Legislature(2015 - 2016)
04/07/2016 10:14 AM Senate FIN
| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE FINANCE COMMITTEE
April 7, 2016
10:14 a.m.
10:14:37 AM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 10:14 a.m.
MEMBERS PRESENT
Senator Anna MacKinnon, Co-Chair
Senator Peter Micciche, Vice-Chair
Senator Click Bishop
Senator Mike Dunleavy
MEMBERS ABSENT
Senator Pete Kelly, Co-Chair
Senator Lyman Hoffman
Senator Donny Olson
ALSO PRESENT
Erin Shine, Staff, Senator Anna MacKinnon; Jordan Shilling,
Staff, Senator John Coghill; Dean Williams, Commissioner,
Department of Corrections; Quinlan Steiner, Director,
Public Defender Agency, Department of Administration;
Lauree Morton, Executive Director, Council on Domestic
Violence and Sexual Assault, Department of Public Safety;
Nancy Meade, General Counsel, Alaska Court System; Brenda
Stanfill, Commissioner, Alaska Criminal Justice Commission;
Diane Casto, Policy Advisor, Behavioral Health, Department
of Health and Social Services.
PRESENT VIA TELECONFERENCE
John Skidmore, Director, Criminal Division, Department of
Law, Anchorage; Tony Piper, ASAP Project Manager, Division
of Behavioral Health; Sean O'Brien, Director, Division
Director, Public Assistance, Department of Administration;
Jeff Edwards, Executive Director, Parole Board; Randall
Burns, Emergency Services Specialist, Division of
Behavioral Health, Department of Health and Social
Services.
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."
10:16:08 AM
Vice-Chair Micciche MOVED to ADOPT the committee substitute
for SB 91, Work Draft, 29-LS0541\Y (Martin/Gardner,
4/6/16).
Co-Chair MacKinnon OBJECTED for DISCUSSION.
ERIN SHINE, STAFF, SENATOR ANNA MACKINNON, explained the
changes in the committee substitute. She looked at page 22
of the work draft.
Co-Chair MacKinnon paused the committee, so they could turn
to the page.
Ms. Shine looked at Section 39, which incorporated F.1,
which was accepted in the amendment process. Section 39
addressed the arrest statutes. She looked at page 47, line
28, Section 75, which corrected a mistake changing "one to
four" to "one to three." She looked at page 72, line 31,
which corrected "assault statutes" to "sexual assault
statutes." She looked at page 90, which inserted a new
section with new language. She shared that Section 144,
lines 23 through 30 was language to allow for 50 percent of
the marijuana tax to be diverted for recidivism reduction
programs. She shared that prior legislation SB 64, the
Recidivism Reduction Fund was established for the
legislature to appropriate up to 50 percent of the tax
collected from marijuana sales to be used for programs for
the Department of Corrections (DOC), Department of Health
and Social Services (DHSS), and the Department of Public
Safety (DPS).
Co-Chair MacKinnon wondered if the correction was similar
to alcohol receipts. Ms. Shine replied in the affirmative.
Ms. Shine continued to address the changes. She looked at
page 92, line 27, which was new language to the committee.
The change directed the Criminal Justice Commission to
appoint a working group to review and analyze sexual
offence statutes and report to the legislature if there
were circumstances under which victims' rights, public
safety, and rehabilitation of offenders were better served
by changing existing laws. She shared that commission
members were not required to be a part of the working
group, and there should be a variety of perspectives when
deliberating that topic. She noted that there was also a
new subsection under the duties of the Alaska Criminal
Justice Commission on page 93, line 3, which would explore
the possibility of entering mutually agreeable arrangements
with regional nonprofit organizations including tribes and
tribal organizations to provide the pretrial, probation,
and parole services needed in underserved areas of the
state.
Co-Chair MacKinnon queried further changes. Ms. Shine
replied that there were many technical and conforming
changes. She noted that there were many effective dates in
the previous version that were incorrect.
Co-Chair MacKinnon WITHDREW the OBJECTION. There being NO
OBJECTION, the proposed committee substitute was adopted.
10:21:48 AM
Co-Chair MacKinnon remarked that the fiscal note would
change significantly, because the identification of
investment funds from the proposed marijuana tax receipts
for substance abuse treatment and to help reduce
recidivism. Ms. Shine agreed.
Co-Chair MacKinnon remarked that the money would be split
as proposed in an amendment. She shared that there was work
to adjust the effective dates in order to implement
programs that allowed for substantial savings. Ms. Shine
agreed.
10:23:27 AM
JORDAN SHILLING, STAFF, SENATOR JOHN COGHILL, shared that
the committee had done good work, and shared that the
sponsor was in support of the committee's actions.
Co-Chair MacKinnon shared that she wanted to ensure that
the bill would be moved later in the day to allow for an
examination of the new version.
Co-Chair MacKinnon queried the opinion of Mr. Skidmore.
10:24:49 AM
JOHN SKIDMORE, DIRECTOR, CRIMINAL DIVISION, DEPARTMENT OF
LAW, ANCHORAGE (via teleconference), stated that he had not
thoroughly examined the new version and the effective
dates. He shared that he had reviewed the amendments, and
the Department of Law (DOL) saw no issue with those
amendments.
Co-Chair MacKinnon queried the opinion of Commissioner
Williams.
10:26:02 AM
DEAN WILLIAMS, COMMISSIONER, DEPARTMENT OF CORRECTIONS,
stated that the department was in favor of the committee
substitute.
Senator Dunleavy shared that he would like to offer a
statement.
10:26:39 AM
QUINLAN STEINER, DIRECTOR, PUBLIC DEFENDER AGENCY,
DEPARTMENT OF ADMINISTRATION, shared that he did not see
any initial "red flags", but remarked that he would
continue to review the bill before 5pm.
10:27:20 AM
LAUREE MORTON, EXECUTIVE DIRECTOR, COUNCIL ON DOMESTIC
VIOLENCE AND SEXUAL ASSAULT, DEPARTMENT OF PUBLIC SAFETY,
introduced herself. She appreciated the change to the
correct sexual assault statute, and did not see any other
items that would be cause for concern.
10:28:05 AM
NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM, stated
that the Court System remained neutral on the bill.
10:28:44 AM
BRENDA STANFILL, COMMISSIONER, ALASKA CRIMINAL JUSTICE
COMMISSION, shared that she would review it later in the
day.
10:29:32 AM
TONY PIPER, ASAP PROJECT MANAGER, DIVISION OF BEHAVIORAL
HEALTH (via teleconference), shared that he would review
the bill before the 5pm meeting.
Co-Chair MacKinnon stressed that she anticipated to move
the bill from committee, unless she heard otherwise.
10:30:07 AM
SEAN O'BRIEN, DIRECTOR, DIVISION DIRECTOR, PUBLIC
ASSISTANCE, DEPARTMENT OF ADMINISTRATION (via
teleconference), stated that, upon initial review of the
new version, he was in support of the changes.
10:30:20 AM
JEFF EDWARDS, EXECUTIVE DIRECTOR, PAROLE BOARD (via
teleconference), shared that he had not thoroughly examined
the new version, but supported and acknowledged the work of
the committee.
10:30:42 AM
RANDALL BURNS, EMERGENCY SERVICES SPECIALIST, DIVISION OF
BEHAVIORAL HEALTH, DEPARTMENT OF HEALTH AND SOCIAL SERVICES
(via teleconference), remarked that he was currently
examining the bill. He shared that he had some concerns
regarding the procurement language, but he would address
those concerns with the sponsor.
10:31:08 AM
AT EASE
10:32:38 AM
RECONVENED
10:32:47 AM
Co-Chair Kelly noted fiscal note OMB 43 zero ADM.
Vice-Chair Micciche addressed fiscal note OMB 1631 zero
ADM.
Vice-Chair Micciche pointed to fiscal note OMB 2348 number
9 zero ADM.
Vice-Chair Micciche noted fiscal note OMB 1381 fiscal
impact DOC.
Co-Chair MacKinnon noted that the numbers were reoccurring
in the population. Vice-Chair Micciche agreed.
Vice-Chair Micciche looked at fiscal note OMB 2826 DOC
zero.
Vice-Chair Micciche looked at fiscal note OMB 2974 fiscal
impact DOC.
Senator Dunleavy shared that he had conversations about the
utilization of federal money as related to the bill. He
remarked that there were often issues in the federal
government to help Alaska, in order to not duplicate
services.
Co-Chair MacKinnon remarked that the group was included in
order to see opportunities between DHSS, DOC, and DOL in
order to access some of the funds; and to provide solutions
to the challenges in incarceration.
Vice-Chair Micciche noted fiscal note OMB 2244 fiscal
impact DOC.
Vice-Chair Micciche addressed fiscal note OMB 695 fiscal
impact DOC.
Vice-Chair Micciche highlighted fiscal note OMB 3121 (not
on note) fiscal impact.
10:41:39 AM
AT EASE
10:42:04 AM
RECONVENED
10:42:07 AM
Vice-Chair Micciche noted fiscal note OMB 3121 (not on
note) fiscal impact DOC.
10:42:47 AM
AT EASE
10:43:23 AM
RECONVENED
10:43:26 AM
Vice-Chair Micciche stated that there may be some
adjustments in the FY 19 through FY 22 in the headcount.
Co-Chair MacKinnon remarked that the funds available were
in the fiscal note, but anticipated a shift in personnel.
She did not support the previous fiscal note.
Vice-Chair Micciche looked at fiscal note OMB 3099 fiscal
impact DHSS, which required a correction.
10:45:24 AM
AT EASE
10:46:18 AM
RECONVENED
DIANE CASTO, POLICY ADVISOR, BEHAVIORAL HEALTH, DEPARTMENT
OF HEALTH AND SOCIAL SERVICES, agreed that she would make
the change to the fiscal note to be 100 percent from the
Recidivism Reduction Fund.
Vice-Chair Micciche addressed the fiscal note OMB 305
fiscal impact DHSS.
Vice-Chair Micciche looked at the fiscal note 2660 fiscal
impact DHSS.
Co-Chair MacKinnon noted an error in the note.
Ms. Casto shared that the federal receipts were correct,
because they would be the federal Medicaid match.
Co-Chair MacKinnon wondered if the first would be from the
federal government.
Vice-Chair Micciche shared that the first 75 would come
from the federal receipts; and the match was from the
Recidivism Reduction Funds.
Co-Chair MacKinnon stressed that the GF would be used from
the fund to reduce recidivism. She wanted the fiscal notes
to reflect that detail.
Vice-Chair Micciche looked at fiscal note OMB 2134 zero
impact note DHSS.
Vice-Chair Micciche addressed fiscal note OMB 2202 zero
impact note DOC.
10:51:07 AM
Vice-Chair Micciche looked at fiscal note OMB 2325 zero
impact note DPS.
Vice-Chair Micciche addressed fiscal note OMB 521 fiscal
impact DPS.
Vice-Chair Micciche highlighted fiscal note OMB 768 zero
impact note AJS.
Vice-Chair Micciche looked at fiscal note OMB 771 fiscal
impact note AJS.
Co-Chair MacKinnon shared that there was a spreadsheet
(copy on file) that calculated the impact of all the fiscal
notes interacted with the total spending for the state.
Vice-Chair Micciche looked at each detail of the
spreadsheet.
Senator Dunleavy looked at FN 521, and someone could speak
to the listed programs.
Co-Chair MacKinnon shared that the bill would not be able
to move from committee in the current day. She wondered
whether the conversation could take place off the record.
Senator Dunleavy stated that his staff would research the
programs.
Co-Chair MacKinnon encouraged Ms. Morton to converse with
Senator Dunleavy's staff about his concerns.
Senator Dunleavy wondered why the programs should be
adopted.
10:56:42 AM
Vice-Chair Micciche did not discuss the fund sources, and
noted the capital appropriations.
Co-Chair MacKinnon encouraged the departments to reexamine
the fiscal notes. She also stated that one of the fiscal
notes should contain the updated capital request.
SB 91 was HEARD and HELD in committee for further
consideration.
ADJOURNMENT
10:59:11 AM
The meeting was adjourned at 10:59 a.m.
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