technical  changes would be                                                                    
appropriate;  the sponsor  wanted  to refer  to the  correct                                                                    
aggravators  because  one  aggravator was  proven  before  a                                                                    
jury, and the other was proven by the judge.                                                                                    
                                                                                                                                
Co-Chair  MacKinnon  noted that  the  section  would need  a                                                                    
technical change.                                                                                                               
                                                                                                                                
2:24:11 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 78                                                                                                             
     12.61.015(a)   -   Duties   of   Prosecuting   Attorney                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Requires the  prosecuting attorney  to confer  with the                                                                    
     victim of a felony crime  in regards to a proposed plea                                                                    
    agreement, at the request of the victim. [Page 48]                                                                          
                                                                                                                                
Mr.  Shilling said  that the  section spoke  to the  request                                                                    
from the  Office of Victims'  Rights to play a  greater role                                                                    
when  the Department  of  Law  chose to  enter  into a  plea                                                                    
agreement.                                                                                                                      
                                                                                                                              
     Section 79                                                                                                             
     22.35.030 -                                                                                                                
                                                                                                                                
     Requires the  court to  publish the  court record  of a                                                                    
     person granted suspended entry of  judgment or a person                                                                    
     convicted of violation of  conditions of release. [Page                                                                    
     49]                                                                                                                        
                                                                                                                                
     Section 80                                                                                                             
     28.15.165    -     Administrative    Revocations    and                                                                    
     Disqualifications  resulting   from  chemical  sobriety                                                                    
     tests and refusals to submit to tests.                                                                                     
                                                                                                                                
     Requires  the  DMV  to   restore  a  person's  driver's                                                                    
     license if  all charges have  been dismissed or  if the                                                                    
     person has  been acquitted of  driving while  under the                                                                    
     influence. [Page 50]                                                                                                       
     Section 81                                                                                                             
     28.15.181(f)  -  Court  Suspensions,  Revocations,  and                                                                    
     Limitations (Amended)                                                                                                      
                                                                                                                                
     Allows for the  court to terminate a  revocation if the                                                                    
     person  has  successfully   completed  the  therapeutic                                                                    
     court program, has  not been convicted of  DUI, and has                                                                    
     successfully  driven  under  the  limited  license  for                                                                    
     three years without being revoked. [Page 50]                                                                               
                                                                                                                                
     Section 82                                                                                                             
     28.15.201  -   Limitation  of  Driver's   License  (New                                                                    
     Subsection)                                                                                                                
                                                                                                                                
     Authorizes   the  court   to   grant  limited   license                                                                    
     privileges for  felony DUI offenders if  the person has                                                                    
     completed the  therapeutic court program, has  proof of                                                                    
     insurance, and an  installed ignition interlock device.                                                                    
     This  section allows  the court  or  the department  to                                                                    
     revoke a limited license if  the person is convicted of                                                                    
     a DUI or refusal. [Page 51]                                                                                                
                                                                                                                                
2:25:47 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 83                                                                                                             
     28.15.291 (Driving While License Suspended)                                                                                
                                                                                                                                
     Conforms   to  section   78  by   differentiating  DWLS                                                                    
     offenses related  to DUI license revocations  and those                                                                    
     unrelated to DUI license revocations. [Page 52]                                                                            
                                                                                                                                
     Section 84                                                                                                             
     28.15.291(b)   -   Driving  While   License   Suspended                                                                    
     (Repealed and Reenacted)                                                                                                   
                                                                                                                                
     Reduces  the mandatory  minimum  for  second time  DWLS                                                                    
     offenders whose  license revocation  is related  to DUI                                                                    
     offenses to 10 days.  Removes the mandatory minimum for                                                                    
     first time  DWLS offenders whose license  revocation is                                                                    
     related to  DUI offenses. Reduces the  penalty for non-                                                                    
     DUI-related  DWLS offenses  from  a  misdemeanor to  an                                                                    
     infraction. [Page 52]                                                                                                      
                                                                                                                                
     Section 85                                                                                                             
     28.35.028(b) - Court-Ordered Treatment (Amended)                                                                           
     Authorizes  the court  to reduce  a license  revocation                                                                    
     for  the  purposes of  granting  a  limited license  to                                                                    
     eligible offenders. [Page 53]                                                                                              
                                                                                                                                
     Section 86                                                                                                             
     28.35.030(k)   -  Operating   a   Vehicle…  Under   the                                                                    
     Influence (Amended)                                                                                                        
                                                                                                                                
     Requires first-time DUI offenders  to serve a mandatory                                                                    
     term   of   electronic  monitoring.   If   unavailable,                                                                    
     imprisonment  is determined  by  the department.  [Page                                                                    
     54]                                                                                                                        
                                                                                                                                
     Section 87                                                                                                             
     28.35.030(l)   -  Operating   a   Vehicle…  Under   the                                                                    
     Influence (Amended)                                                                                                        
                                                                                                                                
     Conforming  to  require   that  costs  of  imprisonment                                                                    
     required to  be paid  under subsection (k)  reflect the                                                                    
     requirement  to  be  placed on  electronic  monitoring.                                                                    
     [Page 55]                                                                                                                  
                                                                                                                                
     Section 88                                                                                                             
     28.35.030(o)   -  Operating   a   Vehicle…  Under   the                                                                    
     Influence (Amended)                                                                                                        
                                                                                                                                
     Requires the  department restore a driver's  license to                                                                    
     a person  who has  been granted  a limited  license and                                                                    
     has successfully driven for  three years without having                                                                    
     driving privileges revoked,  has successfully completed                                                                    
     the therapeutic  court program, has not  been convicted                                                                    
     of a DUI  or refusal, and provides  proof of insurance.                                                                    
     [Page 55]                                                                                                                  
                                                                                                                                
2:27:34 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 89                                                                                                             
     28.35.032(o)  -  Refusal  to Submit  to  Chemical  Test                                                                    
     (Amended)                                                                                                                  
     Requires  first-time refusal  to submit  to a  chemical                                                                    
     test   to  serve   a  mandatory   term  of   electronic                                                                    
     monitoring. If unavailable,  imprisonment is determined                                                                    
     by the department. [Page 56]                                                                                               
                                                                                                                                
     Section 90                                                                                                             
     29.10.200(21)   -  Limitation   of  Home   Rule  Powers                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Conforms  to the  requirement that  a municipality  may                                                                    
     not  proscribe  a  greater   penalty  for  a  municipal                                                                    
     ordinance than what  is imposed for a  state crime with                                                                    
     comparable elements. [Page 57]                                                                                             
                                                                                                                                
     Section 91                                                                                                             
     29.25.070(a) - Penalties (Amended)                                                                                         
                                                                                                                                
     Conforms  to the  requirement that  a municipality  may                                                                    
     not  proscribe  a  greater   penalty  for  a  municipal                                                                    
     ordinance than what  is imposed for a  state crime with                                                                    
     comparable elements. [Page 57]                                                                                             
                                                                                                                                
     Section 92                                                                                                             
     29.25.070 - Penalties (New Subsection)                                                                                     
                                                                                                                                
     Requires  that  a  municipality  may  not  proscribe  a                                                                    
     greater penalty for a municipal  ordinance than what is                                                                    
     imposed  for a  state crime  with comparable  elements.                                                                    
     [Page 57]                                                                                                                  
                                                                                                                                
     Section 93                                                                                                             
    33.05.020 - Duties of Commissioner (New Subsection)                                                                         
                                                                                                                                
     Requires    the    commissioner   to    establish    an                                                                    
     administrative  sanction   and  incentive   program  to                                                                    
     facilitate   a  prompt   and   effective  response   to                                                                    
     violations    of   probation.    Also   requires    the                                                                    
     commissioner   to   establish   a  system   of   earned                                                                    
     compliance credits. [Page 57]                                                                                              
                                                                                                                                
     Section 94                                                                                                             
    33.05.040 - Duties of Probation Officers (Amended)                                                                          
                                                                                                                                
     Conforms section to  include earned compliance credits,                                                                    
     administrative  sanctions, and  early discharge  to the                                                                    
     duties of probation officers. [Page 59]                                                                                    
                                                                                                                                
     Section 95                                                                                                             
     33.05.080 - Definitions (New Paragraph)                                                                                    
                                                                                                                                
     Defines  "administrative sanctions  and incentives"  to                                                                    
     mean   responses   by   a  probation   officer   to   a                                                                    
     probationer's  compliance  or  noncompliance  with  the                                                                    
     conditions of probation. [Page 59]                                                                                         
                                                                                                                                
2:29:19 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 96                                                                                                             
    33.07.010 - Pretrial Services Program (New Section)                                                                         
                                                                                                                                
     Establishes   a  pretrial   services  program   at  the                                                                    
     Department  of  Corrections  to conduct  pretrial  risk                                                                    
     assessments,   make   recommendations  to   the   court                                                                    
     regarding  release  decisions, and  supervise  pretrial                                                                    
     defendants who  are released. Directs  the Commissioner                                                                    
     to adopt  a risk assessment tool  and relevant training                                                                    
     and regulations.                                                                                                           
     Outlines  duties  of   pretrial  services  officers  to                                                                    
     conduct     pretrial     risk     assessments,     make                                                                    
     recommendations  to  the  court regarding  release  and                                                                    
     conditions  of  release,  and provide  supervision  for                                                                    
     defendants   released  pretrial.   Authorizes  pretrial                                                                    
     services   officers   to    make   pretrial   diversion                                                                    
     recommendations  and  to  arrest  defendants  who  have                                                                    
     failed to appear or violated their release conditions.                                                                     
     Requires  pretrial   services  officers   to  recommend                                                                    
     release on personal recognizance  or unsecured bond for                                                                    
     nonviolent,  non-DV  misdemeanor  and  Class  C  felony                                                                    
     charges, low-  or moderate-risk DUI charges,  and other                                                                    
     low-risk  charges, with  limited options  for departing                                                                    
     from this requirement if  the pretrial services officer                                                                    
     finds that  no combination of non-money  conditions can                                                                    
     reasonably ensure  court appearance and  public safety.                                                                    
     [Page 60]                                                                                                                  
                                                                                                                                
     Section 97                                                                                                             
     33.16.010(c) - Parole (Amended)                                                                                            
                                                                                                                                
     Conforms section to  include administrative and special                                                                    
     medical   parole  as   not  limiting   eligibility  for                                                                    
     mandatory parole. [Page 63]                                                                                                
                                                                                                                                
     Section 98                                                                                                             
     33.16.010(d) - Parole (Amended)                                                                                            
                                                                                                                                
     Conforming   to    include   prisoners    released   on                                                                    
     administrative   parole  as   being   subject  to   the                                                                    
     conditions of parole imposed by the board. [Page 63]                                                                       
                                                                                                                                
     Section 99                                                                                                             
     33.16.010 Parole (New Subsection)                                                                                          
                                                                                                                                
     Provides  for   a  prisoner  meeting   the  eligibility                                                                    
     requirements  to be  released on  administrative parole                                                                    
     by the board of parole. [Page 64]                                                                                          
                                                                                                                                
     Section 100                                                                                                            
     33.16.060(a) Duties of the Board (Amended)                                                                                 
                                                                                                                                
     Conforming  to ensure  the  parole  board shall  impose                                                                    
     conditions  on   all  prisoners  released   on  parole.                                                                    
     Additionally,  this  section   requires  the  board  to                                                                    
     consider prisoners who  are eligible for administrative                                                                    
     and  discretionary  parole  at  least  90  days  before                                                                    
     eligibility. [Page 64]                                                                                                     
                                                                                                                                
     Section 101                                                                                                            
     33.16.089 - Eligibility  for Administrative Parole (New                                                                    
     Section)                                                                                                                   
                                                                                                                                
     Creates administrative parole  for inmates convicted of                                                                    
     a Class B  or C felony that is not  a sexual felony who                                                                    
     have not  been previously convicted of  a felony. These                                                                    
     inmates are eligible for  administrative parole if they                                                                    
     complete  the requirements  of their  case action  plan                                                                    
     (including    following    institutional   rules    and                                                                    
     completing  treatment requirements)  and  if no  victim                                                                    
     requests a hearing. [Page 64]                                                                                              
                                                                                                                                
2:31:46 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 102                                                                                                            
     33.16.090(a)  -  Eligibility for  Discretionary  Parole                                                                    
     …Served (Amended)                                                                                                          
                                                                                                                                
     Expands  eligibility for  discretionary  parole to  all                                                                    
     inmates,    excluding   inmates    convicted   of    an                                                                    
     unclassified or sexual felony, who  are over the age of                                                                    
     60  and  have  served  at   least  10  years  of  their                                                                    
     sentence. [Page 65]                                                                                                        
                                                                                                                                
     Section 103                                                                                                            
     33.16.090(b)  -  Eligibility for  Discretionary  Parole                                                                    
     …Served (Amended)                                                                                                          
                                                                                                                                
     Expands  eligibility for  discretionary  parole to  all                                                                    
     offenders except Class A  or Unclassified sex offenders                                                                    
     with a prior felony conviction. [Page 66]                                                                                  
                                                                                                                                
     Section 104                                                                                                            
     33.16.100(a)   -  Granting   of  Discretionary   Parole                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Conforming   to  the   expansion  of   eligibility  for                                                                    
     discretionary parole. [Page 68]                                                                                            
                                                                                                                                
     Section 105                                                                                                            
     33.16.100(b)   -  Granting   of  Discretionary   Parole                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Conforming   to   changes   in   the   parole   release                                                                    
    application and decision-making process. [Page 68]                                                                          
                                                                                                                                
     Section 106                                                                                                            
     33.16.100  -  Granting  of  Discretionary  Parole  (New                                                                    
     Subsection)                                                                                                                
                                                                                                                                
     Authorizes  the  parole  board to  grant  discretionary                                                                    
     parole to a prisoner who  has been convicted of a class                                                                    
     A,  class  B, or  class  C  felony, or  a  misdemeanor,                                                                    
     provided  the prisoner  is  eligible for  discretionary                                                                    
     parole  and  has met  the  requirements  of their  case                                                                    
     plan.  If  the  board  finds by  clear  and  convincing                                                                    
     evidence  that  the  prisoner poses  a  threat  to  the                                                                    
     public, the board may deny discretionary parole.                                                                           
     When  considering a  prisoner over  the age  of 60  for                                                                    
     release on  discretionary parole,  the board  must take                                                                    
     into   consideration  the   prisoner's  likelihood   of                                                                    
     recidivism  given  the  prisoner's   age,  as  well  as                                                                    
     whether  or not  the  prisoner poses  a  threat to  the                                                                    
     public. [Page 68]                                                                                                          
                                                                                                                                
     Section 107                                                                                                            
     33.16.110(a) - Preparole Reports (Amended)                                                                                 
                                                                                                                                
     Requires  the parole  board  to  consider the  inmate's                                                                    
     case  plan   and  re-entry  plan  when   evaluating  an                                                                    
     inmate's  suitability for  discretionary parole.  [Page                                                                    
     69]                                                                                                                        
                                                                                                                                
     Section 108                                                                                                            
     33.16.120(a) - Rights of  Certain Victims in Connection                                                                    
     with Parole (Amended)                                                                                                      
                                                                                                                                
     Conforms to  reflect changes to the  parole application                                                                    
     process. [Page 70]                                                                                                         
                                                                                                                                
2:33:33 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 109                                                                                                            
     33.15.120(f) - Rights of  Certain Victims in Connection                                                                    
     with Parole (Amended)                                                                                                      
                                                                                                                                
     Conforming to  ensure victims receive  notification for                                                                    
     inmates eligible for administrative parole. [Page 70]                                                                      
                                                                                                                                
     Section 110                                                                                                            
     33.16.120(g) - Rights of  Certain Victims in Connection                                                                    
     with Parole (Amended)                                                                                                      
                                                                                                                                
     Conforms  to  the  requirement that  the  parole  board                                                                    
     notify a victim of  a crime involving domestic violence                                                                    
     or   sexual  assault   thirty   days   in  advance   of                                                                    
     discretionary    and    geriatric   parole    hearings.                                                                    
     Additionally, the board shall  inform the victim of any                                                                    
     decision  to  grant  or deny  parole,  and  notify  the                                                                    
     victim  of  release   on  parole,  including  mandatory                                                                    
     parole. [Page 70]                                                                                                          
                                                                                                                              
     Section 111                                                                                                            
     33.16.120  - Rights  of Certain  Victims in  Connection                                                                    
     with Parole (New Subsection)                                                                                               
                                                                                                                                
     Requires notice to a victim  who has a right to receive                                                                    
     notice from the parole board  and enables the victim to                                                                    
     request    a    hearing    before   a    prisoner    is                                                                    
     administratively  paroled.  The  notice to  the  victim                                                                    
     must include  the procedure  for requesting  a hearing.                                                                    
     [Page 71]                                                                                                                  
                                                                                                                                
     Section 112                                                                                                            
     33.16.130 - Parole Procedures (Repealed and Reenacted)                                                                     
     Streamlines  the  hearing   process  for  discretionary                                                                    
     parole by  requiring the parole board  to hold hearings                                                                    
     for all  prisoners who are  eligible, rather  than wait                                                                    
     for prisoners  to determine eligibility and  prepare an                                                                    
     application  prior to  a hearing.  If the  board denies                                                                    
     parole,  the board  shall provide  a  written plan  for                                                                    
     addressing all  of the factors relevant  to the denial.                                                                    
     The board  shall schedule  a subsequent  hearing within                                                                    
     two years after the  first parole eligibility date, and                                                                    
     for  additional denials,  within  two  years after  the                                                                    
     most recent hearing. [Page 71]                                                                                             
                                                                                                                                
     Section 113                                                                                                            
     33.16.140 - Order for Parole (Amended)                                                                                     
                                                                                                                                
     Conforming to include administrative  parole in list of                                                                    
     parole  types where  a parole  order is  issued by  the                                                                    
     board that sets out conditions of release. [Page 72]                                                                       
                                                                                                                                
     Section 114                                                                                                            
     33.16.150(a) - Conditions of Parole (Amended)                                                                              
                                                                                                                                
     Conforming to  include administrative parole as  a type                                                                    
     of parole that carries  mandatory conditions of parole.                                                                    
     [Page 72]                                                                                                                  
                                                                                                                                
     Section 115                                                                                                            
     33.16.150(b) - Conditions of Parole (Amended)                                                                              
                                                                                                                                
     Conforming to  include administrative parole as  a type                                                                    
     of parole  that carries conditions that  can be imposed                                                                    
     by  the board  or  a designated  member  of the  board.                                                                    
     [Page 73]                                                                                                                  
                                                                                                                                
2:35:37 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
     Section 116                                                                                                            
     33.16.150(e) - Conditions of Parole (Amended)                                                                              
                                                                                                                                
     Conforming to  include administrative parole as  a type                                                                    
     of  parole  that  can carry  conditions  imposed  by  a                                                                    
     designated member of the board  acting on behalf of the                                                                    
     full board. [Page 74]                                                                                                      
                                                                                                                                
     Section 117                                                                                                            
     33.16.150(f) - Conditions of Parole (Amended)                                                                              
     Conforming to  include administrative parole as  a type                                                                    
     of  parole that  carries  additional  conditions for  a                                                                    
     prisoner serving a term for  a crime involving domestic                                                                    
     violence. [Page 75]                                                                                                        
                                                                                                                                
     Section 118                                                                                                            
     33.16.150(g) - Conditions of Parole (Amended)                                                                              
                                                                                                                                
     Conforming to  include administrative parole as  a type                                                                    
     of  parole that  carries  the  additional condition  of                                                                    
     electronic  monitoring if  the  prisoner was  sentenced                                                                    
     with an  aggravating factor  relating to  street gangs.                                                                    
     [Page 75]                                                                                                                  
                                                                                                                                
     Section 119                                                                                                            
     33.16.150 - Conditions of Parole (New Subsection)                                                                          
                                                                                                                                
     Provides  that  the  parole   board  may  require  that                                                                    
     prisoners serving  a sentence for an  offense involving                                                                    
     the  use of  alcohol  or  controlled substances  comply                                                                    
     with a program established  under AS 33.16.060(c) or AS                                                                    
     47.38.020. [Page 76]                                                                                                       
                                                                                                                                
Mr. Shilling relayed that the section had been an amendment                                                                     
added in the Senate Judiciary Committee.                                                                                        
                                                                                                                                
     Section 120                                                                                                            
     33.16.180 - Duties of the Commissioner (Amended)                                                                           
                                                                                                                                
     Includes  administrative parole  as  a  type of  parole                                                                    
     that  the commissioner  is  responsible for  conducting                                                                    
     investigations  of prisoner  eligibility and  notifying                                                                    
     the board within 30 days  after sentencing of potential                                                                    
     eligibility.   Requires   preparation   of   pre-parole                                                                    
     reports  and  notification  to   the  parole  board  of                                                                    
     compliance  or noncompliance  with the  prisoner's case                                                                    
     plan  no  less than  30  days  before the  next  parole                                                                    
     eligibility  date  or   hearing.  The  commissioner  is                                                                    
     required  to implement  and  administer  a schedule  of                                                                    
     sanctions  and incentives  to  facilitate  a swift  and                                                                    
     certain  response  to  violations,  while  including  a                                                                    
     process for  due process  considerations. Additionally,                                                                    
     the  commissioner shall  facilitate the  application of                                                                    
     earned  credit for  compliance with  the conditions  of                                                                    
     parole.   Requires   commissioner  to   notify   victim                                                                    
     information regarding release of offender. [Page 77]                                                                       
                                                                                                                                
2:37:51 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 121                                                                                                            
     33.16.200 - Custody of Parolee (Amended)                                                                                   
                                                                                                                                
     Conforming  to  include  administrative parolees  as  a                                                                    
     type  of parolees  that the  board  retains custody  of                                                                    
     until   the  expiration   of   the   maximum  term   of                                                                    
     imprisonment to  which the parolee is  sentenced. [Page                                                                    
     78]                                                                                                                        
                                                                                                                                
     Section 122                                                                                                            
     33.16.210 - Discharge of Parolee (Amended)                                                                                 
                                                                                                                                
     Reduces  the period  of time  before a  parolee becomes                                                                    
     eligible  for unconditional  discharge from  parole, in                                                                    
     some  cases to  serve a  residual period  of probation.                                                                    
     [Page 78]                                                                                                                  
                                                                                                                                
     Section 123                                                                                                            
     33.16.210 - Discharge of Parolee (New Subsection)                                                                          
                                                                                                                                
     Allows  the board  to initiate  early discharge  if the                                                                    
     parolee has completed at least  one year on parole, has                                                                    
     completed  all  required   treatment  programs,  is  in                                                                    
     compliance with all other conditions,  and has not been                                                                    
     convicted of  unclassified felony, a sexual  felony, or                                                                    
     a crime  involving domestic  violence. The  board shall                                                                    
     also  grant  monthly  parole incentive  reductions  for                                                                    
     compliance with conditions imposed  by the board. [Page                                                                    
     78]                                                                                                                        
                                                                                                                                
Mr. Shilling commented that previous committees had                                                                             
excluded sexual felonies, unclassified felonies, and those                                                                      
convicted of domestic violence from the provision.                                                                              
                                                                                                                                
2:39:03 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 124                                                                                                            
     33.16.215  - Sanctions  for  a  Technical Violation  of                                                                    
     Parole (New Section)                                                                                                       
                                                                                                                                
     Provides  for a  system of  imprisonment for  technical                                                                    
     violations  not  to exceed  three  days  for the  first                                                                    
     technical  violation  of  parole;  five  days  for  the                                                                    
     second technical  violation of parole; 10  days for the                                                                    
     third  technical violation  of  parole; and  up to  the                                                                    
     remainder of the suspended portion  of the sentence for                                                                    
     a fourth  or subsequent technical violation  of parole.                                                                    
     For defendants  found absconding, the board  may impose                                                                    
     a  period  of  imprisonment  of  up  to  30  days.  For                                                                    
     probationers   failing   to   complete   sex   offender                                                                    
     treatment,   the  board   may   impose   a  period   of                                                                    
     imprisonment  up  to  the remainder  of  the  suspended                                                                    
     portion of  the sentence. These limits  would not apply                                                                    
    to parolees enrolled in the PACE program. [Page 78]                                                                         
                                                                                                                                
     Section 125                                                                                                            
     33.16.220(b) - Revocation of Parole (Amended)                                                                              
                                                                                                                                
     Conforms to include the commission  of a new offense or                                                                    
     failing to  complete a  sex offender  treatment program                                                                    
     as  conduct  that  requires a  preliminary  hearing  to                                                                    
     determine if  a violation  of the conditions  of parole                                                                    
     occurred. [Page 80]                                                                                                        
                                                                                                                                
     Section 126                                                                                                            
     33.16.220(f) - Revocation of Parole (Amended)                                                                              
                                                                                                                                
     Conforms  to   ensure  that  revocation   hearings  for                                                                    
     technical violations  of parole  occur within  15 days,                                                                    
     while  preserving  current  process  for  non-technical                                                                    
     offenses. [Page 80]                                                                                                        
                                                                                                                                
     Section 127                                                                                                            
     33.16.220(i) - Revocation of Parole (Amended)                                                                              
                                                                                                                                
     Conforms  to ensure  the limits  on parole  revocations                                                                    
     listed in Section 124 apply.  Also conforming to ensure                                                                    
     that any credits a parolee  earned for compliance under                                                                    
     Section 87  cannot indirectly be  taken away  through a                                                                    
     board extension of the term of parole. [Page 80]                                                                           
                                                                                                                                
     Section 128                                                                                                            
     33.16.220 - Revocation of Parole (New Subsection)                                                                          
                                                                                                                                
     Changes  the  parole  hearing process  to  ensure  that                                                                    
     revocation hearings for  technical violations of parole                                                                    
     occur within 15 days. [Page 80]                                                                                            
     Section 129                                                                                                            
     33.16.240   -  Arrest   of  a   Parole  Violator   (New                                                                    
     Subsection)                                                                                                                
                                                                                                                                
     Provides  for  a  parolee   arrested  for  a  technical                                                                    
     violation  to be  released  upon reaching  imprisonment                                                                    
     limits. [Page 81]                                                                                                          
                                                                                                                                
     Section 130                                                                                                            
    33.16.270 - Earned Compliance Credits (New Section)                                                                         
                                                                                                                                
     Requires the  commissioner to establish a  program that                                                                    
     allows parolees to earn credits  for complying with the                                                                    
     conditions of  parole. A parolee  can earn a  credit of                                                                    
     30 days for each month  served in which the parolee has                                                                    
     complied with conditions of parole. [Page 81]                                                                              
                                                                                                                                
     Section 131                                                                                                                
     33.16.900 - Definitions (New Paragraph)                                                                                    
                                                                                                                                
     Defines  "administrative parole"  as the  release of  a                                                                    
     prisoner  who  is  eligible for  administrative  parole                                                                    
     under AS  33.16.089 and who has  satisfied the criteria                                                                    
     for  release,  subject  to conditions  imposed  by  the                                                                    
    board and subject to its custody and jurisdiction.                                                                          
     Defines "administrative sanctions  and incentives" as a                                                                    
     response by a parole  officer to a parolee's compliance                                                                    
     or noncompliance  with the conditions of  parole. [Page                                                                    
     81]                                                                                                                        
                                                                                                                                
     Section 132                                                                                                            
     33.20.010(a) - Computation of Good Time (Amended)                                                                          
                                                                                                                                
     Conforms to  new technical violation statute  making it                                                                    
     so technical  violators are not eligible  for good time                                                                    
     credits. [Page 81]                                                                                                         
                                                                                                                                
2:41:39 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                              
     Section 133                                                                                                            
     33.20.010(c) - Computation of Good Time (Amended)                                                                          
                                                                                                                                
     This   section  extends   credit   to  individuals   on                                                                    
     electronic monitoring. [Page 82]                                                                                           
                                                                                                                                
     Section 134                                                                                                            
     33.20.010 - Computation of Good Time (New Subsection)                                                                      
                                                                                                                                
     Allows  prisoners  convicted  of  a  sexual  felony  to                                                                    
     receive  earned  credit  upon completion  of  treatment                                                                    
     requirements listed in the  prisoner's case plan. [Page                                                                    
     82]                                                                                                                        
                                                                                                                                
     Section 135                                                                                                            
     33.30.011 - Duties of Commissioner (Amended)                                                                               
                                                                                                                                
     Requires the  commissioner of corrections  to establish                                                                    
     a   program  to   assess  risk   levels  for   pretrial                                                                    
     defendants,  as  well  as  establish  a  procedure  for                                                                    
     providing a  written case plan  to prisoners  within 90                                                                    
     days of sentencing and a  reentry plan at least 90 days                                                                    
     before release. Additionally,  this section establishes                                                                    
     standards  for electronic  monitoring and  the approval                                                                    
     of   private   contractors  that   provide   electronic                                                                    
     monitoring. [Page 83]                                                                                                      
                                                                                                                                
     Section 136                                                                                                            
     33.30.013(a)  -  Commissioner  to Notify  Victims  (New                                                                    
     Subsection)                                                                                                                
                                                                                                                                
     Requires the  Department of  Corrections to  notify the                                                                    
     victim  if  the  parolee  is   eligible  for  a  parole                                                                    
    reduction for compliance with conditions. [Page 85]                                                                         
                                                                                                                                
     Section 137                                                                                                            
     33.30.065(a)  -  Service   of  Sentence  by  Electronic                                                                    
     Monitoring (Amended)                                                                                                       
                                                                                                                                
     Allows  for   a  private  contractor  approve   by  the                                                                    
     department to  administer electronic  monitoring. [Page                                                                    
     85]                                                                                                                        
                                                                                                                                
     Section 138                                                                                                            
     30.30.095 -  Duties of  Commissioner Before  Release of                                                                    
     Prisoner (New Section)                                                                                                     
                                                                                                                                
     Requires the  Department of Corrections to  establish a                                                                    
     program to prepare a prisoner  for re-entry that begins                                                                    
     90 days  before the date  of release. The  program must                                                                    
     include a  re-entry plan  and instruction  on resources                                                                    
     available   in  the   community  and   obtaining  state                                                                    
     identification. [Page 86]                                                                                                  
2:43:28 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 139                                                                                                            
     33.30.151 - Correctional Restitution Centers (Amended)                                                                     
                                                                                                                                
     Requires CRC's to provide  treatment, reduce mixing low                                                                    
     and high  risk offenders,  and adopt  quality assurance                                                                    
     measures,  including   standards  for   assessing  risk                                                                    
     levels. [Page 86]                                                                                                          
                                                                                                                                
     Section 140                                                                                                            
     34.03.360(7) - Definitions (Amended)                                                                                       
                                                                                                                                
     Conforms   to   the  realigned   misconduct   involving                                                                    
     controlled substances statutes. [Page 87]                                                                                  
                                                                                                                                
     Section 141                                                                                                            
     43.23.065(b) - Exemption of and  Levy on Permanent Fund                                                                    
     Dividends (Amended)                                                                                                        
                                                                                                                                
     Conforms to ensure that forfeiture  of an appearance or                                                                    
     performance bond  is not  exempted from  permanent fund                                                                    
     dividend garnishment. [Page 87]                                                                                            
                                                                                                                                
     Section 142                                                                                                            
     44.19.645  -  Powers  and  duties  of  the  commission.                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Provides  that the  Alaska Criminal  Justice Commission                                                                    
     shall  annually make  recommendations  to the  governor                                                                    
     and legislature  on how  savings from  criminal justice                                                                    
     reforms  should  be  reinvested to  reduce  recidivism.                                                                    
     Allows  the commission  to appoint  a working  group to                                                                    
     review    and    analyze    the    implementation    of                                                                    
     recommendations,  as well  as  enter into  data-sharing                                                                    
     agreements  with  the  University  of  Alaska  and  the                                                                    
     Alaska Judicial Council. [Page 88]                                                                                         
                                                                                                                                
Mr. Shilling noted that the section was part of the                                                                             
oversight responsibilities of the Alaska Criminal Justice                                                                       
Commission.                                                                                                                     
                                                                                                                                
2:44:48 PM                                                                                                                    
                                                                                                                                
     Section 143                                                                                                            
     44.19.645 -  Powers and duties  of the  commission (New                                                                    
     Subsections)                                                                                                               
                                                                                                                                
     Requires  the  commission  to track  and  analyze  data                                                                    
     collected  by   agencies  and  entities   charged  with                                                                    
     implementing   the    recommendations.   Requires   the                                                                    
     Judiciary,  the Department  of Public  Safety, and  the                                                                    
     Department  of  Corrections  to   report  data  to  the                                                                    
     commission on a quarterly basis. [Page 90]                                                                                 
                                                                                                                                
     Section 144                                                                                                            
     44.19.647   -   Annual   Report   and   Recommendations                                                                    
     (Amended)                                                                                                                  
                                                                                                                                
     Requires the commission to issue  an annual report that                                                                    
     must include a description of  the past year, a summary                                                                    
     of savings,  performance metrics and outcomes  from the                                                                    
     recommendations,  and  recommendations  for  additional                                                                    
     reforms. [Page 92]                                                                                                         
                                                                                                                                
     Section 145                                                                                                            
     44.19.647  -  Annual  Report and  Recommendations  (New                                                                    
     Subsection)                                                                                                                
                                                                                                                                
     Requires the  commission to submit the  report no later                                                                    
     than November 1 of each year. [Page 93]                                                                                    
                                                                                                                                
     Section 146                                                                                                            
     44.66.010(a)(12)                                                                                                           
                                                                                                                                
     Extends the  life of the  commission to June  30, 2021.                                                                    
     [Page 93]                                                                                                                  
                                                                                                                                
     Section 147                                                                                                            
     47.05.035  -  Disqualification from  public  assistance                                                                    
     for felony drug offenses (New Section)                                                                                     
                                                                                                                                
     Requires  a  person  with  a  prior  conviction  for  a                                                                    
     controlled substances offense  to participate in random                                                                    
     drug testing  if they are receiving  public assistance.                                                                    
     Disqualifies a person who tests  positive or refuses to                                                                    
     take a test. [Page 93]                                                                                                     
                                                                                                                                
     Section 148                                                                                                            
     47.27.015 - Disqualifying Conditions (New Subsection)                                                                      
                                                                                                                                
     Lifts the  restriction on  eligibility for  food stamps                                                                    
     for persons  convicted of  drug felonies,  provided the                                                                    
     individual is  compliant with conditions  of probation,                                                                    
     has   completed  treatment,   or   is  working   toward                                                                    
     rehabilitation. [Page 94]                                                                                                  
                                                                                                                                
2:46:35 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 149                                                                                                            
     47.37.040 - Duties of department (Amended)                                                                                 
                                                                                                                                
     Restricts  ASAP  referrals  to persons  who  have  been                                                                    
     referred by  a court under AS  28.35.028, 28.35.030, or                                                                    
     28.35.032. [Page 94]                                                                                                       
                                                                                                                                
     Section 150                                                                                                            
     47.37.130(h)  -  Comprehensive program  for  treatment:                                                                    
     regional facilities. (Amended)                                                                                             
                                                                                                                                
     Requires the department to  develop regulations for the                                                                    
     operation  and management  of public  and private  ASAP                                                                    
     programs  that ensures  the uses  of  a validated  risk                                                                    
     assessment. [Page 98]                                                                                                      
                                                                                                                                
     Section 151                                                                                                            
     47.37.130  -   Comprehensive  program   for  treatment:                                                                    
     regional facilities. (New Subsection)                                                                                      
                                                                                                                                
     Provides that ASAP assess participants  for risk to re-                                                                    
    offend and supervise based on that risk. [Page 98]                                                                          
                                                                                                                                
     Section 152                                                                                                            
     47.38.020(d) - Alcohol,  and Substance Abuse Monitoring                                                                    
     Program (Repeal and Reenacted)                                                                                             
                                                                                                                                
     Allows  for  department  to  enter  into  contracts  to                                                                    
     establish and implement test  required in this section.                                                                    
     [Page 98]                                                                                                                  
                                                                                                                                
     Section 153                                                                                                            
     47.38.100(a) - Recidivism Reduction Program (Amended)                                                                      
                                                                                                                                
     Removes   language   reference  Transitional   Re-Entry                                                                    
     Programs. [Page 98]                                                                                                        
                                                                                                                                
     Section 154                                                                                                            
    47.38.100(b) Recidivism Reduction Program (Amended)                                                                         
                                                                                                                                
     Requires   that  programs   that  increase   access  to                                                                    
     evidence-based  rehabilitation   programs  and  support                                                                    
     offender transition and re-entry. [Page 99]                                                                                
                                                                                                                                
2:48:00 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 155                                                                                                            
     47.38.100   -   Recidivism   Reduction   Program   (New                                                                    
     Subsection)                                                                                                                
                                                                                                                                
     Defines "evidence-based" as a  program or practice that                                                                    
     offers  a  high  level of  research  on  effectiveness.                                                                    
     [Page 99]                                                                                                                  
                                                                                                                                
     Section 156                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Amendment  to Court  Rule  38 of  the  Alaska Rules  of                                                                    
     Criminal Procedure  providing for hearing  reminders to                                                                    
     defendants. [Page 99]                                                                                                      
                                                                                                                                
     Section 157                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Amendment  to Court  Rule  41 of  the  Alaska Rules  of                                                                    
     Criminal  Procedure  prohibiting   bail  schedules  for                                                                    
     misdemeanors or felonies. [Page 100]                                                                                       
                                                                                                                                
     Section 158                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Repeals Court Rules 41(d) and (e)[Page 100]                                                                                
                                                                                                                                
     Section 159                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Repeals  AS   11.46.140(a)(3),  11.46.220(c)(2)(B),  AS                                                                    
     11.71.020,       11.71.040(a)(3),      11.71.050(a)(2),                                                                    
     11.71.060(a)(2)(A);  AS 12.30.016(d);  AS 12.55.125(o),                                                                    
     12.55.135(j); and AS 33.16.100 . [Page 100]                                                                                
                                                                                                                                
     Section 160                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Indirect Court  Rule Amendments to the  Alaska Rules of                                                                    
     Criminal Procedure. [Page 100]                                                                                             
                                                                                                                                
     Section 161                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     The  Council on  Domestic Violence  and Sexual  Assault                                                                    
     shall   create  or   expand  community-based   violence                                                                    
     prevention programming. [Page 101]                                                                                         
                                                                                                                                
2:49:29 PM                                                                                                                    
                                                                                                                                
     Section 162                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     The  Alaska Criminal  Justice Commission  shall provide                                                                    
     in the  2017 report an evaluation  of barrier offenses.                                                                    
     [Page 101]                                                                                                                 
                                                                                                                                
Mr. Shilling noted that the section was the result of an                                                                        
amendment in the Senate Judiciary Committee.                                                                                    
                                                                                                                                
2:49:49 PM                                                                                                                    
                                                                                                                                
Mr. Shilling continued:                                                                                                         
                                                                                                                                
     Section 163                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Applicability provisions. [Page 102]                                                                                       
                                                                                                                                
     Section 164                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Provides  that   certain  sections  of  the   bill  are                                                                    
     conditional  on  a  two-thirds majority  vote  of  each                                                                    
     house. [Page 106]                                                                                                          
                                                                                                                                
Mr. Shilling believed that the section had been the result                                                                      
of the court rule changes required in the bill.                                                                                 
                                                                                                                                
2:50:29 PM                                                                                                                    
                                                                                                                                
     Section165                                                                                                             
     Uncodified Law                                                                                                             
                                                                                                                                
     Establishes  effective date  for Sections  1-16, 21-34,                                                                    
     55, 57,  59, 61, 63, 67,  72-85, 88, 90, 92,  132, 133,                                                                    
     142-151, and 159 as July 1, 2016. [Page 107]                                                                               
                                                                                                                                
     Section 166                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Establishes effective  date for  Section 79  as October                                                                    
     1, 2016. [Page 107]                                                                                                        
                                                                                                                                
     Section 167                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Establishes  effective date  for Sections  51, 53,  54,                                                                    
     60, 62, 64-66,  68, 69, 86, 87, 89,  93-95, 97-131, and                                                                    
     134-139 as July 1, 2017. [Page 107]                                                                                        
                                                                                                                                
     Section 168                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Establishes effective  date for Sections 17  and 156 as                                                                    
     January 1, 2018. [Page 107]                                                                                                
                                                                                                                                
     Section 169                                                                                                            
     Uncodified Law                                                                                                             
                                                                                                                                
     Establishes effective  date for Sections  18-20, 35-50,                                                                    
     58,  96,141,156-158  and  160(f) as  January  1,  2018.                                                                    
     [Page 107]                                                                                                                 
                                                                                                                                
Mr. Shilling concluded the sectional analysis.                                                                                  
                                                                                                                                
SB 91 was HEARD and HELD in committee for further                                                                               
consideration.                                                                                                                  
                                                                                                                                
2:50:53 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon discussed housekeeping.                                                                                      
                                                                                                                                
2:52:13 PM                                                                                                                    
                                                                                                                                
Vice-Chair Micciche queried the due date for amendments for                                                                     
SB 91.                                                                                                                          
                                                                                                                                
Co-Chair MacKinnon clarified that amendments for SB 91 were                                                                     
due by 5:00pm on Friday, April 1, 2016.                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
2:52:34 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:52 p.m.                                                                                          
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects
Mental Health Trust Authority - Derr #1.pdf SFIN 3/31/2016 1:00:00 PM
Confirmations 2016
Mental Health Trust Authority - Selby #1.pdf SFIN 3/31/2016 1:00:00 PM
Confirmations 2016
SB 91 Community Supervision.pdf SFIN 3/31/2016 1:00:00 PM
SB 91
A.S. Mental Health Trust Authority.pdf SFIN 3/31/2016 1:00:00 PM
Confirmations 2016