Legislature(2023 - 2024)BUTROVICH 205

03/22/2023 01:30 PM Senate JUDICIARY

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01:48:38 PM Start
01:49:23 PM Presentation(s): Alaska Court Rules and Grand Jury Overview
02:38:23 PM SB64
03:09:35 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Presentation: Discussion of Court Rules and Grand
Jury by Nancy Meade, General Counsel, Alaska
Court System John Skidmore, Deputy Attorney
General, Criminal Division, Department of Law
-- Testimony <Invitation Only> --
*+ SB 64 CONTROLLED SUB.;HOMICIDE;GOOD TIME DEDUC. TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+= SB 53 FIVE-YEAR INVOLUNTARY COMMITMENTS TELECONFERENCED
<Bill Hearing Canceled>
-- Testimony <Invitation Only> --
+= SB 37 CRIME COUNTERFEIT/NONFUNCTIONING AIRBAG TELECONFERENCED
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         March 22, 2023                                                                                         
                           1:48 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Matt Claman, Chair                                                                                                      
Senator Jesse Kiehl, Vice Chair                                                                                                 
Senator James Kaufman                                                                                                           
Senator Löki Tobin                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Cathy Giessel                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
PRESENTATION(S): ALASKA COURT RULES AND GRAND JURY OVERVIEW                                                                     
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
SENATE BILL NO. 64                                                                                                              
"An Act relating to homicide resulting from conduct involving                                                                   
controlled substances; relating to the computation of good time;                                                                
and providing for an effective date."                                                                                           
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 53                                                                                                              
"An Act relating to involuntary civil commitments."                                                                             
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
SENATE BILL NO. 37                                                                                                              
"An Act relating to involuntary civil commitments."                                                                             
                                                                                                                                
     - BILL HEARING CANCELED                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  64                                                                                                                  
SHORT TITLE: CONTROLLED SUB.;HOMICIDE;GOOD TIME DEDUC.                                                                          
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
02/08/23       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/08/23       (S)       JUD, FIN                                                                                               
03/22/23       (S)       JUD AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
NANCY MEADE, General Counsel                                                                                                    
Administrative Offices                                                                                                          
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified and answered questions during the                                                               
Alaska Court Rules and Grand Jury Overview.                                                                                     
                                                                                                                                
JOHN SKIDMORE, Deputy Attorney General                                                                                          
Office of the Attorney General                                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Introduced SB 64 and responded to questions                                                               
about the Alaska Rules and Grand Jury Overview.                                                                                 
                                                                                                                                
SANDY SNODGRASS, Chief Executive Officer                                                                                        
AK Fentanyl Response Project                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 64.                                                                            
                                                                                                                                
KAREN MALCOLM-SMITH, Founder                                                                                                    
The David Dylan Foundation                                                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 64.                                                                            
                                                                                                                                
STACY EISERT, Representing self                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Testified in support of SB 64.                                                                            
                                                                                                                                
JULIE BOUCHARD, Representing self                                                                                               
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in support of SB 64.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:48:38 PM                                                                                                                    
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee                                                              
meeting to order at 1:48 p.m. Present at the call to order were                                                                 
Senators Kaufman, Tobin, Kiehl and Chair Claman.                                                                                
                                                                                                                                
^PRESENTATION(S): Alaska Court Rules and Grand Jury Overview                                                                    
  PRESENTATION(S): Alaska Court Rules and Grand Jury Overview                                                               
                                                                                                                                
1:49:23 PM                                                                                                                    
CHAIR  CLAMAN announced  the consideration  of  the Alaska  Court                                                               
Rules and Grand Jury Overview.                                                                                                  
                                                                                                                                
1:49:48 PM                                                                                                                    
NANCY  MEADE,  General  Counsel, Administrative  Offices,  Alaska                                                               
Court System, Anchorage, Alaska, provided  a summary of the grand                                                               
jury process and  functions. She planned to speak  about a recent                                                               
court rule  change related to  grand jury functions.  She offered                                                               
to answer  committee member questions  related to the  grand jury                                                               
process.                                                                                                                        
                                                                                                                                
1:50:26 PM                                                                                                                    
MS. MEADE informed the committee  that a grand jury was comprised                                                               
of  12-18   citizens  empowered  by  law   to  consider  evidence                                                               
presented  by a  prosecutor. The  grand jury  decides whether  to                                                               
issue a  true bill of  indictment or a   no true bill,   when the                                                               
evidence  presented  is  not substantial  enough  to  charge  the                                                               
defendant.  She  explained  that  the  grand  jury  was  a  legal                                                               
proceeding used  to ensure that  the state has probable  cause to                                                               
believe  that  a  crime  was  committed  by  the  defendant.  She                                                               
remarked that  a grand  jury serves for  an established  time and                                                               
hears  felony  charges only.  The  grand  jury process  continues                                                               
until the prosecutor concludes the case presentations.                                                                          
                                                                                                                                
MS.  MEADE explained  that  the  grand jury  presents  a list  of                                                               
indictments    and   decisions    following   the    prosecutors                                                                
presentation.  A judge  then accepts  the grand  jurys  list  and                                                               
recommendations.  A  grand jury  might  hear  multiple cases  per                                                               
sitting. She added  that the grand jury  proceedings are private.                                                               
The secrecy of the proceedings  protects the target, protects the                                                               
grand jurors,  and prevents  the target  from interfering  in the                                                               
proceedings. The  secrecy also allows  witnesses to  provide full                                                               
and frank disclosure of the facts without fear.                                                                                 
                                                                                                                                
MS.  MEADE  stated that  a  grand  jury proceeding  houses  12-18                                                               
jurors: the prosecutor presenting  the evidence, witnesses called                                                               
by  the prosecutor,  and  a court  clerk  recording the  hearing.                                                               
Witnesses are not  allowed to bring an attorney.  The evidence is                                                               
presented by  the prosecutor alone  and the defense is  unable to                                                               
rebut the  evidence. The grand  jury proceeding is  a preliminary                                                               
step to  ensure that the state  has probable cause to  continue a                                                               
felony case.                                                                                                                    
                                                                                                                                
1:53:58 PM                                                                                                                    
MS.  MEADE explained  that the  Alaska  Constitution, Article  1,                                                               
Section 8 states  that  the power of grand  juries to investigate                                                               
and  provide recommendations  concerning  the  public welfare  or                                                               
safety should never  be suspended.  This power led  to the recent                                                               
court rule  changes. She remarked  that the  constitutional right                                                               
was exercised rarely in the past.  She cited the history of grand                                                               
jury  investigations in  1985 related  to Governor  Sheffield and                                                               
irregularities  found with  awarding  a  contract. She  furthered                                                               
that an  investigative grand  jury was  convened by  the attorney                                                               
general   resulting   in   a  report   recommending   impeachment                                                               
proceedings against Governor Sheffield.                                                                                         
                                                                                                                                
MS. MEADE  continued that the  next investigative grand  jury was                                                               
summoned  in 1990  when  the attorney  general  submitted a  case                                                               
concerning a  teacher in  the Anchorage  School District  who was                                                               
allegedly having  inappropriate relationships with  students. The                                                               
police  department   was  involved  in  the   investigation.  She                                                               
recalled  that litigation  termed the  OLeary  case  alleged that                                                               
the power of  the grand jury to investigate  should be completely                                                               
unfettered.   The  court   disagreed   with   the  analysis   and                                                               
recommended continued constraints.                                                                                              
                                                                                                                                
1:56:47 PM                                                                                                                    
MS. MEADE  elaborated that the  next grand jury  investigation in                                                               
Alaska occurred in  2015. She mentioned that  a legislator wished                                                               
to have  a grand  jury assess the  Office of  Childrens  Services                                                               
(OCS) for  perceived irregularities.  The request was  brought to                                                               
the attorney  generals  office and presented  to an investigative                                                               
grand jury. The final report  concluded that the issue was better                                                               
addressed by the  Office of the Ombudsman  within the legislative                                                               
branch.                                                                                                                         
                                                                                                                                
MS. MEADE continued  to provide a history  of investigative grand                                                               
juries  in Alaska.  She  noted  that in  2022,  there were  three                                                               
different requests  brought to the courts   attention by citizens                                                               
requesting an  investigative grand  jury. She explained  that the                                                               
court  system lacked  adequate procedures  to honor  the requests                                                               
consistently across  the districts. The three  different requests                                                               
came  to  the  attention  of  three  different  judges  in  three                                                               
different courts. The  issue came to the attention  of the Alaska                                                               
Supreme Court, which  has the constitutional power  to make rules                                                               
of practice and procedure.                                                                                                      
                                                                                                                                
MS.  MEADE discussed  the  Alaska Supreme  Court  rules of  court                                                               
including criminal,  minor offense, civil and  probate rules. She                                                               
reminded the  committee that  Article 4,  Section 15  states that                                                               
the Alaska  Supreme Court shall  adopt these rules.  Before 2022,                                                               
concerned citizens  approached the  attorney generals   office to                                                               
request an investigative  grand jury. She stated  that the Alaska                                                               
Supreme  Court determined  that  it  required recommendations  to                                                               
approach the  issue and a  group was commissioned to  develop the                                                               
recommendations.   She  added   that  the   recommendations  were                                                               
considered  by  the  Alaska  Supreme  Court,  which  led  to  the                                                               
adoption of change  to Criminal Rules 6 and 6.1.  She stated that                                                               
Criminal  Rule  6  relates  to indictments  in  a  criminal  case                                                               
through the  grand jury process.  The rule addresses  issues such                                                               
as how a grand jury is  summoned, how a foreperson is chosen, and                                                               
where they  will meet.  In addition,  the court  adopted explicit                                                               
changes related to summoning an investigative grand jury.                                                                       
                                                                                                                                
2:00:14 PM                                                                                                                    
MS.  MEADE referred  to "In  the Supreme  Court of  the State  of                                                               
Alaska Order  No. 1993  (copy  on file). She pointed  out changes                                                               
on  page  2  to  Criminal  Rule 6.1.  The  Alaska  Supreme  Court                                                               
provided rules about public welfare  and safety matters that lead                                                               
to a grand  jury investigation. She added that  Subsection (b) on                                                               
Page  4  addresses  a grand  juror  requesting  an  investigation                                                               
related  to  public  welfare  and safety.  She  cited  a  statute                                                               
stating that a  seated grand juror can bring up  issues to fellow                                                               
grand jurors related to investigations.                                                                                         
                                                                                                                                
2:01:19 PM                                                                                                                    
MS.  MEADE moved  to  Page 5  of the  order  related to  citizens                                                               
requesting an investigative grand jury.  She noted no gap in past                                                               
procedures  because citizens  routinely  approached the  district                                                               
attorney for  investigative grand juries. To  provide consistency                                                               
and  clarity,  the Alaska  Supreme  Court  developed the  updated                                                               
court  rules. The  new  rules  allow a  citizen  to direct  their                                                               
concern  to the  attorney  general's office  where  the issue  is                                                               
reviewed   for  a   grand  jury   proceeding   and  possibly   an                                                               
investigation.                                                                                                                  
                                                                                                                                
MS.  MEADE  noted criticism  and  comments  by people  seeking  a                                                               
citizen-led grand jury. The concerned  citizens fear that the new                                                               
court  rule   suspends  or   curbs  constitutional   rights.  She                                                               
clarified  that the  court  rule  effectuates constitutional  and                                                               
statutory rights  by clearly ensuring that  people understand how                                                               
to proceed  when seeking an  investigative grand jury.  She added                                                               
that the prosecutor brings criminal  cases to the grand jury. The                                                               
court  rule  ensures that  the  grand  jury considers  admissible                                                               
evidence   and  is   led   formally  down   a   path  toward   an                                                               
investigation.                                                                                                                  
                                                                                                                                
2:03:17 PM                                                                                                                    
SENATOR  KAUFMAN  asked  about   the  reason  for  the  differing                                                               
opinions related to summoning a grand jury investigation.                                                                       
                                                                                                                                
MS.  MEADE  replied  that three  people  requested  investigative                                                               
grand juries  in three different  areas of the state.  One person                                                               
requested  that  the grand  jury  investigate  problems with  the                                                               
judicial  system.  She  mentioned  an  allegation  of  corruption                                                               
permeating different  legal entities. She sensed  that the person                                                               
found it  improper for the Alaska  Supreme Court to adopt  a rule                                                               
that would guide  a person to the attorney  generals  office. She                                                               
noted  that the  court  rule  has provisions  for  a conflict  of                                                               
interest with the attorney generals   office. She stated that the                                                               
rule  ensures that  the attorney  general can  appoint a  neutral                                                               
prosecutor to lead the investigation.  She added that a person on                                                               
the grand  jury who  believed there was  a continued  conflict of                                                               
interest without appropriate prosecution,  can bring the issue to                                                               
the attention of the judge.                                                                                                     
                                                                                                                                
2:06:00 PM                                                                                                                    
CHAIR  CLAMAN  asked  about  the process  used  when  the  Alaska                                                               
Supreme Court adopts new criminal rules.                                                                                        
                                                                                                                                
MS.  MEADE  replied  that  the   Alaska  Supreme  Court  receives                                                               
recommendations for  rule changes from a  rules committee. Alaska                                                               
has  eight standing  rules committees  with members  appointed by                                                               
the Alaska Supreme  Court. She explained that  the Criminal Rules                                                               
Committee and  Civil Rules Committee consider  proposals and make                                                               
recommendations to the  Alaska Supreme Court. She  added that the                                                               
Alaska Supreme Court  also has the authority,  when necessary, to                                                               
adopt rules in  another manner. After adopting  the rule changes,                                                               
the court may ask the rules committees for additional analysis.                                                                 
                                                                                                                                
CHAIR  CLAMAN   asked  how  the   Criminal  Rules   Committee  is                                                               
populated.                                                                                                                      
                                                                                                                                
MS.  MEADE  responded  that  the   Criminal  Rules  Committee  is                                                               
comprised of  thirteen members, including  five judges,  and four                                                               
people  with a  prosecutorial  outlook. She  furthered that  four                                                               
defense attorneys,  two private defense lawyers,  and an attorney                                                               
from the Office  of Public Advocacy (OPA)  complete the committee                                                               
makeup.  She  noted that  the  Alaska  Supreme Court  appoints  a                                                               
balanced committee to allow a full airing of the issues.                                                                        
                                                                                                                                
2:09:36 PM                                                                                                                    
SENATOR  KIEHL   asked  for   additional  information   about  an                                                               
investigative grand jury.                                                                                                       
                                                                                                                                
MS.  MEADE suggested  that  the  query was  best  suited for  the                                                               
Department  of Law.  She noted  that the  rule change  leaves the                                                               
conduct of the  grand jury to the attorney  generals  office. She                                                               
noted that some  aspects of grand jury selection are  left in the                                                               
hands  of  the  Department  of  Law. She  admitted  her  lack  of                                                               
knowledge about the investigative grand jury selection.                                                                         
                                                                                                                                
2:11:26 PM                                                                                                                    
SENATOR KIEHL reported that some  Alaska delegates struggled with                                                               
understanding   the    differences   between    traditional   and                                                               
investigative   grand   juries.   He   requested   further   help                                                               
understanding  how  investigations  are   summoned  by  a  person                                                               
sitting on a grand jury.                                                                                                        
                                                                                                                                
2:12:31 PM                                                                                                                    
MS. MEADE noted  that in 1959, grand juries  would meet annually.                                                               
She stated  that a person can  currently waive a grand  jury, but                                                               
few do.  She referred  to the Alaska  Supreme Court  order, 1993,                                                               
beginning on  page 4,  new rule 6.1(b),   grand juror  request to                                                               
investigate a  manner of  public welfare  or safety.   She quoted                                                               
rule 6/1(b)(1),   An individual  grand juror  may propose  to the                                                               
prosecuting  attorney that  the grand  jury investigate  a matter                                                               
concerning the public welfare or safety.                                                                                        
                                                                                                                                
2:15:06 PM                                                                                                                    
MS. MEADE explained that shortly  after the effective date of the                                                               
new  court  rule,  the  Alaska  Supreme  Court  reconsidered  one                                                               
change. She noted that the  original change stated that  the same                                                               
grand jury  who investigates  should not  thereafter be  the same                                                               
individuals who consider the possibility  of an indictment.  Upon                                                               
reconsideration, the  Alaska Supreme Court reviewed  minutes from                                                               
the Alaska  Constitutional Convention leading them  to remove the                                                               
restriction.  The prosecutor  is no  longer prohibited  from both                                                               
investigating  and indicting  with the  same sets  of facts.  The                                                               
change  she referred  to  was titled  the   Alaska Supreme  Court                                                               
Order 2000, effective February 6, 2023 (copy on file).                                                                          
                                                                                                                                
CHAIR CLAMAN welcomed Mr. Skidmore  to contribute to the overview                                                               
of grand juries and court rules.                                                                                                
                                                                                                                                
2:17:29 PM                                                                                                                    
JOHN SKIDMORE,  Deputy Attorney General,  Office of  the Attorney                                                               
General,  Criminal   Division,  Department  of   Law,  Anchorage,                                                               
Alaska, echoed and  agreed with Ms. Meades   comments. He offered                                                               
to answer  the query about the  differences between investigative                                                               
and  other  sitting  grand  juries. He  noted  that  the  primary                                                               
function of the grand jury is  to screen cases and decide whether                                                               
a person ought to be tried  for a felony charge. An investigative                                                               
grand  jury can  address criminal  matters  and is  similar to  a                                                               
federal grand  jury. The  grand jury  process can  be used  as an                                                               
investigative  function  in  cases  where it  is  cumbersome  for                                                               
police to investigate  a case. A grand jury subpoena  need not be                                                               
based  on  probable  cause, while  a  police  department  seeking                                                               
records, must have a search warrant to obtain them.                                                                             
                                                                                                                                
MR.  SKIDMORE   continued  that   grand  juries   serve  subpoena                                                               
authority, involve  citizen participation, and grant  immunity to                                                               
certain  witnesses via  closed  proceedings.  He highlighted  the                                                               
grand  jurys  secrecy  requirements.  Investigative grand  juries                                                               
are  generally  considered  for racketeering  or  drug  operation                                                               
cases. He  stated that  the grand jury  process can  be powerful,                                                               
however,  investigative  grand  juries typically  address  public                                                               
welfare or  safety as opposed  to criminal matters.  Grand juries                                                               
were traditionally convened once a  year to consider state issues                                                               
of citizen concern.                                                                                                             
                                                                                                                                
2:21:39 PM                                                                                                                    
CHAIR CLAMAN  understood that federal investigative  grand juries                                                               
outnumber  state  investigative grand  juries.  He  asked if  the                                                               
federal power  for investigative grand juries  was different than                                                               
the states power.                                                                                                               
                                                                                                                                
MR. SKIDMORE  responded that the  state of Alaska can  conduct an                                                               
investigatory grand  jury to  charge a crime,  but cases  of that                                                               
nature  are  rare.  He  noted  the  different  types  of  conduct                                                               
assessed by  a state  versus a federal  grand jury.  He explained                                                               
that the Alaska  State Ombudsman was enacted by law  in 1975. The                                                               
ombudsman  office now  receives complaints  related to  the state                                                               
government.  He shared  the ombudsman  statute, AS  24.55.010-340                                                               
that enables  the investigation of  issues and  when appropriate,                                                               
refers  cases  to a  grand  jury.  He  added that  the  ombudsman                                                               
adopted some  of the prior  grand jury investigations  related to                                                               
public welfare or  safety within the state. He  stated an example                                                               
of  a recent  grand  jury investigation  involving  OCS that  was                                                               
resolved  with a  referral to  the ombudsmans   office. He  noted                                                               
that  the rule  change  was designed  for  citizens requesting  a                                                               
grand  jury proceeding.  He clarified  that a  neutral prosecutor                                                               
might be a member of the  Department of Law through the Office of                                                               
Special Prosecutions.  He acknowledged  that some cases  are best                                                               
served by an attorney appointed from outside of the department.                                                                 
                                                                                                                                
2:25:20 PM                                                                                                                    
MR. SKIDMORE  offered to respond  to further questions  about the                                                               
grand jury process or new court rules.                                                                                          
                                                                                                                                
CHAIR CLAMAN allowed time for committee member questions.                                                                       
                                                                                                                                
2:26:08 PM                                                                                                                    
SENATOR  KIEHL asked  Mr. Skidmore  about  a comment  originating                                                               
from the Alaska  Supreme Court stating that  decisions about what                                                               
to present to the grand jury rest with the executive branch.                                                                    
                                                                                                                                
MR. SKIDMORE replied  that the grand jury is the  function of two                                                               
branches  of government  that must  cooperate,  the judicial  and                                                               
executive. The  judicial branch is  the entity that can  summon a                                                               
grand jury and review decisions  to determine whether they follow                                                               
the law.  The presentations of  evidence by the grand  jury occur                                                               
via the  executive branch.  He believed  that the  Alaska Supreme                                                               
Court  adopted the  rule to  indicate that  the executive  branch                                                               
would  review the  issue first  to determine  whether the  public                                                               
welfare or safety threshold is  met. The executive branch intends                                                               
to bring any  case that meets the threshold of  public welfare or                                                               
safety  to  a  grand  jury.   He  added  that  grand  juries  are                                                               
recognized to  be costly  and cumbersome  but can  offer citizens                                                               
protection.                                                                                                                     
                                                                                                                                
SENATOR KIEHL  grappled with the  requirement that  the executive                                                               
branch serves as a precursor for invoking a grand jury.                                                                         
                                                                                                                                
2:30:19 PM                                                                                                                    
MS. MEADE  explained that  all grand  jury proceedings  require a                                                               
legal advisor (prosecuting attorney)  in the room. The commentary                                                               
related  to  the  executive  branch   is  pinned  on  statute  AS                                                               
12.40.070,   which  states   that  the   prosecutor  must   bring                                                               
everything to  a grand  jury. She cited  Criminal Rule  6(i)  The                                                               
prosecuting   attorney   shall   prepare  all   indictments   and                                                               
presentments  to the  grand jury,  shall attend  its sittings  to                                                               
advise  it  of   its  duty  and  to  examine   witnesses  in  its                                                               
proceedings.                                                                                                                    
                                                                                                                                
2:31:53 PM                                                                                                                    
SENATOR  KIEHL  discussed  the Alaska  Constitutional  Convention                                                               
delegates  concern with runaway  grand juries. He appreciated the                                                               
description  of the  rules  of evidence.  He  struggled with  the                                                               
constitutional  provision stating  that  the power  of the  grand                                                               
jury should never be suspended.                                                                                                 
                                                                                                                                
2:32:57 PM                                                                                                                    
MS. MEADE agreed that the  Alaska Constitution is worded uniquely                                                               
to clarify  the rights  of the citizens.  The statement  that the                                                               
power  of  the  grand  jury  will not  be  suspended  is  further                                                               
evidence  that  citizens  are  not afforded  a  direct  right  to                                                               
confront a grand jury, but  grand juries themselves can determine                                                               
whether  to move  forward with  an  investigation. She  mentioned                                                               
runaway grand juries in other  jurisdictions that did not utilize                                                               
investigative grand juries. She noted  that the court rule change                                                               
does not suspend the power of the grand jury.                                                                                   
                                                                                                                                
2:34:50 PM                                                                                                                    
MR.  SKIDMORE agreed  with Ms.  Meade's  comments. He  understood                                                               
that the  power should  never be  taken from  the grand  jury. He                                                               
added that  the court rules indicate  how the power of  the grand                                                               
jury should be  exercised. He noted that the  amendments create a                                                               
clear path  for grand jury  functions. He agreed that  most other                                                               
rights articulated in the  Constitutional Convention minutes were                                                               
those  of  the  citizens.  A  grand jury  is  not  an  individual                                                               
citizens  right, but  a power of the body  itself. He highlighted                                                               
a  significant case  law  addressing  individuals who  approached                                                               
grand juries in an attempt to influence the operation.                                                                          
                                                                                                                                
2:36:23 PM                                                                                                                    
CHAIR  CLAMAN   commented  that   the  language   shall   not  be                                                               
suspended held for the recent Covid-19 pandemic closures.                                                                       
                                                                                                                                
MR.  SKIDMORE  responded that  the  grand  jury did  continue  to                                                               
function during the pandemic.                                                                                                   
                                                                                                                                
SENATOR KIEHL noted that the  Alaskans reacting negatively to the                                                               
court rule  are concerned that  the gatekeeper rule has  become a                                                               
bar  to entry.  The gatekeeper  has  become a  suspension of  the                                                               
grand jurys power of inviting new cases.                                                                                        
                                                                                                                                
2:37:51 PM                                                                                                                    
                                                                                                                                
        SB  64-CONTROLLED SUB.;HOMICIDE;GOOD TIME DEDUC.                                                                    
                                                                                                                                
2:38:23 PM                                                                                                                    
CHAIR CLAMAN  announced the consideration  of SENATE BILL  NO. 64                                                               
"An  Act relating  to homicide  resulting from  conduct involving                                                               
controlled substances; relating to  the computation of good time;                                                               
and providing for an effective date."                                                                                           
                                                                                                                                
2:39:26 PM                                                                                                                    
MR. SKIDMORE  introduced the  bill. He  remarked that  the annual                                                               
number of  deaths from drug  overdose increased  substantially in                                                               
Alaska.  The increase  in deaths  requires a  response and  SB 64                                                               
provides one  piece of the  proposed response. He  explained that                                                               
the provision in  question relates to the  crime of manslaughter.                                                               
If  a  person knowingly  manufactures  or  delivers a  controlled                                                               
substance in violation  of other state laws and a  person dies as                                                               
the direct result of the  ingestion of that controlled substance,                                                               
the  crime  is  classified  as manslaughter,  a  Class  A  felony                                                               
offense. Manslaughter  has a  presumptive range  of four-to-seven                                                               
years for a first-time offender and a maximum of twenty years.                                                                  
                                                                                                                                
MR. SKIDMORE explained that the  bill would lift the provision of                                                               
manslaughter  and move  it to  murder in  the second  degree. The                                                               
bill  lifts the  provision because  of the  dramatic increase  in                                                               
drug overdose  deaths. He  noted that the  increase in  deaths is                                                               
driven by fentanyl and methamphetamine poisoning.                                                                               
                                                                                                                                
2:41:54 PM                                                                                                                    
MR. SKIDMORE pointed to a  document in committee members' packets                                                               
titled,   Alaska   Department  of   Health  2021   Drug  Overdose                                                               
Mortality Update."  He moved  to the graph  on page  5, "Overdose                                                               
Death Rates by Drug (2012-2021)."  He quoted the language on page                                                               
6,  of the  drugs evaluated in the report,  the largest increases                                                               
were  seen in  overdose  deaths involving  fentanyl (a  synthetic                                                               
opioid) and  methamphetamine (a psychostimulant),  increasing 150                                                               
percent  and  148  percent,  respectively.   He  added  that  the                                                               
ability to prosecute  overdose death cases is  limited. The court                                                               
must prove that  the drugs supplied were a direct  cause of death                                                               
for the  person involved. The  drugs must  be traced back  to the                                                               
individual who  provided them. The  bill attempts to  authorize a                                                               
greater penalty associated with engaging in the conduct.                                                                        
                                                                                                                                
2:44:33 PM                                                                                                                    
CHAIR CLAMAN moved to invited testimony.                                                                                        
                                                                                                                                
2:45:03 PM                                                                                                                    
SANDY SNODGRASS,  CEO, AK  Fentanyl Response  Project, Anchorage,                                                               
Alaska,  testified in  support of  SB 64.  She reported  that her                                                               
son,  Robert  Bruce Snodgrass  died  from  fentanyl poisoning  on                                                               
October  21, 2021,  in Anchorage.  Since  viewing the  toxicology                                                               
report  following   her  sons    death,  she  works   in  various                                                               
capacities to  create a  response to  the fentanyl  epidemic. She                                                               
utilizes prevention  and outreach efforts  and states that  SB 64                                                               
addresses public safety. She expressed  hope that the legislature                                                               
will  consider   moving  the  bill  along   to  protect  Alaska's                                                               
children. She opined  that SB 64 could be used  by prosecutors to                                                               
negotiate   with  lower-level   drug  dealers.   She  seeks   the                                                               
prosecution of drug trafficking  organizations that are targeting                                                               
Alaskans  because of  the  inflated prices  of  illicit drugs  in                                                               
rural areas.  She mentioned a  newer drug known as  xylazine that                                                               
is gaining momentum  as another dangerous substance  and is often                                                               
paired with fentanyl.                                                                                                           
                                                                                                                                
CHAIR CLAMAN  expressed sorrow for  the death of  Ms. Snodgrasss                                                                
son.                                                                                                                            
                                                                                                                                
2:49:01 PM                                                                                                                    
SENATOR  KAUFMAN referred  to an  earlier  conversation with  Ms.                                                               
Snodgrass  where she  compared drug  overdose deaths  to aircraft                                                               
crashes.  He asked  her to  share the  comparison with  the other                                                               
committee members.                                                                                                              
                                                                                                                                
MS. SNODGRASS  offered the estimate  that 300 Americans  die from                                                               
drug-related  overdoses  every  day  in the  United  States.  She                                                               
pointed out that  300 people can travel on a  jumbo jet therefore                                                               
the  daily deaths  were analogous  to  a daily  plane crash.  She                                                               
presumed that the country would  cease all flying operations if a                                                               
jet crashed, killing  300 people every day.  She acknowledged the                                                               
lack  of response  to the  increase in  drug overdose  deaths and                                                               
fentanyl poisoning.                                                                                                             
                                                                                                                                
SENATOR KAUFMAN  offered to connect Ms.  Snodgrass with community                                                               
councils  and   other  community  meetings.  He   asked  how  the                                                               
legislature might otherwise signal the issue in Alaska.                                                                         
                                                                                                                                
MS.  SNODGRASS  reminded  the   committee  about  her  grassroots                                                               
efforts through  the AK Fentanyl  Response Project,  a community-                                                               
based  organization  used  to  educate  Alaskans  about  fentanyl                                                               
poisoning.  She noted  that her  organization works  closely with                                                               
the  Alaska  Drug  Enforcement Administration  (DEA)  to  provide                                                               
Naloxone  training and  distribution.  She  provided an  anecdote                                                               
about utilizing Naloxone to save a life in Washington DC.                                                                       
                                                                                                                                
2:53:13 PM                                                                                                                    
CHAIR  CLAMAN appreciated  having  Naloxone  available. He  asked                                                               
about  her   priority  of   targeting  larger   drug  trafficking                                                               
organizations  versus  street  dealers.  He  wondered  about  the                                                               
distinction.                                                                                                                    
                                                                                                                                
MS. SNODGRASS replied that the person  who sold her son the drugs                                                               
that  led to  his death  was likely  a person  with an  addiction                                                               
disorder. She  did not  believe that  prison was  the appropriate                                                               
place  for  low-level  drug  dealers  unless  they  have  a  long                                                               
criminal history and  are felons. She stated that  the person who                                                               
sold or shared drugs with her  son was likely a friend who needed                                                               
help  with addiction  rather than  a prison  sentence. She  hoped                                                               
that large drug distribution organizations  would be disabled and                                                               
that people who profit from suffering would go to prison.                                                                       
                                                                                                                                
2:54:40 PM                                                                                                                    
CHAIR CLAMAN opened public testimony.                                                                                           
                                                                                                                                
KAREN   MALCOLM-SMITH,  Founder,   the  David   Dylan  Foundation                                                               
testified  that she  is  a  member of  the  Alaska Mental  Health                                                               
Advisory Board,  but she  clarified that  her statement  does not                                                               
reflect  the  opinions  or recommendations  of  that  board.  She                                                               
informed  the committee  that her  25-year-old son,  Dylan passed                                                               
away in  2017 from a drug  overdose death. She started  the David                                                               
Dylan Foundation to provide education about fentanyl poisoning.                                                                 
                                                                                                                                
CHAIR  CLAMAN offered  his  condolences  for Ms.  Malcolm-Smiths                                                                
loss.                                                                                                                           
                                                                                                                                
3:01:52 PM                                                                                                                    
STACY EISERT, representing self,  Anchorage, Alaska, testified in                                                               
support of SB 64  and HB 66. She stated that she  lost her son to                                                               
fentanyl poisoning.  On March  10, 2021,  her son  ingested drugs                                                               
laced with fentanyl. She spoke about  the tragic loss of her son.                                                               
She perceived  that her  sons  death  was an  act of  homicide by                                                               
people  who  knowingly  delivered  a  controlled  substance.  She                                                               
wondered how many more lives would  be ruined by the blatant acts                                                               
of homicide.  She advocated for  consequences for the  actions of                                                               
trafficking dangerous substances.                                                                                               
                                                                                                                                
CHAIR CLAMAN offered his condolences for Ms. Eiserts loss.                                                                      
                                                                                                                                
3:05:45 PM                                                                                                                    
JULIE BOUCHARD,  representing self, Palmer, Alaska,  testified in                                                               
support  of SB  64. She  reported  that her  21-year-old son  was                                                               
killed by  a lethal  dose of  fentanyl. She  held the  person who                                                               
sold her son  drugs responsible for his death. She  noted that an                                                               
open trooper investigation was ongoing,  which prevented her from                                                               
sharing  too  many  details.  She  reported  knowing  five  other                                                               
Alaskan  mothers who  lost children  to  fentanyl poisoning.  She                                                               
remarked  about the  58 percent  increase  in fentanyl  poisoning                                                               
deaths  in Alaska.  She believed  that a  person found  guilty of                                                               
selling fentanyl-laced  products should  be charged  with second-                                                               
degree murder.                                                                                                                  
                                                                                                                                
CHAIR CLAMAN offered his condolences for Ms. Bouchards loss.                                                                    
                                                                                                                                
3:08:48 PM                                                                                                                    
CHAIR CLAMAN closed public testimony and held the bill for                                                                      
further review.                                                                                                                 
                                                                                                                                
3:09:35 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Claman adjourned the Senate Judiciary Standing Committee                                                                  
meeting at 3:09 p.m.                                                                                                            

Document Name Date/Time Subjects
Order No. 1993 - Amending Criminal Rule 6 and Criminal Rule 6.1 concerning grand jury 12.1.2022.pdf SJUD 3/22/2023 1:30:00 PM
Order No. 2000 - Amending the Criminal Rule 6.1 concerning grand jury 2.6.2023.pdf SJUD 3/22/2023 1:30:00 PM
SB 64 version A 2.8.2023.PDF SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Transmittal Letter version A 2.7.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Highlights version A 2.8.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Sectional Analysis version A 2.8.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Additional Document - Alaska Department of Health Drug Overdose Mortality Update 2021 7.25.2022.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Additional Document - Controlled Substances Reference Chart 3.1.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DOA-OPA 2.1.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DOA-PDA 2.1.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DOC-IDO 1.28.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DFCS-JJ 1.30.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note DPS-ABI 1.24.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64
SB 64 Fiscal Note LAW-CRIM 1.4.2023.pdf SJUD 3/22/2023 1:30:00 PM
SJUD 3/31/2023 1:30:00 PM
SB 64