Legislature(2017 - 2018)SENATE FINANCE 532
04/19/2018 01:30 PM Senate FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| Public Testimony | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 127 | TELECONFERENCED | |
| + | TELECONFERENCED |
SENATE FINANCE COMMITTEE
April 19, 2018
1:34 p.m.
1:34:54 PM
CALL TO ORDER
Co-Chair MacKinnon called the Senate Finance Committee
meeting to order at 1:34 p.m.
MEMBERS PRESENT
Senator Lyman Hoffman, Co-Chair
Senator Anna MacKinnon, Co-Chair
Senator Click Bishop, Vice-Chair
Senator Peter Micciche
Senator Donny Olson
Senator Gary Stevens
Senator Natasha von Imhof
MEMBERS ABSENT
None
ALSO PRESENT
Talia Eames, Tlingit and Haida, Juneau; Kara Nelson, Haven
House Juneau, Juneau; Casey DenAdel, Recovery Coach,
Juneau; Michael Vanlinden, Self, Juneau; Linda Watts, Self,
Juneau; Chloe Abbott, Self, Juneau; Don Habegar, Community
Coordinator, Juneau Reentry Coalition, Juneau; William
Musser, Self, Juneau; Representative Dan Saddler;
Representative Justin Parrish; Senator Tom Begich; Senator
Mike Shower; Representative Lora Reinbold; Chris Nelson,
Self, Juneau; Representative Mia Costello, Sponsor.
PRESENT VIA TELECONFERENCE
Cris Eichenlaub, Self, Eagle River; Julie Kitka, President,
Alaska Federation of Natives, Anchorage; Nikki Rose, Self,
Anchorage; Gregory Razo, Alaska Federation of Natives,
Anchorage; Johnny Murdock, Self, Wasilla; Lisa Ameen, Self,
MatSu LIO; Greg Wulrschick, Alaska Tire World, Anchorage;
Shawn Williams, Self, Anchorage; Steve Williams, Alaska
Mental Health Trust, Anchorage; Brenda Stanfill, Interior
of Alaska for Non-Violent Living, Fairbanks; Bonnie Lilly,
Self, Anchorage; Michael Jeffery, Self, Canada; Kristin
Bush, Self, Eagle River; Marsha Oss, Fairbanks Reentry Case
Manager, Fairbanks; Bradley Miller, Self, Eagle River;
Natasha Singh, Tanana Chiefs Conference, Fairbanks; Shenah
Ray, Self, Anchorage; Hunter Matthews, Self, Anchorage;
Mike Volz, Self, Anchorage; Lynette Clark, Chairman,
Alaskan Independence Party, Fox; Stacy Johnson, Self,
Anchorage; Jeff Landfield, Self, Anchorage; Sherry Miller,
Self, Eagle River; Zach Pearson, PCHS, Kenai; Billy
Charles, Self, Emmonak; Kate Halford, Self, Anchorage;
Kathleen McLaughlin, Partners Reentry Center, Anchorage;
Audrey Cucullu, Reentry Coordinator, Kenai Peninsula
Reentry Coalition, Kenai; Tammy Wells, Self, Anchorage;
Kathleen Shoop, Self, Palmer; Cynthia Strout, Self,
Anchorage; Robert Gawrys, Self, Eagle River; Angela Camos,
Self, Wasilla; Ken Federico, Self, Wasilla; Damita
Duplantis, Self, Anchorage; Lars Gleitsmann, Self,
Anchorage; Herman Morgan, Self, Aniak; Georgia Kustura,
Self, Chugiak; Melissa Saunders, Self, Anchorage; Laura
Wagner, Self, Anchorage; Darren Asplend, Self, Anchorage;
Mark Martens, Self, Anchorage; Edith Grunwald, Self,
Palmer; Michael Rose, Self, Anchorage; Nimi Tolva, Self,
Homer; Vicki Wallner, Self, Palmer.
SUMMARY
SB 127 CRIMINAL LAW;PAROLE;PROBATION;SENTENCING
SB 127 was HEARD and HELD in committee for
further consideration.
SENATE BILL NO. 127
"An Act relating to criminal law and procedure;
relating to controlled substances; relating to victims
of criminal offenses; relating to probation; relating
to sentencing; relating to treatment program credit
for time spent toward service of a sentence of
imprisonment; relating to the Violent Crimes
Compensation Board; relating to permanent fund
dividends; relating to electronic monitoring; relating
to penalties for violating municipal ordinances;
relating to parole; relating to community work
service; relating to revocation, termination,
suspension, cancellation, or restoration of a driver's
license; relating to the duties of the commissioner of
corrections; relating to the duties of the Department
of Health and Social Services; relating to civil in
rem forfeiture actions; providing for an effective
date by repealing sec. 193, ch. 36, SLA 2016, sec. 79,
ch. 1, 4SSLA 2017, sec. 81, ch. 1, 4SSLA 2017, and
sec. 83, ch. 1, 4SSLA 2017; and providing for an
effective date."
^PUBLIC TESTIMONY
1:35:25 PM
Co-Chair MacKinnon read the title of SB 127. She advised
that public testimony was limited to two minutes. She
informed that the committee would proceed according to the
order in which testifiers had arrived. She asked people to
identify specific regions of the state when referencing
crime in public testimony.
Co-Chair MacKinnon OPENED public testimony.
1:37:40 PM
CRIS EICHENLAUB, SELF, EAGLE RIVER (via teleconference),
testified in support of the bill. He was concerned about
residents taking the law into their own hands. He asserted
that jails were full of drugs and thought there should be
zero tolerance, including for tobacco products. He
discussed sentencing. He discussed serious crimes such as
vehicle theft. He thought public safety should be a
priority and that laws should be for the maximum benefit of
the people. He quoted Ben Carson. He referenced SB 91
[criminal justice reform legislation passed in 2016].
1:40:29 PM
JULIE KITKA, PRESIDENT, ALASKA FEDERATION OF NATIVES,
ANCHORAGE (via teleconference), spoke in opposition to the
bill. She opposed rolling back provisions of recent
criminal justice reform. She agreed that public safety
should be a priority but emphasized that resources were
needed (such as substance abuse treatment) to break the
cycle of recidivism. She thought SB 91 should have a chance
to be fully implemented. She supported the prescription
drug database. She had empathy for people that were victims
of crimes but did not want to roll back criminal justice
reform.
1:42:32 PM
NIKKI ROSE, SELF, ANCHORAGE (via teleconference), testified
in support of the bill. She was part of a community patrol
in the Sand Lake area. She considered that passage of SB 91
had provided an incentive for criminals. She was concerned
with escalating crime. She thought the Anchorage Police
Department (APD) was overwhelmed. She mentioned homicides
in the Anchorage area, as well as drug-related crimes. She
appreciated that her representative was active in the
process. She stated there was increased drug trafficking in
her area.
1:45:21 PM
GREGORY RAZO, ALASKA FEDERATION OF NATIVES, ANCHORAGE (via
teleconference), spoke in opposition to the bill. He lived
in College Village, and had lived in Peters Creek. He was a
victim of crime. He had personal items stolen from his
front yard. He had met with the state's congressional
delegation and discussed the pervasive public safety
problem in Alaska. He asserted that there was an unchecked
public safety and drug problem in the state, and thought
they were primarily the responsibility of the state. He
discussed lack of law enforcement presence and
responsiveness in villages. He believed cuts to public
safety and municipalities and neglect of the opioid problem
(lack of treatment, education and prevention) had led to
the rise in addiction and crime. He was a member of the
Alaska Criminal Justice Commission. He emphasized that the
commission's recommendations were not the cause of the
increase in crime and had been based on sound science and
public policy.
1:48:23 PM
TALIA EAMES, TLINGIT AND HAIDA, JUNEAU, spoke in opposition
to the bill. The tribe did not support the legislation. She
noted that Alaska Natives were disproportionately
represented in the criminal justice system. She discussed
the high recidivism rate in the state. She mentioned the
concept of compassionate accountability. She asserted that
a full repeal of SB 91 would eliminate programs that would
improve public safety. She felt that SB 91 was designed to
invest in programs that addressed the root causes of crime
and incarceration. She did not think it was possible to
incarcerate away disabilities. She thought that new laws
needed a chance to work. She thought a full repeal of SB 91
would have unintended consequences.
1:51:11 PM
KARA NELSON, HAVEN HOUSE JUNEAU, JUNEAU, spoke in
opposition to the bill. She relayed that she worked with
incarcerated and post-incarceration individuals. She
thought that the fears of victims of crime had been
exploited. She was the victim of crime as well as a person
that had committed crimes in the state. She asserted that
felons and other Alaskans that had committed crimes
deserved the same chances as others. She mentioned
incarceration in correlation with substance abuse and
mental health disorders. She asked the committee to
consider all Alaskans.
1:54:40 PM
JOHNNY MURDOCK, SELF, WASILLA (via teleconference),
testified in opposition to the bill. He had been in
opposition to SB 91, which he considered to be poorly
conceived. He did not think that there had been sufficient
input from stakeholders. He thought SB 127 had good
provisions but thought it was not developed by groups that
were representative of people in Alaska. He thought there
had been good parts to SB 91 and SB 127 but thought both
bills did not systematically address the needs of Alaskans.
He had two home security systems. He urged the Senate to
consider a diverse group to represent multiple viewpoints
on the issue. He did not think the bill was balanced.
1:57:52 PM
LISA AMEEN, SELF, MATSU LIO (via teleconference), testified
in support of the bill. She referred to an explosion of
property crime in her area. She referenced increased
property crime, and illegal camping on her land. She
thought that the passage of SB 91 had created a grey area.
She believed that much of the state's crime problem was
drug-related. She used the term "catch and release" to
describe a practice with repeat offenders.
2:00:54 PM
Senator Micciche asked Ms. Ameen if she was in support of
SB 127.
Ms. Ameen acknowledged that she was not entirely familiar
with SB 127 and was unsure if it constituted more than a
repeal of SB 91. She knew many people that had been victims
of property crimes.
2:02:05 PM
GREG WUITSCHICK, ALASKA TIRE WORLD, ANCHORAGE (via
teleconference), testified about the crime problem in his
area. He referenced the "catch and release" premise of
recidivism. He discussed the designation of sanctuary
cities. He discussed vehicle theft. He did not think SB 91
was working. He was the victim of repeat thefts. He
discussed the cycle of arrest and recidivism. He thought
criminals were coming to Alaska, stealing, and then
returning home. He wanted to know how the problem was going
to be solved.
Co-Chair MacKinnon stated that the committee heard Mr.
Wruitschick's concerns and would be taking action on the
bill.
Mr. Wuitschick wondered what would be done to save the
state from the horrible crime increase. He was concerned
that the police would not protect his property.
Co-Chair MacKinnon asked Mr. Wuitschick to direct further
comments to her office via email.
2:06:51 PM
SHAWN WILLIAMS, SELF, ANCHORAGE (via teleconference), spoke
in support of the bill. He stated he represented about
4,100 signers of a petition to repeal SB 91 organized by
Change.org [a petition website operated by for-profit
Change.org, Inc.]. He relayed that he was a small business
owner and had lived in Alaska for 38 years. He thanked
Senator Costello for sponsoring the bill. He thought there
was an important question of time and money. He stated that
he and his friends spent a lot of money protecting their
personal property. He thought opioid addiction and a poor
economy in the state were responsible for the increase in
crime. He thought SB 91 had created an incentive for crime
by removing punishment. He thought SB 91 should be repealed
and a new bill should be drafted to include modest criminal
justice reform. He expressed opposition to previous
testifiers. He relayed a story about theft. He emphasized
that there was lawlessness in his city. He thought
Washington D.C. was safer than Anchorage.
2:10:35 PM
STEVE WILLIAMS, ALASKA MENTAL HEALTH TRUST, ANCHORAGE (via
teleconference), spoke in opposition to the bill. He
reminded that Alaska Mental Health Trust Authority (AMHTA)
beneficiaries were at an increased risk for contact with
the criminal justice system and for longer periods of
incarceration. The trust had partnered with many key
stakeholders since 2005 to identify changes in policy and
programs to mitigate the issue. He acknowledged increased
criminal activities but did not correlate the increase with
the passage of SB 91. He suggested that factors such as a
declining economy, unemployment, and reductions in law
enforcement and community-based treatment services. He
thought the Alaska Criminal Justice Commission (ACJC) and
the Alaska Justice Information Center could be helpful in
understanding how the factors impacted policy. He thought
more time was needed to see the effects of various criminal
justice reform efforts. He noted that a data-driven
approach was used to craft reform legislation and had been
prudent in making adjustments to reform efforts. He thought
that Alaska's laws before 2016 had not produced acceptable
public safety results, and noted that recidivism rates had
been approximately 66 percent for several years. He
referenced associated collateral negative consequences to
Alaskan children, families, and communities. He thought the
prudent approach was to stay the course and continue to
evaluate and adjust policies based on data.
2:14:08 PM
BRENDA STANFILL, INTERIOR OF ALASKA FOR NON-VIOLENT LIVING,
FAIRBANKS (via teleconference), testified in opposition to
the bill. She relayed that she had served as commissioner
on the ACJC. She did not speak on behalf of the commission.
She discussed the inefficacy of incarceration's in bringing
down rates of violent crime or addressing underlying
behavioral health issues. She thought the jail was used to
warehouse individuals that communities did not want to deal
with. She discussed instances in which justice was
convoluted due to extenuating circumstances. She referenced
a national group that had assisted the commission in
identifying that the largest growing population was that of
the pre-trial individuals that could not produce bail. She
addressed the issue of discrimination against the
economically challenged, which represented a large
population of Alaska Native individuals. She discussed the
work of the commission, which resulted in a report to give
to the legislature. She emphasized the need for on-demand
substance abuse treatment. She thought drug abuse was a
huge motivator for property crimes. She emphasized the need
for reinvestment in alternate systems that could lead to
positive long-term outcomes. She mentioned recidivism
rates. She considered that passage of the bill would remove
reinvestment dollars that were targeted for treatment,
prevention efforts, and re-entry programs.
Co-Chair MacKinnon reminded that testimony was limited to
two minutes.
2:18:33 PM
BONNIE LILLY, SELF, ANCHORAGE (via teleconference), spoke
in support of SB 127. She did not think SB 91 had achieved
its goals. She had worked in a treatment facility for
adolescents. She thought required substance abuse treatment
was the only answer. She thought criminals from other
states would come to Alaska unless the laws were changed.
She listed crimes committed in her area. She had attended
community meetings on the topic of crime. She thought that
passage of SB 91 had increased crime. She discussed the
danger to police officers.
2:22:09 PM
MICHAEL JEFFERY, SELF, CANADA (via teleconference),
testified in opposition to the bill. He was a retired
Superior Court Judge, and a 40-year resident of Barrow. He
thought the reforms in SB 91 should be given time to work.
He had recently attended a conference in Anchorage on the
topic of reducing recidivism and had heard how states such
as Texas (which had adopted similar evidence-based
approaches to criminal justice) had not had a rise in crime
and had saved a great deal of money. Savings had been used
to provide more law enforcement and to provide effective
programs and treatment. He agreed with a previous
testifier.
Co-Chair MacKinnon thanked Mr. Jeffery for his service as a
judge in Barrow.
2:24:27 PM
KRISTIN BUSH, SELF, EAGLE RIVER (via teleconference), spoke
in support of SB 127. Members of her family had been
victims of crime. She thought the crimes were a result of
the passage of SB 91. She discussed increases in many types
of crime. She did not care about reducing recidivism, but
rather about public safety. She discussed a property crime
in which the perpetrator was not charged. She was concerned
the state would have a future of criminal anarchy.
2:26:40 PM
MARSHA OSS, FAIRBANKS REENTRY CASE MANAGER, FAIRBANKS (via
teleconference), testified in opposition to the bill. She
thought it was too early to determine the cause of
increased crime. She had worked in the reentry field for 30
years, including in other states. She thought the bill was
a knee-jerk reaction to a perceived increase in crime. She
thought the programs from SB 91 needed time to work. She
discussed anecdotal information about programs not having
the opportunity to work.
2:29:23 PM
BRADLEY MILLER, SELF, EAGLE RIVER (via teleconference),
spoke in support of SB 127. He thought SB 91 should be
repealed. He informed that his daughter was murdered in
Eagle River in 2014. He discussed parole and probation
changes because of SB 91. He thought the changes made it
easier for criminals to be released back on the street. He
acknowledged that SB 91 saved the state money on
incarceration. He thought the rise in crime was making
access to drugs easier. He thought that SB 91 made it
easier to obtain drugs. He did not think there was
appropriate rehabilitation services available.
2:32:38 PM
NATASHA SINGH, TANANA CHIEFS CONFERENCE, FAIRBANKS (via
teleconference), testified in opposition to the bill. She
informed that Tanana Chiefs Conference represented 37
federally recognized tribes in Interior Alaska. Addressing
public safety was an important priority to the conference.
She reminded that Alaska Native communities had faced the
highest rates of crime (including domestic violence and
sexual assault) in the nation. She noted that Alaska
Natives were disproportionately represented as victims of
crime. The conference had supported SB 91. She thought
there was misinformation about criminal justice reform. She
asserted that it was false that reform allowed for a
murderer to have easier parole or probation. She referenced
public testimony that alleged the police had told the
public it could not arrest or prosecute offenders, and
thought such anecdotal stories were not accurate. She had
observed law enforcement officers misquoting the law and
erroneously attributing situations to SB 91. She thought it
was unfortunate that criminal justice reform had been
proposed at a time when there was such a high rate of
egregious crimes. She pointed out that crimes such as
murder and armed robbery had not been included in the
criminal justice reform.
2:35:13 PM
SHENAH RAY, SELF, ANCHORAGE (via teleconference), spoke
about the high rate of crime in her area. She had been born
and raised in Alaska. She was a victim of car theft twice
in one week. Her apartment building had experienced a
shooting. She questioned the effectiveness of SB 91. She
supported the repeal of SB 91.
2:36:54 PM
HUNTER MATTHEWS, SELF, ANCHORAGE (via teleconference),
discussed the high rate of crime in his area. He shared his
concern for his family. He thought criminals were not being
held accountable.
2:38:00 PM
MIKE VOLZ, SELF, ANCHORAGE (via teleconference), testified
in support of the bill. He discussed accountability. He
understood the need for treatment. He supported the repeal
of SB 91. He asserted that the public would respond to
crime if there was not sufficient law enforcement response.
He wanted more accountability for criminals. He encouraged
citizens to speak up. He asked the committee to focus less
on money and more on people. He commented that the people
of the state deserved better.
2:42:40 PM
CASEY DENADEL, RECOVERY COACH, JUNEAU, spoke in opposition
to the bill. She stated that she was a property owner. She
was a person in long-term recovery. She was an advocate for
others and was a recovery coach that helped individuals
find jobs, housing, treatment, and other resources. She
thought the increase in crime was a public health issue
that could not be solved by arrests.
2:44:18 PM
MICHAEL VANLINDEN, SELF, JUNEAU, testified in opposition to
the bill. He was a re-entry case manager. He was in long-
term recovery from substance use disorder. He was able to
obtain his driver's license after completing therapeutic
court and because of provisions of SB 91. He discussed the
cycle of addiction and recovery. He thought the answer to
the state's crime problem was treatment rather than
incarceration.
2:46:44 PM
LINDA WATTS, SELF, JUNEAU, testified in opposition to the
bill. She discussed her personal history of trauma and lack
of support resources. She suffered from disabilities and
trauma. She had been incarcerated. She had experienced
homelessness. She had received services and assistance from
the Juneau Re-entry Coalition. She listed services she
received. She was concerned that passage of the bill would
limit importance services. She discussed the small number
of case managers in the re-entry program.
2:49:24 PM
LYNETTE CLARK, CHAIRMAN, ALASKAN INDEPENDENCE PARTY, FOX
(via teleconference), spoke in support of the bill. She
discussed the high rate of crime in the country. She
thanked Co-Chair MacKinnon for her comment about committee
work. She discussed opposition to SB 91 when it was
originally proposed. She thought substance abuse treatment
was an important component of the solution. She referenced
Senator Micciche's comments regarding portions of SB 91.
She thought the bill could be fine-tuned to include the
positive provisions of SB 91. She referenced SJR 1. She
thought that SB 127 had a better structure than SB 91. She
supported a complete repeal of SB 91. She lived in a
village of 200, North of Fairbanks. She had seen changes in
her community involving theft. She was a fourth generation
Alaskan and had family in Anchorage. She discussed the high
rate of crime in Anchorage. She expressed concerns for her
safety. She thought the bill had a lot of good content. She
wanted the committee to understand that Alaskans wanted to
feel safe and continue to exercise constitutional rights.
She encouraged the legislature to adjourn by May 9, 2018.
2:55:06 PM
STACY JOHNSON, SELF, ANCHORAGE (via teleconference), spoke
in support of SB 127. She supported the repeal of SB 91.
She discussed fears for her safety due to increased crime.
She considered that there was lawlessness because of the
passage of SB 91. She lived in the Mountainview
neighborhood in Anchorage and had seen increased crime and
suspicious activity. She asserted that the criminal
offenders in her neighborhood had been released from prison
due to SB 91. She supported passage of the bill.
2:59:03 PM
JEFF LANDFIELD, SELF, ANCHORAGE (via teleconference),
testified in opposition to the bill. He did not think SB 91
was responsible for the rise in crime in the state. He
thought the increase in crime was due to addiction. He
lamented budget cuts to the Department of Public Safety,
the Division of Behavioral Health, and the Department of
Law. He thought drug companies were partially responsible
for the high rates of addiction. He thought the state's
crime problem was largely the fault of lawmakers. He
discussed the state's fiscal crisis. He discussed a lack of
facilities for substance abuse treatment.
Co-Chair MacKinnon asked if Mr. Landfield supported or
opposed the bill.
Mr. Landfield stated that he thought SB 127 was a farce.
3:02:02 PM
SHERRY MILLER, SELF, EAGLE RIVER (via teleconference),
spoke in support of the bill. She supported a full repeal
of SB 91. She discussed her personal story as a victim of
crime that resulted in the death of her daughter. She was
concerned that her voice had not been heard. She cited
discretionary parole as the reason her daughter's killer
could potentially walk free. She mentioned victim's rights.
3:05:07 PM
ZACH PEARSON, PCHS, KENAI (via teleconference), spoke in
opposition to the bill. He had been incarcerated for
violent crimes related to drug use and alcoholism. He had
used the services of a treatment center, and now worked at
a public health center. He discussed his personal
experience working with formerly incarcerated individuals.
He thought incarceration did not solve the problem of
crime. He had not benefitted from the passage of SB 91. He
discussed the needs of incarcerated individuals. He had
participated in a recidivism reduction conference.
3:07:58 PM
CHLOE ABBOTT, SELF, JUNEAU, testified in opposition to the
bill. She shared her story of incarceration, substance
abuse, trauma, and lack of services. She had struggled with
the disease of alcoholism for 30 years. She felt that SB 91
had made a positive impact in her life. She had been
sentenced for driving under the influence of alcohol the
same day that criminal justice reform went into effect. She
had been able to retain employment and make positive life
changes.
3:10:40 PM
DON HABEGAR, COMMUNITY COORDINATOR, JUNEAU REENTRY
COALITION, JUNEAU, testified in opposition to the bill. He
emphasized that public safety was part of the mission of
the Juneau Reentry Coalition. He supported fixes to SB 91
when problems became apparent. The coalition had been
invited to be part of a public safety task force and
believed there was a deficit in funding for prosecutors.
3:12:06 PM
WILLIAM MUSSER, SELF, JUNEAU, spoke in opposition to SB
127. He was in long-term recovery from an addiction. He
received treatment services from out-of-state. He had seen
benefit from SB 91 on a personal level as well as for
others. He was a convicted felon who had been incarcerated.
He discussed his experience with incarceration and drug
abuse. He thought there should be more criminal justice
reform in a positive way while including multiple
stakeholders.
3:15:23 PM
BILLY CHARLES, SELF, EMMONAK (via teleconference),
testified in opposition to SB 127. He was on the board for
the Alaska Federation of Natives representing the 56
villages on the Yukon Delta. He thought time was needed to
observe the long-term outcomes of SB 91 reforms. He
discussed research and suicide prevention. He had found
that 42 percent of incarcerated individuals that were in
prison due to probation or parole violations, which he
thought demonstrated a lack of community support.
3:17:29 PM
KATE HALFORD, SELF, ANCHORAGE (via teleconference), spoke
in support of SB 127. She supported a repeal of SB 91. She
had lived in many unsavory areas of Anchorage, including
Mountainview and Fairview, and owned property in Spenard.
She acknowledged that SB 91 was not entirely to blame for a
rise in crime and thought the rise in opioid addiction in
the state was a factor. She thought SB 91, in combination
with the opioid epidemic, was problematic. She described
her experiences as a victim of property theft and other
crimes. She carried a firearm and other deterrents. She
thought police had done a great job but had power taken via
the passage of SB 91. She agreed that people needed help
but also thought people needed to be held accountable. She
asserted that SB 91 put sex offenders and petty thieves in
the same category. She was concerned about vigilante
behavior.
3:22:54 PM
Senator Micciche clarified that the vehicle theft C-felony
issue had been improved with the passage of SB 54
[legislation passed in 2017 to address issues with prior
criminal reform legislation].
Ms. Halford specified that most of the crimes she described
happened in the Bootlegger's Cove area of Anchorage.
3:23:54 PM
KATHLEEN MCLAUGHLIN, PARTNERS REENTRY CENTER, ANCHORAGE
(via teleconference), spoke in opposition to SB 127. She
pointed out that 95 percent of incarcerated individuals
would be released at some point. She asserted that previous
criminal justice reform (SB 91) had given an additional
layer of accountability for people that were re-entering
into communities by funding community-based re-entry
services. She stated that her re-entry center had done
research to determine if the services made a difference,
and she had concluded the affirmative. She referenced a
study of 300 individuals that accessed services and had an
18 percent rate of recidivism while actively participating
in the program while receiving housing. She requested that
the committee consider not passing SB 127.
3:26:02 PM
AUDREY CUCULLU, REENTRY COORDINATOR, KENAI PENINSULA
REENTRY COALITION, KENAI (via teleconference), spoke in
opposition to the bill. She stated she was a person in
long-term recovery, as well as a victim of violent crime.
She had worked with Crime Stoppers, local police,
Department of Corrections, and other entities on the topic
of criminal justice. She supported treatment options in
lieu of incarceration. She worked with 50 individuals that
were endeavoring to become contributing members of society.
She thought it was premature to say that SB 91 was to blame
for the rise in crime in the state. She considered that
crime had been rising in Alaska since the 1980s. She
commended the restorative justice initiative in the Spring
Creek Correctional Facility.
3:28:23 PM
TAMMY WELLS, SELF, ANCHORAGE (via teleconference),
testified in support of SB 127. She worked within the
criminal justice system and had served as a community
resource officer trying to reduce recidivism. She
referenced previous testimony. She thought there was a lack
of leadership and personal responsibility and thought
criminal justice reform was the reason for the rise in
crime. She thought people were leaving the state due to the
rise in crime.
3:32:00 PM
KATHLEEN SHOOP, SELF, PALMER (via teleconference), spoke in
support of SB 127. She felt that SB 91 was "too criminal
friendly." She felt that public safety must be addressed,
but she sympathized with the testifiers.
3:32:54 PM
CYNTHIA STROUT, SELF, ANCHORAGE (via teleconference),
testified in opposition to the bill. She felt that SB 91
must be given time to work. She was an attorney and had
practiced law in Alaska for 35 years. She discussed the
efficacy of previous criminal justice philosophies. She
echoed the previous comments by Ms. McLaughlin.
3:34:41 PM
ROBERT GAWRYS, SELF, EAGLE RIVER (via teleconference),
spoke in support of the bill. He thought SB 91 was an
abomination. He was a lifelong Alaskan and had observed a
significant rise in crime. He discussed the option of
concealed carry of a firearm. He thought there should be
strong penalties to deter crime. He discussed the effects
of property crime. He thought criminals deserved to be
treated fairly but not at the expense of law-abiding
citizens.
3:37:20 PM
Co-Chair MacKinnon informed that the Conference Committee
on SB 285 and SB 286 that was scheduled for 3:30 p.m. would
be relocated in order to continue public testimony. The
Conference Committee would meet in the Beltz room at 4:00
p.m.
Vice-Chair Bishop agreed to chair the meeting for remaining
public testimony.
Co-Chair MacKinnon recognized members that were in the
gallery.
Co-Chair MacKinnon asked all Legislative Information
Offices to cease taking names for public testimony. She
directed anyone that still wished to testify to submit
written testimony via email.
3:40:15 PM
ANGELA CAMOS, SELF, WASILLA (via teleconference), testified
in support of the bill. She had been a resident for more
than 20 years. She discussed increased crime in her area.
She had sat on a victim's advisory committee with the
Department of Corrections in the 1990s. She discussed the
effects of budget cuts. She was supportive of habituation
and rehabilitation. She asked the committee to carefully
examine how to help underserved populations. She discussed
emergency services response time.
3:44:00 PM
KEN FEDERICO, SELF, WASILLA (via teleconference), spoke in
support of the bill. He stated that he listened to a
previous committee hearing and thought that personal
property crimes had been minimized. He mentioned previous
testimony referencing vehicle theft. He thought bail
guidelines should be left up to judges. He referenced the
Class C felony category. He knew two pre-trial parole
officers that were being paid at a high rate. He asserted
that there needed to be oversight. He had gleaned that
local police would not pursue stolen property other than
vehicles.
3:46:53 PM
DAMITA DUPLANTIS, SELF, ANCHORAGE (via teleconference),
testified in support of the bill. She stated that she was
born and raised in New Orleans, Louisiana. She lamented the
increase in crime in the state. She believed that SB 91 was
to blame for increased crime and supported its repeal. She
thought that Anchorage was seeing most of the effects of SB
91. She shared concerns about theft and home invasion.
3:50:20 PM
LARS GLEITSMANN, SELF, ANCHORAGE (via teleconference),
spoke in support of the bill. He supported full repeal of
SB 91. He urged the committee to consider the testimony of
private citizens versus that of special interest groups.
He discussed previous testimony. He expressed concern about
retaliation against those that testified against SB 91. He
feared for the safety of his family. He thought many crimes
went unreported due to fear of rising insurance rates. He
was the owner and operator of a retail business. He thought
many people had lost jobs and been forced to leave the
state. He thought there was a steady influx of criminals
from the Lower 48. He expressed concern about drugs in
prisons. He emphasized the importance of victim's rights.
Co-Chair MacKinnon handed the gavel to Vice-Chair Bishop.
3:55:06 PM
HERMAN MORGAN, SELF, ANIAK (via teleconference), testified
in support of the bill. He discussed homelessness. He
discussed the importance of public testimony. He supported
a repeal of SB 91.
3:59:45 PM
GEORGIA KUSTURA, SELF, CHUGIAK (via teleconference),
testified in support of the bill. She supported the
comments of previous testifiers. She thought SB 127 would
help mitigate some of the problems created by SB 91. She
thought there needed to be a deterrent for crimes. She
thought the government could not provide substance abuse
treatment.
4:01:22 PM
MELISSA SAUNDERS, SELF, ANCHORAGE (via teleconference),
spoke about her struggles as a victim of crime and loss of
her possessions. She was a lifelong Alaskan. She discussed
the story of a convicted felon and thief. She was concerned
for her personal safety.
4:05:03 PM
REPRESENTATIVE LORA REINBOLD testified in support of the
bill. She stated that the ideas behind SB 91 were failed
ideas from the 1960s and 1970s. She discussed the history
of criminal justice reform efforts. She recounted that when
Alaska used the "tough on crime" model, it had enjoyed a
decrease in crime. She thought crime had been redefined in
SB 91. She discussed pre-trial backlogs, bail changes and
associated legislation. She thought SB 91 had created a
faulty pre-trial risk assessment tool that did not allow
judges to look at crime in outside jurisdictions. She
discussed parole and probation changes. She stated that FBI
statistics reported Alaska as the most dangerous state in
the nation. She thought the government was losing public
trust. She discussed increased crime and drug abuse. She
referenced a bank robbery in Russian Jack. She thought the
laws were soft on drugs. She appreciated testimony related
to reform. She thought SB 127 was a vehicle that the
legislature could use. She thought the bill needed work.
She identified that there were at least 12 provisions of SB
91 she wanted to keep.
4:09:55 PM
LAURA WAGNER, SELF, ANCHORAGE (via teleconference), spoke
in support SB 127. She thought there had been an
astronomical increase in crime. She thought there needed to
be accountability for non-violent offenders. She had been
held at gunpoint and robbed twice in the past year at her
place of employment. She supported repeal of SB 91. She had
quit her job.
Senator Micciche asked Ms. Wagner if she wanted the
committee to keep the provisions of SB 91 that were tougher
on crime.
Ms. Wagner answered in the affirmative.
Senator Micciche was willing to make changes to SB 91. He
thought there were provisions of SB 91 that were tough on
crime.
4:12:14 PM
DARREN ASPLEND, SELF, ANCHORAGE (via teleconference),
testified in support of the bill. He was a lifelong
Alaskan. He spoke to the increased crime in Anchorage. He
reported hearing gunfire frequently. He referenced the
comments of Senator Micciche. He stated that APD had done
an amazing job. He expressed concerns about the environment
in the Mat-Su Valley. He had experienced property theft. He
understood the need for reform but remained concerned about
the rest of the population. He expressed concerns about
declining tourism due to increased crime rates.
Vice-Chair Bishop handed the gavel to Co-Chair MacKinnon.
4:16:21 PM
MARK MARTENS, SELF, ANCHORAGE (via teleconference), spoke
in support of the bill. He discussed a burglary at a gun
store in Anchorage, in which two individuals stole
approximately 40 weapons. He blamed the theft on passage of
SB 91. He relayed the story of his cousin who had been
killed during a robbery. He supported a repeal of SB 91. He
acknowledged that rehabilitation was required but felt that
it could not be forced upon people.
4:18:46 PM
EDITH GRUNWALD, SELF, PALMER (via teleconference),
supported SB 127. She advocated for increased sentencing.
She spoke in support of the death penalty. She asked the
committee to differentiate between public testimony from
private citizens versus special interest groups. She shared
that her son had been murdered. She wanted judges to have
more discretion. She wanted the bail schedule restored to
be based on the severity of the crime. She wanted felony
crime levels returned. She thought criminals came from out
of state because of SB 91. She supported reform,
rehabilitation, and re-entry programs. She emphasized that
punishment for crime must come before rehabilitation.
4:23:40 PM
MICHAEL ROSE, SELF, ANCHORAGE (via teleconference),
testified in support of the bill. He stated that he was an
attorney. He echoed the comments of previous testifiers. He
thought the key to rehabilitation was that individuals
needed to make the choice themselves. He thought most
people in the criminal justice system did not have the
desire to change themselves. He thought SB 91 had assumed
that every person could be rehabilitated. He thought
criminal justice reform had weakened judges, prosecutors,
and penalties.
4:26:21 PM
NIMI TOLVA, SELF, HOMER (via teleconference), spoke in
support of the bill. She thought there had been unintended
consequences of SB 91. She thought there had been
compelling testimony on both sides of the issue. She
thought criminals were bolder. She supported the repeal of
SB 91.
4:28:33 PM
VICKI WALLNER, SELF, PALMER (via teleconference), testified
in support of the bill. She had been sober for 28 years.
She discussed the impacts of crime in her family. She was
not opposed to treatment for addiction. She emphasized that
it was the government's responsibility to keep the public
safe.
4:31:49 PM
CHRIS NELSON, SELF, JUNEAU, spoke in opposition to the
bill. He was the father of a formerly incarcerated person.
He had volunteered inside the prison system. He supported
SB 91 and had seen the results of treatment provided by the
bill, whereas there had been none before. He agreed that
parts of SB 91 needed to be adjusted.
4:34:32 PM
Co-Chair MacKinnon CLOSED public testimony.
REPRESENTATIVE MIA COSTELLO, SPONSOR, thanked the committee
for hearing the bill. She had written down the names of
every testifier, along with their stories. She wanted to
convey that the legislature was working to make communities
safe and did not think the public was aware of the fact.
Co-Chair MacKinnon thanked the committee for hearing public
testimony. She appreciated the perspectives that had been
shared by testifiers. The committee had also recorded the
names of testifiers. There had been 56 testifiers on the
bill. She set aside the bill.
Vice-Chair Bishop stated that there had been 186 emails
pertaining to the bill.
Co-Chair MacKinnon reiterated that those who did not have
the opportunity to offer public testimony could provide
written testimony to the committee.
Senator Micciche thanked the sponsor. He thanked the
testifiers for their respectful demeanor. He thought crime
rates were high but pointed out that rates had also been
higher at other times for certain crimes. He thought the
effects of opioids were at a new high. He thought there
were good provisions in SB 91 but thought there were
criminal justice reform issues to evaluate and work on. He
appreciated individuals that waited in line to testify. He
hoped to continue the conversation in order to improve the
criminal justice system.
SB 127 was HEARD and HELD in committee for further
consideration.
Co-Chair MacKinnon discussed the agenda for the following
day
ADJOURNMENT
4:40:11 PM
The meeting was adjourned at 4:40 p.m.