Legislature(2015 - 2016)SENATE FINANCE 532

04/01/2016 01:00 PM Senate FINANCE

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Audio Topic
01:06:30 PM Start
01:07:08 PM SB91
01:31:05 PM Public Testimony
02:42:07 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 91 OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS TELECONFERENCED
Heard & Held
-- Public Testimony <Limited to 2 Minutes> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                 SENATE FINANCE COMMITTEE                                                                                       
                       April 1, 2016                                                                                            
                         1:06 p.m.                                                                                              
                                                                                                                                
1:06:30 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                                                                                                                  
                                                                                                                                
Jordan  Schilling,  Staff,   Senator  John  Coghill;  Graham                                                                    
Smith,   Southeast  Monitoring   and  Compliance   Services,                                                                    
Juneau; Sarra  Khlifi, Alaska  Food Coalition,  Juneau; Kara                                                                    
Nelson,  Director, Haven  House, Juneau;  Michelle Federico,                                                                    
Self, Juneau; Veronica Parks, Haven House, Juneau.                                                                              
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Anne Seymour, National  Victim Advocate, Michigan; Katherine                                                                    
Hansen,   Acting  Director,   Office   of  Victims   Rights,                                                                    
Anchorage;  Janet  Kincaid,  Self,  Palmer;  Clinton  Cerda,                                                                    
Self, Palmer; Marty Kincaid, Self,  Palmer; Tony Piper, ASAP                                                                    
Program Manager,  Department of Health and  Social Services,                                                                    
Anchorage; Ronald Michael Allen  Jr., Self, Fairbanks; Casey                                                                    
St.  Rose,  Fairbanks  Reentry  Coalition,  Fairbanks;  Cara                                                                    
Durr,  Food   Bank  of   Alaska,  Anchorage;   Nikki  Hines,                                                                    
Coordinator,    Fairbanks    Prisoner   Re-Entry    Program,                                                                    
Fairbanks; Butch Moore, Self,  Anchorage; Reese Burke, Self,                                                                    
Fairbanks; Edward Smagge,  Self, Fairbanks; Michael Jeffery,                                                                    
Self, Barrow; Chris Nettels,  Member, National Federation of                                                                    
Independent  Businesses,  Anchorage; Marna  Sanford,  Tanana                                                                    
Chiefs Conference, Fairbanks;  Christina Love, Self, Juneau;                                                                    
Vicki Wallner,  Founder, Stop Valley Thieves,  Palmer; Jayce                                                                    
Robertson, Self, Kenai; Zachary Finkel, Self, Fairbanks.                                                                        
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
SB 91     OMNIBUS CRIM LAW and PROCEDURE; CORRECTIONS                                                                           
                                                                                                                                
          SB 91 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
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."                                                                           
                                                                                                                                
1:07:08 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon queried comments  regarding the notion of                                                                    
jail term  versus continuing to incarcerate  perpetrators of                                                                    
sexual  violence.  She  hoped  that there  would  be  a  new                                                                    
perspective.                                                                                                                    
                                                                                                                                
1:09:20 PM                                                                                                                    
                                                                                                                                
ANNE SEYMOUR, NATIONAL VICTIM ADVOCATE, MICHIGAN (via                                                                           
teleconference) read from a written statement:                                                                                  
                                                                                                                                
     Good afternoon  Chairwoman McKinnon and  Chairman Kelly                                                                    
     and  members of  the Alaska  Senate Finance  Committee,                                                                    
     and thank you for the  opportunity to testify on behalf                                                                    
     of Senate Bill 91. I  helped facilitate the outreach to                                                                    
     crime   victims,    survivors   and    victim   service                                                                    
     professionals  last year  in the  early  stages of  the                                                                    
     Alaska    Criminal    Justice    Commission's    reform                                                                    
     initiative, and  I'd like to  talk briefly  today about                                                                    
     this process.                                                                                                              
                                                                                                                                
     I've  been  a national  crime  victim  advocate for  33                                                                    
     years and,  in the  1980s, co-founded  what is  now the                                                                    
     National Center for Victims of  Crime. I have worked in                                                                    
     all  50 states  and  at the  Federal  level to  improve                                                                    
     victims' rights and services. I  currently serve on the                                                                    
     Board of Directors of  five national organizations that                                                                    
     promote pretrial  justice; safety and  crime prevention                                                                    
     on  college campuses;  victim services  in corrections;                                                                    
     and  international  victim  assistance.  I  am  also  a                                                                    
     member  of the  Victims Committees  of all  three major                                                                    
     national  corrections associations,  and had  the honor                                                                    
     of serving  on the DC Sentencing  Commission for nearly                                                                    
     a decade.  Over the  past two  decades, I've  worked in                                                                    
     Alaska,   first  to   support  your   state's  victims'                                                                    
     constitutional  amendment and  later on  behalf of  the                                                                    
     U.S.  Department  of  Justice on  efforts  that  helped                                                                    
     create your  Department of Corrections  victim services                                                                    
     program; and that helped ensure  that victim safety and                                                                    
     concerns are addressed  through sex offender management                                                                    
     and policy.                                                                                                                
                                                                                                                                
     I offer this brief background  as a way of showing that                                                                    
     I  have been  quite  "deep in  the  weeds" in  criminal                                                                    
     justice and  corrections reform  efforts for  my entire                                                                    
     career, and this involvement has  been to simply assure                                                                    
     that victims' voices are heard,  and that when we speak                                                                    
     often about "public safety," that  we also consider the                                                                    
     "individual safety"  of victims, survivors  and members                                                                    
     of our communities.                                                                                                        
                                                                                                                                
     I recall  with great  frustration and sadness  my early                                                                    
     days as  a victim advocate, when  victims had virtually                                                                    
     no  rights.  They  were an  "afterthought"  in  justice                                                                    
     processes  if they  were  thought about  at  all -  the                                                                    
     mother of a  murdered child in Texas spoke  of the need                                                                    
     for  victims' rights  when she  said:  "Just about  the                                                                    
     only right  a victim of crime  has is to be  present at                                                                    
     the  commission  of the  crime."  We  watched from  the                                                                    
     sidelines  as justice  reform efforts  passed in  state                                                                    
     after  state   with  little  or  no   consideration  of                                                                    
     victims' concerns.                                                                                                         
                                                                                                                                
     I think it's  also important to note that  in the early                                                                    
     1990s,  I was  a national  leader  in my  field in  the                                                                    
     movement to  build more prisons and  lengthen sentences                                                                    
     for  violent offenders.  This was,  again, a  time when                                                                    
     victims  had  few  rights  and  their  voices  remained                                                                    
     largely un-heard.                                                                                                          
                                                                                                                                
     To say  "times have  changed" is an  understatement. To                                                                    
     me, the  most significant change in  justice reform and                                                                    
     reinvestment  efforts   is  the   strategic,  proactive                                                                    
     involvement of  crime victims, survivors and  those who                                                                    
     serve them.                                                                                                                
                                                                                                                                
     Over  the  past  five  years,  I've  been  involved  in                                                                    
     justice reinvestment  efforts in almost 20  states, and                                                                    
     I've  learned that  the needs  of  victims vary  widely                                                                    
     from  state-to-state.  South Dakota's  reinvestment  is                                                                    
     helping  to  build   a  statewide  victim  notification                                                                    
     system.  In  Pennsylvania,  one  of  the  outcomes  now                                                                    
     provides  victim  advocates  for  victims  of  juvenile                                                                    
     offenders.   Hawaii's   reinvestment  overhauled   that                                                                    
     state's victim  restitution program  to the  point that                                                                    
     it is now considered the  "standard" for our field. And                                                                    
     in Oregon,  JRI doubled  the amount of  money available                                                                    
     in  its Domestic  and  Sexual  Violence Services  Fund,                                                                    
     among other provisions.                                                                                                    
                                                                                                                                
     Yet  what  is consistent  is  that  states that  reduce                                                                    
     their prison  population have also reduced  their crime                                                                    
     rates. For  example, in the  first two states  I worked                                                                    
     in:                                                                                                                        
                                                                                                                                
     •   In  2010,   South  Carolina   reduced  its   prison                                                                    
     population by  20 percent and  has seen a  reduction in                                                                    
     its crime rate of over 12 percent.                                                                                         
     • In  2011 in  Kentucky, the  1.6 percent  reduction in                                                                    
     the state's  prison population has been  accompanied by                                                                    
     a 17.1 percent reduction in its crime rate.                                                                                
                                                                                                                                
     Which  brings  me  to the  Commission's  work  here  in                                                                    
     Alaska and SB  91: I applaud any  justice reform effort                                                                    
     that  is  bipartisan  in  nature,  and  I  give  "bonus                                                                    
     points"  when the  needs of  crime survivors  are given                                                                    
     the attention they so rightfully deserve.                                                                                  
     I want  to recognize  the Commission's efforts  and the                                                                    
     fact  that  it  included an  amazing  victim  advocate,                                                                    
     Brenda   Stanfill,  on   the  Commission   itself.  The                                                                    
     Commission's  early and  strong  commitment to  hearing                                                                    
    the voices of victims in Alaska is where I came in.                                                                         
     My work in Alaska began  last summer, first reviewing a                                                                    
     rich body  of research in  your state that  showed that                                                                    
     while Alaska  has some of the  finest victim assistance                                                                    
     programs in  the Nation, there  are still  many victims                                                                    
     who remain un-served or  under-served: victims of child                                                                    
     abuse  and neglect;  the majority  of Alaska  women who                                                                    
     experience at  least one  incident of  intimate partner                                                                    
     or  sexual violence  in their  lifetimes;  and so  many                                                                    
     victims whose  need for legal assistance  far outweighs                                                                    
     Alaska's capacity to provide it.                                                                                           
                                                                                                                                
     We  reached  out  to  over   50  survivors  and  victim                                                                    
     advocates  to   inform  them  about   the  Commission's                                                                    
     efforts  and  to invite  them  to  join discussions  to                                                                    
    clarify victims' most important needs and concerns.                                                                         
     Over  a week  in September,  I had  the opportunity  to                                                                    
     speak  personally   with  seven  crime   survivors  and                                                                    
     finally got  to meet Butch  and Cindy Moore  in person,                                                                    
     having  learned of  and  appreciated  their efforts  to                                                                    
     pass  Bree's Law  from 5000  miles away.  I heard  from                                                                    
     domestic violence survivors  for whom "personal safety"                                                                    
     is  an oxymoron.  And I  interviewed victim  assistance                                                                    
     professionals  who simply  struggle to  provide quality                                                                    
     services to the many victims in Alaska who need them.                                                                      
     Instead  of hosting  one Victim/Advocate  Roundtable as                                                                    
     we  do  in most  states,  we  held two  Roundtables  in                                                                    
     Alaska  last September:  in  Fairbanks,  and in  Bethel                                                                    
     (where  we  flew  in tribal  elders  and  survivors  to                                                                    
     ensure that  we learned about  the needs of  victims in                                                                    
     Alaska's bush  communities). Overall, 29  survivors and                                                                    
     victim  advocates  joined the  Roundtable  discussions.                                                                    
     It's important to note that  their input truly informed                                                                    
     the Commission's work and the  bill you have before you                                                                    
     today.                                                                                                                     
                                                                                                                                
     The   Roundtables  presented   10  priorities   to  the                                                                    
     Commission and,  while you can read  the Summary Report                                                                    
     I wrote  (which has been provided  under separate cover                                                                    
     to the Committee), I'd like  to highlight three of them                                                                    
     for you:                                                                                                                   
                                                                                                                                
     1.  There  was  strong  consensus  about  the  need  to                                                                    
     strengthen  victim assistance  services  in remote  and                                                                    
     bush communities to  promote justice, healing, wellness                                                                    
     and crime prevention.                                                                                                      
                                                                                                                                
     2. Participants  emphasized the need to  focus on crime                                                                    
     prevention and  bystander intervention, with a  goal of                                                                    
     less crime and fewer victims in Alaska.                                                                                    
                                                                                                                                
     3.  Finally, there  was  strong  support for  evidence-                                                                    
     based   and    culturally-competent   programming   and                                                                    
     supervision   for    convicted   offenders,   including                                                                    
     batterers'   intervention  and   restorative  community                                                                    
     service.                                                                                                                   
                                                                                                                                
     I  believe that  SB  91 offers  both  a foundation  and                                                                    
     reinvestment  funding that  can  make the  Roundtables'                                                                    
     recommendations  a reality.  In  addition, this  bill's                                                                    
     emphasis on  involving victims and providing  them with                                                                    
     rights to information,  notification, input, safety and                                                                    
     restitution   across   the  entire   criminal   justice                                                                    
     spectrum - from  pre-trial through parole consideration                                                                    
     - equates to one of  the most victim-centered pieces of                                                                    
     legislation I've seen over the past decade.                                                                                
                                                                                                                                
     I have never  sought to speak on behalf  of victims and                                                                    
     survivors  because  each  victim  is  unique  and  it's                                                                    
     impossible to  paint them with a  broad brush. Instead,                                                                    
     my work over the past  three decades and in Alaska over                                                                    
     the past eight  months is to make sure  that the voices                                                                    
     of  victims and  those who  serve them  are heard,  and                                                                    
     respected and  reflected in public policy  that affects                                                                    
     their lives.                                                                                                               
                                                                                                                                
     I believe SB  91accomplishes this, and I  thank each of                                                                    
     you  and the  Alaska  Criminal  Justice Commission  for                                                                    
     validating the  voices of  victims and  their advocates                                                                    
     through this important bill.                                                                                               
     Thank you very much.                                                                                                       
                                                                                                                                
Co-Chair Kelly  wondered if  she supported  the commission's                                                                    
recommendations. Ms. Seymour replied in the affirmative.                                                                        
                                                                                                                                
1:18:26 PM                                                                                                                    
                                                                                                                                
KATHERINE  HANSEN,   ACTING  DIRECTOR,  OFFICE   OF  VICTIMS                                                                    
RIGHTS, ANCHORAGE (via teleconference), introduced herself.                                                                     
                                                                                                                                
Co-Chair MacKinnon  encouraged the  use of a  handset during                                                                    
the testimony.                                                                                                                  
                                                                                                                                
Ms. Hansen  continued encouraged  the committee to  keep the                                                                    
Alaska constitution  in perspective.  She remarked  that, in                                                                    
1994,  the  constitution  was amended  to  provide  specific                                                                    
rights to  crime victim, which were  overwhelmingly approved                                                                    
by voters. She  noted that a section was added  to Article 1                                                                    
of the constitution that read:                                                                                                  
                                                                                                                                
     Criminal  administration  should   be  based  upon  the                                                                    
     following:   the  need   for  protecting   the  public,                                                                    
     community condemnation  of the offender, the  rights of                                                                    
     crime victims,  restitution from the offender,  and the                                                                    
     principles of reformation.                                                                                                 
                                                                                                                                
Ms.  Hansen expressed  concern that  SB 91  focused offender                                                                    
rehabilitation,  but  not  on the  rights  of  victims.  She                                                                    
stressed that every one of  the concerns should be addressed                                                                    
in  the legislation.  She wanted  to reduce  recidivism, but                                                                    
not at the expense of crime victims.                                                                                            
                                                                                                                                
1:24:50 PM                                                                                                                    
                                                                                                                                
Ms. Hansen continued with her testimony.                                                                                        
                                                                                                                                
Co-Chair  MacKinnon  shared  that she  had  distributed  the                                                                    
document.  She  encouraged  an overarching  reason  for  the                                                                    
concern with the bill.                                                                                                          
                                                                                                                                
1:29:04 PM                                                                                                                    
                                                                                                                                
Ms. Hansen  stated that  there was  a proposed  amendment in                                                                    
Senate Judiciary  Committee which would reduce  crimes based                                                                    
on their age. She did not support that amendment.                                                                               
                                                                                                                                
^PUBLIC TESTIMONY                                                                                                             
                                                                                                                                
1:31:05 PM                                                                                                                    
                                                                                                                                
JANET KINCAID,  SELF, PALMER (via teleconference),  spoke to                                                                    
the driver's license reform, and felt  that it was a step in                                                                    
the right  direction. She felt  that permanently  revoking a                                                                    
driver's   license  limited   the   ability   to  become   a                                                                    
functioning  member of  community. She  felt that  those who                                                                    
had  struggled to  overcome their  abuse,  would benefit  by                                                                    
hope that  the driver's  license provision would  allow. She                                                                    
felt that the bill was a good step forward.                                                                                     
                                                                                                                                
Co-Chair MacKinnon appreciated the  specific comments on the                                                                    
bill.                                                                                                                           
                                                                                                                                
1:32:56 PM                                                                                                                    
                                                                                                                                
CLINTON CERDA,  SELF, PALMER (via teleconference),  spoke in                                                                    
support of the change in  the driver's license provision. He                                                                    
shared that he had been without  a license for two years. He                                                                    
stressed  that the  new language  did not  reflect the  past                                                                    
offenses.  He hoped  that the  bill would  allow for  him to                                                                    
obtain a license  again. He stressed that he wanted  to be a                                                                    
contributing member of society.                                                                                                 
                                                                                                                                
1:34:46 PM                                                                                                                    
                                                                                                                                
MARTY KINCAID,  SELF, PALMER (via teleconference),  spoke to                                                                    
the driver's license provisions in  the bill. She would like                                                                    
to  change   the  language  to  return   licenses  for  past                                                                    
offenders. She  echoed Mr.  Cerda's comments.  She explained                                                                    
that  families were  at extreme  risk  for homelessness  and                                                                    
poverty,  without  the  hope of  reinstatement  of  driver's                                                                    
license. She  remarked that treatment was  often unavailable                                                                    
for many of the offenders.                                                                                                      
                                                                                                                                
Co-Chair  MacKinnon queried  the accuracy,  and wondered  if                                                                    
the bill only reflected future.                                                                                                 
                                                                                                                                
JORDAN SCHILLING, STAFF, SENATOR  JOHN COGHILL, replied that                                                                    
provision was retroactive.                                                                                                      
                                                                                                                                
1:37:49 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon stressed that there  is a path forward in                                                                    
the bill.                                                                                                                       
                                                                                                                                
1:38:27 PM                                                                                                                    
                                                                                                                                
TONY PIPER,  ASAP PROGRAM MANAGER, DEPARTMENT  OF HEALTH AND                                                                    
SOCIAL  SERVICES,  ANCHORAGE  (via  teleconference),  shared                                                                    
that he was only available for questions.                                                                                       
                                                                                                                                
1:38:37 PM                                                                                                                    
                                                                                                                                
RONALD   MICHAEL    ALLEN   JR.,   SELF,    FAIRBANKS   (via                                                                    
teleconference), spoke  in support  of the  driver's license                                                                    
provision.  He stated that he  was a member of the Fairbanks                                                                    
Wellness Court.                                                                                                                 
                                                                                                                                
1:40:10 PM                                                                                                                    
                                                                                                                                
CASEY ST. ROSE, FAIRBANKS  REENTRY COALITION, FAIRBANKS (via                                                                    
teleconference), spoke  to the community provider  in SB 91.                                                                    
She   stated  that   the  bill   would   provide  hope   for                                                                    
rehabilitation of offenders.                                                                                                    
                                                                                                                                
1:41:43 PM                                                                                                                    
                                                                                                                                
CARA   DURR,   FOOD   BANK   OF   ALASKA,   ANCHORAGE   (via                                                                    
teleconference),  felt  that  the bill  provided  provisions                                                                    
that encouraged positive change.  She expressed concern over                                                                    
Section  197. She  remarked that  Department  of Health  and                                                                    
Social Services (DHSS)  would see an increase  in costs. She                                                                    
stressed  that   the  provision  would   require  additional                                                                    
funding. She remarked that states  with similar programs had                                                                    
more costs than savings.                                                                                                        
                                                                                                                                
1:43:52 PM                                                                                                                    
                                                                                                                                
NIKKI  HINES,   COORDINATOR,  FAIRBANKS   PRISONER  RE-ENTRY                                                                    
PROGRAM,  FAIRBANKS   (via  teleconference),   testified  in                                                                    
support of  job training provisions. She  stressed that most                                                                    
released prisoners  wanted the  opportunity to  succeed. She                                                                    
felt that SB 91 provided supportive services upon release.                                                                      
                                                                                                                                
1:45:17 PM                                                                                                                    
                                                                                                                                
BUTCH MOORE, SELF, ANCHORAGE  (via teleconference), spoke to                                                                    
three items. He referred  to his submitted written testimony                                                                    
(copy on file):                                                                                                                 
                                                                                                                                
     1. Murder-Increase the minimum mandatory sentences for                                                                     
     murder, by adding; 15 years to each minimum sentence                                                                       
     and no  parole, (So  that it  is equal  to/exceeds Rape                                                                    
     sentencing)                                                                                                                
                                                                                                                                
     2. ID-Surrender of  Driver's License/ID and replacement                                                                    
     with  "ALCOHOL  RESTRICTED"  Driver's  License/ID  when                                                                    
     parole/probation/sentencing    carries    an    alcohol                                                                    
     restriction.                                                                                                               
                                                                                                                                
     3. The  Pre-Trial time exceeding  120 days will  not be                                                                    
     credited  towards the  defendant's  sentenced time,  if                                                                    
     trial is continued at no fault of the State of Alaska.                                                                     
                                                                                                                                
     Here is  why: On  6/26/14, my daughter,  Breanna Moore,                                                                    
     age 20, was  murdered by Joshua Almeda  who pled guilty                                                                    
     to Second Degree Murder for  killing Bree, at his home,                                                                    
     with a  handgun, while drunk. Almeda,  almost two years                                                                    
     later  has  still  not been  sentenced.  At  the  time,                                                                    
     Almeda  was on  parole (with  a restriction  on alcohol                                                                    
     and  firearms).  Almeda  was not  required  by  law  to                                                                    
     surrender his license,  so he went into  a liquor store                                                                    
     and bought alcohol, got drunk,  used his gun, (that his                                                                    
     mother knew  he had in  her home) and shot  my daughter                                                                    
     Bree in  the head.  Now that Josh  has admitted  to and                                                                    
     has been convicted of murder,  he can receive a minimum                                                                    
     sentence of only 10 years.  Also, he can be released on                                                                    
     parole after only 1/3 of  the sentenced time. If he had                                                                    
     only raped Breanna, while  possessing the same handgun,                                                                    
     and she was alive today,  the minimum sentence would be                                                                    
     25 to  35 years,  (This time must  be served  in Jail).                                                                    
     (See the Alaska Statutes  highlighted below, as well as                                                                    
     full version attached).                                                                                                    
                                                                                                                                
    1-Mandatory Murder Minimum (Amendment 3/23/16 1.7)                                                                          
     Current  Law AS  12.55.125.  Sentences of  Imprisonment                                                                    
     For Felonies.                                                                                                              
     (a)  A  defendant  convicted of  murder  in  the  first                                                                    
     degree or murder of an  unborn child under AS 11.41.150                                                                    
     (a)(1)  shall  be  sentenced  to  a  definite  term  of                                                                    
     imprisonment of at least 20  years but not more than 99                                                                    
     years.                                                                                                                     
     (b) A  defendant convicted of  attempted murder  in the                                                                    
     first  degree, solicitation  to  commit  murder in  the                                                                    
     first degree, conspiracy to commit  murder in the first                                                                    
     degree,   kidnapping,   or   misconduct   involving   a                                                                    
     controlled  substance  in  the first  degree  shall  be                                                                    
     sentenced  to a  definite  term of  imprisonment of  at                                                                    
     least  five  years  but  not  more  than  99  years.  A                                                                    
     defendant  convicted of  murder  in  the second  degree                                                                    
     shall be  sentenced to a definite  term of imprisonment                                                                    
     of at least  10 years (i) A defendant  convicted of (1)                                                                    
     sexual assault in  the first degree, sexual  abuse of a                                                                    
     minor in  the first  degree, or  promoting prostitution                                                                    
     in the  first degree under  AS 11.66.110 (a)(2)  may be                                                                    
     sentenced  to a  definite term  of imprisonment  of not                                                                    
     more  than  99  years  and  shall  be  sentenced  to  a                                                                    
     definite term within  the following presumptive ranges,                                                                    
     subject  to adjustment  as provided  in AS  12.55.155 -                                                                    
     12.55.175:                                                                                                                 
     (A) if  the offense is  a first felony  conviction, the                                                                    
     offense  does not  involve  circumstances described  in                                                                    
     (B)  of this  paragraph, and  the victim  was (i)  less                                                                    
     than 13 years of age, 25 to 35                                                                                             
     years; (ii) 13  years of age or older, 20  to 30 years;                                                                    
     (B) if  the offense  is a  first felony  conviction and                                                                    
     the  defendant possessed  a firearm,  used a  dangerous                                                                    
     instrument,  or caused  serious physical  injury during                                                                    
     the commission of  the offense, 25 to  35 years; (Under                                                                    
     AS 33.16.090  and AS 33.20.010 there  is No Eligibility                                                                    
     For  Discretionary Parole  or  No  Computation of  Good                                                                    
     Time for early release.)                                                                                                   
     (Please  change  the  minimum mandatory  sentences  for                                                                    
     murder, by  adding; 20 years to  each minimum sentence,                                                                    
     (30 and 40 years), and  require the minimum time served                                                                    
     in  prison  to have  the  same  restrictions as  for  a                                                                    
     sexual  felony, on  Discretionary Parole,  and of  Good                                                                    
     Time. This  would be adding  murder to;  (AS 33.16.090)                                                                    
     No  Eligibility  For   Discretionary  Parole,  and  (AS                                                                    
     33.20.010) No Computation of Good Time.)                                                                                   
     2-ID (This may be a new amendment?)                                                                                        
     Please  add:  If  an alcohol  restriction  is  part  of                                                                    
     parole/probation/DUI/sentence,  etc., the  Surrender of                                                                    
     Drivers  License/ID   and  replacement   with  "ALCOHOL                                                                    
     RESTRICTED" Drivers License/ID  for the offender should                                                                    
     be    required.    There    is   no    law    requiring                                                                    
     surrender/replacement  of ID's  that  carry an  alcohol                                                                    
     restriction. (Bree would be alive  if Josh had not been                                                                    
     drinking.)                                                                                                                 
     3-  Time  exceeding  120  days  will  not  be  credited                                                                    
     towards the defendant's sentence time.                                                                                     
     (Amendment 3/22/16 1.7)                                                                                                    
     Proposed amendment  for SB91. As the  prison population                                                                    
     in  Alaska has  increased  27 percent  in  the last  10                                                                    
     years and  93 percent of  that is Pre-Trial,  I propose                                                                    
     we  SAVE THE  MOST  MONEY BY  addressing the  Pre-Trial                                                                    
     population expansion  with the following;  These rules,                                                                    
     in part,  already exist. See the  attached ALASKA COURT                                                                    
     RULES, page  72, Rule  45: Speedy  Trial, which  I have                                                                    
     highlighted.                                                                                                               
     Rule  45. Speedy  Trial. (a)  Priorities in  Scheduling                                                                    
     Criminal  Cases. The  court shall  provide for  placing                                                                    
     criminal   proceedings   upon  appropriate   calendars.                                                                    
     Preference shall  be given to criminal  proceedings and                                                                    
     the  trial  of defendants  in  custody  shall be  given                                                                    
     preference over  other criminal cases. The  court shall                                                                    
     consider the circumstances  of the victim, particularly                                                                    
     a victim of  advanced age or extreme  youth, in setting                                                                    
     the trial  date. Trial dates  in criminal cases  in the                                                                    
     superior   court  shall   be   set  at   the  time   of                                                                    
     arraignment,  and   if  a  trial  date   is  thereafter                                                                    
     vacated, the trial shall be  immediately set for a date                                                                    
     certain.  (b) Speedy  Trial  Time  Limits. A  defendant                                                                    
     charged with  a felony,  a misdemeanor, or  a violation                                                                    
     shall be tried within 120  days from the time set forth                                                                    
     in paragraph (c) of this rule.                                                                                             
     Please  add:   If  by  actions   of  the   defendant  /                                                                    
     defendant's  attorney,  the  trial  date  is  continued                                                                    
     beyond  the  120  days, the  time  exceeding  120  days                                                                    
     served in  pre-trial will not  be credited  towards the                                                                    
     defendant's  sentence  time.   Further,  any  cost  to;                                                                    
     house, feed,  monitor, maintain,  etc. for the  time in                                                                    
     excess  of  the 120  days,  will  be  paid for  by  the                                                                    
     defendant,  at  current  costs.  (To  avoid  a  massive                                                                    
     amount  of cases  that are  currently in  pretrial now,                                                                    
     there may  be a "Phase  In" for those currently  in the                                                                    
     system. The  effective date for new  offenders could be                                                                    
     1/1/2017. Current  cases that  do not have  trial dates                                                                    
     set,  less than  2  years from  arraignment date  could                                                                    
     have 240 days  (Double) from the effective  date of the                                                                    
     change and  any current  cases that  do not  have trial                                                                    
     dates  set, that  are past  two years  from arraignment                                                                    
     date could have 120 days.                                                                                                  
     Benefits  are  higher  cost   savings  than  all  other                                                                    
     proposed legislation  in SB91, with  defendants wanting                                                                    
     a speedy trial, resulting in;                                                                                              
     · Less costs to house/monitor pre-trial prisoners                                                                          
     · Less costs to trial  courts, as defendants will agree                                                                    
     to "plea deals"  if they no longer have  the ability to                                                                    
     drag it out for years                                                                                                      
     · Less  manipulation of the criminal  justice system by                                                                    
     the defense attorneys.                                                                                                     
     · Quicker justice for victims                                                                                              
     The only loss  is to the defense attorneys  who will no                                                                    
     longer be  able to drag out/continue  trials and charge                                                                    
     defendants and  their families attorney fees  over many                                                                    
     years.                                                                                                                     
     The  Criminal  Justice  Working Group  thru  the  Court                                                                    
     System ran a report on the  average of days that a case                                                                    
     stays  open, prior  to trial/sentence.  It's HUGE!  And                                                                    
     the State  of Alaska  is paying  for it,  while Defense                                                                    
     Attorneys  are  getting   "RICH"  by  postponing  trial                                                                    
     dates,  while Alaska  pays  the  bill to  house/monitor                                                                    
     defendants  whose  only chance  of  getting  off is  to                                                                    
     "Postpone/Continue"  their  trial.  This in  the  hopes                                                                    
     that  witness's,  law  enforcement  and  other  persons                                                                    
     vital to their conviction  will: quit, die, retire, get                                                                    
     fired, transfer,  move or just  plain forget  the facts                                                                    
     to  convict  them. This  is  their  only defense...  TO                                                                    
     STALL at the cost of the state and victims.                                                                                
                                                                                                                                
1:50:52 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  stated that Senate Judiciary  added five                                                                    
years  to the  sentence. The  sentence is  now 25  years for                                                                    
Murder 1 and 15 years for Murder 2.                                                                                             
                                                                                                                                
1:51:25 PM                                                                                                                    
                                                                                                                                
REESE  BURKE, SELF,  FAIRBANKS  (via teleconference),  noted                                                                    
that  the bill  would save  the state  $400 million  over 10                                                                    
years.  He  also remarked  that  the  fee to  reinstate  the                                                                    
driver's license would  put more money back  into the state.                                                                    
He remarked  that the driver's  license provision  would add                                                                    
money to the  entire automobile industry. He  shared that he                                                                    
did not have  an Alaska driver's license.  He announced that                                                                    
he was over 1000 days sober. He spoke in support of SB 91.                                                                      
                                                                                                                                
1:53:45 PM                                                                                                                    
                                                                                                                                
EDWARD SMAGGE, SELF,  FAIRBANKS (via teleconference), stated                                                                    
that  he was  a wellness  court  graduate, and  he had  been                                                                    
sober  for almost  two  years. He  shared  that many  people                                                                    
struggled  to  get their  licenses  back,  and he  spoke  in                                                                    
support of  the provisions related to  driver's licenses. He                                                                    
stressed that  it was  difficult to obtain  a job  without a                                                                    
driver's license. He  stated that he was willing  to pay for                                                                    
an interlock device for his entire  life in order to drive a                                                                    
car. He  shared that  he was  currently sitting  at Safeway,                                                                    
and he was  observing people driving. He  understood that he                                                                    
had  made a  mistake,  but wanted  to be  able  to drive  to                                                                    
improve his  quality of  life. He  stressed that  his family                                                                    
was the most  important thing in his life.  He remarked that                                                                    
he was limited  in his job opportunities  without a driver's                                                                    
license.  He   expressed  appreciation  for   the  Fairbanks                                                                    
Wellness Court.                                                                                                                 
                                                                                                                                
Co-Chair   MacKinnon  congratulated   Mr.   Smagge  on   his                                                                    
sobriety.                                                                                                                       
                                                                                                                                
1:57:44 PM                                                                                                                    
                                                                                                                                
MICHAEL   JEFFERY,   SELF,  BARROW   (via   teleconference),                                                                    
testified in support  of the legislation. He  stated that he                                                                    
had   retired  from   the   criminal   justice  system.   He                                                                    
highlighted the prisoner assessment.                                                                                            
                                                                                                                                
2:00:23 PM                                                                                                                    
                                                                                                                                
GRAHAM SMITH, SOUTHEAST  MONITORING AND COMPLIANCE SERVICES,                                                                    
JUNEAU, encouraged  the state to use  existing providers and                                                                    
services in  the communities. He  remarked that  the private                                                                    
industry was flexible and cheaper  than the state employees.                                                                    
He felt that the service  would provide identical results to                                                                    
ensure that  people were compliant  with their  court orders                                                                    
and the  conditions of their  release. He shared  that there                                                                    
was monitoring in custody cases.  He remarked that there was                                                                    
a notification service on the phones.                                                                                           
                                                                                                                                
Co-Chair  MacKinnon  shared  that   the  language  had  been                                                                    
changed  in the  Senate Judiciary  Committee was  amended to                                                                    
allow  for contracted  pretrial  electronic monitoring.  Mr.                                                                    
Smith felt that the language was an add-on.                                                                                     
                                                                                                                                
2:04:07 PM                                                                                                                    
                                                                                                                                
SARRA  KHLIFI, ALASKA  FOOD COALITION,  JUNEAU, shared  that                                                                    
the  bill provided  concrete steps  to access  to treatment.                                                                    
She  voiced concern  about mandatory  drug  testing for  all                                                                    
drug felons to receive  public assistance. She stressed that                                                                    
the  other state's  drug testing  programs proved  extremely                                                                    
costly.                                                                                                                         
                                                                                                                                
Senator Bishop  requested a copy  of her  written testimony.                                                                    
Ms. Klifi agreed to provide that information.                                                                                   
                                                                                                                                
Vice-Chair Micciche  stressed that there was  an expectation                                                                    
of personal  responsibility and performance. He  queried the                                                                    
connection for  the food banks interest  in the legislation.                                                                    
Ms. Klifi  replied that the  food banks wanted people  to be                                                                    
self-sufficient,  and  productive  members of  society.  She                                                                    
wanted felons to be able  to buy their own groceries, rather                                                                    
than use the food banks.                                                                                                        
                                                                                                                                
2:09:56 PM                                                                                                                    
                                                                                                                                
KARA  NELSON, DIRECTOR,  HAVEN HOUSE,  JUNEAU, spoke  on the                                                                    
reinvestment  piece.  She  shared   that  she  was  formerly                                                                    
incarcerated and  recovering from  drug addiction.  She read                                                                    
from a prepared statement.                                                                                                      
                                                                                                                                
Vice-Chair Micciche congratulated Ms.  Nelson on turning her                                                                    
life around in the face of adversity.                                                                                           
                                                                                                                                
2:13:35 PM                                                                                                                    
                                                                                                                                
MICHELLE  FEDERICO, SELF,  JUNEAU, spoke  in support  of the                                                                    
legislation.                                                                                                                    
                                                                                                                                
2:15:59 PM                                                                                                                    
                                                                                                                                
CHRIS  NETTELS, MEMBER,  NATIONAL FEDERATION  OF INDEPENDENT                                                                    
BUSINESSES,  ANCHORAGE (via  teleconference), spoke  against                                                                    
the increase in  the felony threshold to  $2500. He remarked                                                                    
that there  was an increase  in small crimes near  his home.                                                                    
He  remarked  that  his business  had  suffered  theft,  and                                                                    
shared that many of his  employees found that their cars had                                                                    
been broken into with items  stolen. He stressed that he was                                                                    
already looking to  protecting his business with  a fence or                                                                    
other measures.  He stressed that,  because of  the economic                                                                    
situation in  the state, there  was an added  competition to                                                                    
the current market.                                                                                                             
                                                                                                                                
2:19:00 PM                                                                                                                    
                                                                                                                                
MARNA  SANFORD,  TANANA  CHIEFS CONFERENCE,  FAIRBANKS  (via                                                                    
teleconference),  testified in  support of  the legislation.                                                                    
She shared  that she was  a former public defender,  and she                                                                    
thanked the  sponsor's staff to  their receptiveness  to the                                                                    
victims'  rights  advocates. She  spoke  in  support of  the                                                                    
increase  in  the  felony theft  threshold.  She  looked  at                                                                    
Section  146, and  spoke in  support of  the provision.  She                                                                    
urged the committee  to consider Section 61,  page 35, which                                                                    
was specific to a very small class of people.                                                                                   
                                                                                                                                
2:22:29 PM                                                                                                                    
                                                                                                                                
CHRISTINA LOVE, SELF, JUNEAU  (via teleconference), spoke in                                                                    
support of  the rehabilitation provisions within  SB 91. She                                                                    
shared  that   there  were  policies  in   place  to  reduce                                                                    
recidivism,  and  felt that  the  bill  would transform  the                                                                    
system. She                                                                                                                     
                                                                                                                                
2:26:46 PM                                                                                                                    
                                                                                                                                
VICKI  WALLNER, FOUNDER,  STOP VALLEY  THIEVES, PALMER  (via                                                                    
teleconference), spoke  in support of some  various portions                                                                    
of  the  bill. She,  however,  felt  that the  bill  greatly                                                                    
favored the offender.  She felt that the  research was based                                                                    
on  a preset  outcome. She  remarked that  the presentations                                                                    
showed only support of the  legislation from the commission.                                                                    
She felt  that the information presented  was in oppositions                                                                    
to  her  organization's  personal observations.  She  shared                                                                    
that she had prepared a PowerPoint.                                                                                             
                                                                                                                                
Vice-Chair  Micciche  queried  any  specific  concepts.  Ms.                                                                    
Wallner replied  that the  savings portion  seemed inflated.                                                                    
She felt  that the  savings portion  included an  $8 million                                                                    
reduction that  was already  in DOC that  did not  relate to                                                                    
the bill. She felt the  implementation costs would be higher                                                                    
than  the report.  She  remarked that  there  would also  be                                                                    
continuing  costs  that were  not  taken  into account  when                                                                    
considering savings.                                                                                                            
                                                                                                                                
Vice-Chair  Micciche  queried  the  position  on  the  theft                                                                    
threshold increase. Ms. Wallner  replied the property crimes                                                                    
were  examined of  the depreciated  value  of the  property,                                                                    
with no accounting for replacement costs.                                                                                       
                                                                                                                                
2:33:41 PM                                                                                                                    
                                                                                                                                
JAYCE   ROBERTSON,   SELF,   KENAI   (via   teleconference),                                                                    
expressed  support  for SB  91.  He  shared  that he  was  a                                                                    
rehabilitated DUI offender,  but he had been  sober for five                                                                    
years. He remarked that he  was continually held back by the                                                                    
inability  to obtain  a  driver's  license. He  specifically                                                                    
spoke in support  of granted limited licenses  to felony DUI                                                                    
offenders.  He  felt that  DOC  had  a  façade of  focus  on                                                                    
rehabilitation, but spoke to his  personal experience in the                                                                    
corrections  system. He  felt that  the cost  of housing  an                                                                    
offender  was greater  than the  cost of  rehabilitation. He                                                                    
stated that he had raised $400  to travel to Juneau to speak                                                                    
to legislators on the bill.                                                                                                     
                                                                                                                                
2:36:32 PM                                                                                                                    
                                                                                                                                
VERONICA PARKS,  HAVEN HOUSE,  JUNEAU, testified  in support                                                                    
of the bill.  She shared that she was convicted  of two drug                                                                    
felonies  in   2012.  She  shared  that   she  was  recently                                                                    
released,  and that  the Reentry  Coalition  had helped  her                                                                    
become a productive member of society.                                                                                          
                                                                                                                                
2:38:08 PM                                                                                                                    
                                                                                                                                
ZACHARY  FINKEL,   SELF,  FAIRBANKS   (via  teleconference),                                                                    
stated that he was a  felony DUI offender, and was currently                                                                    
in the  wellness court program.  He spoke in support  of the                                                                    
driver's license provision in the bill.                                                                                         
                                                                                                                                
Co-Chair MacKinnon CLOSED public testimony.                                                                                     
                                                                                                                                
2:40:13 PM                                                                                                                    
                                                                                                                                
Co-Chair MacKinnon  encouraged the  committee to  review the                                                                    
conversation  from  the  day's   hearing.  She  stated  that                                                                    
amendments were due  at 5pm. She shared  the following day's                                                                    
agenda.                                                                                                                         
                                                                                                                                
SB  91  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
ADJOURNMENT                                                                                                                   
2:42:07 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 2:42 p.m.                                                                                          

Document Name Date/Time Subjects
SB 91 Public Testimony Support Copeland.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Support Barker.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Opposition Dorn.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Support Harasack.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Support Fried.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Support Finkel.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Support Knutzen.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Support Pekich.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Pubic Testimony Support Stilson.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Pubic Testimony Support Fleming.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Moore.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Seymour Senate Fin Cmte Testimony 4 01 16.pdf SFIN 4/1/2016 1:00:00 PM
SB 91
SB 91 Public Testimony Support Sorensen.pdf SFIN 4/1/2016 1:00:00 PM
SB 91