04/15/2019 06:00 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB32 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 32 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 15, 2019
6:02 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator John Coghill, Vice Chair
Senator Lora Reinbold
Senator Peter Micciche
Senator Scott Kawasaki
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 32
"An Act relating to criminal law and procedure; relating to
controlled substances; relating to probation; relating to
sentencing; relating to reports of involuntary commitment;
amending Rule 6, Alaska Rules of Criminal Procedure; and
providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 32
SHORT TITLE: CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/23/19 (S) READ THE FIRST TIME - REFERRALS
01/23/19 (S) JUD, FIN
02/06/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/06/19 (S) Heard & Held
02/06/19 (S) MINUTE(JUD)
02/08/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/08/19 (S) Heard & Held
02/08/19 (S) MINUTE(JUD)
02/09/19 (S) JUD AT 1:00 PM BELTZ 105 (TSBldg)
02/09/19 (S) Heard & Held
02/09/19 (S) MINUTE(JUD)
02/11/19 (S) MOTION TO DISCHARGE FROM JUD COMMITTEE
02/11/19 (S) DISCHARGED FROM JUD COMMITTEE U/C
02/11/19 (S) STA REFERRAL ADDED
02/11/19 (S) STA REPLACES JUD REFERRAL
02/11/19 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/11/19 (S) <Bill Hearing Canceled>
03/05/19 (S) STA AT 3:30 PM BUTROVICH 205
03/05/19 (S) Heard & Held
03/05/19 (S) MINUTE(STA)
04/04/19 (S) STA AT 1:30 PM BUTROVICH 205
04/04/19 (S) Heard & Held
04/04/19 (S) MINUTE(STA)
04/09/19 (S) STA AT 3:30 PM BUTROVICH 205
04/09/19 (S) Heard & Held
04/09/19 (S) MINUTE(STA)
04/11/19 (S) STA AT 3:30 PM BUTROVICH 205
04/11/19 (S) Heard & Held
04/11/19 (S) MINUTE(STA)
04/15/19 (S) STA AT 6:00 PM BUTROVICH 205
WITNESS REGISTER
LARRI SANCHER, representing self
Homer, Alaska
POSITION STATEMENT: Stated that she was calling in support of SB
32.
CRIS EICHENLAUB, representing self
Eagle River
POSITION STATEMENT: Stated full support for SB 32 and the
Governor "guiding our ship."
KAREN FOSTER, representing self
Anchorage, Alaska
POSITION STATEMENT: Stated support for SB 32 to balance the
scales of justice.
JAQUELINE BOCK, representing self
Sterling, Alaska
POSITION STATEMENT: Stated support for repealing Senate Bill 91
and implementing SB 32.
DON HABEGER
Juneau Reentry Coalition
Juneau, Alaska
POSITION STATEMENT: During the hearing on SB 32, asked the
committee not to lose sight of the principle of reformation.
LYNETTE CLARK, representing self
Fox, Alaska
POSITION STATEMENT: Stated that she is in full support of SB 32.
GENE BOCK, representing self
Sterling, Alaska
POSITION STATEMENT: Stated full support for SB 32 and warned
that if the problem isn't addressed, "people are just going to
stand there and start shooting these people."
CATHY SWANSON, representing self
Juneau, Alaska
POSITION STATEMENT: Stated support for SB 32 and the repeal of
Senate Bill 91.
KARRI DAVIDSON, representing self
Sterling, Alaska
POSITION STATEMENT: Testified that she has seen the damage that
Senate Bill 91 has done and she views SB 32 and the Governor's
other crime bills as very important.
CHRISTINE HEINTZ, representing self
Sterling, Alaska
POSITION STATEMENT: Stated support for SB 32 and the repeal of
Senate Bill 91.
KELLY MARRE, representing self
Wasilla, Alaska
POSITION STATEMENT: Testified that SB 32 is being rushed through
without a lot of supporting data on criminal justice reform
which was the basis for Senate Bill 91.
KARA NELSON, representing self
Juneau, Alaska
POSITION STATEMENT: Stated opposition to SB 32.
BOB SWANSON, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 32.
LINDA SETTERBERG, representing self
Fairbanks, Alaska
POSITION STATEMENT: During the hearing on SB 32, asked the
committee to give SB 91 a chance to work.
LAURA MCGINNIS, representing self
Kenai, Alaska
POSITION STATEMENT: Testified in support of SB 32.
KIMBERLY CLARKTHERY, representing self
Anchor Point, Alaska
POSITION STATEMENT: Testified in support of SB 32.
ACTION NARRATIVE
6:02:42 PM6:02:42 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 6:02 p.m. Present at the call to
order were Senators Coghill, Kawasaki, Micciche, and Chair
Shower. Senator Reinbold arrived soon thereafter.
SB 32-CRIMES; SENTENCING;MENT. ILLNESS;EVIDENCE
6:03:18 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 32
"An Act relating to criminal law and procedure; relating to
controlled substances; relating to probation; relating to
sentencing; relating to reports of involuntary commitment;
amending Rule 6, Alaska Rules of Criminal Procedure; and
providing for an effective date."
6:03:42 PM
CHAIR SHOWER opened public testimony on SB 32.
SENATOR REINBOLD joined the committee.
6:04:45 PM
EARL LACKEY, representing self, MatSu, said he was testifying in
support of SB 32. "The Act definitely straightens out some
issues that we've had over the last couple of years," he said.
6:05:30 PM
KATIE BOTZ, representing self, Juneau, stated that she supports
SB 32. She expressed frustration about there being no
consequences for criminals and opined that people on probation
need to be on ankle monitors. She said she understands that the
budget is a priority for legislators but she has a problem with
the crime bills being held hostage in the Senate Finance
Committee.
SENATOR MICCICHE thanked Ms. Botz for her dedication and focus
on the cause to reduce crime.
6:07:17 PM
LARRI SANCHER, representing self, Homer, stated that she was
calling in support of SB 32. "We need to do something about our
crime."
6:07:34 PM
CRIS EICHENLAUB, representing self, Eagle River, stated full
support for SB 32 and the Governor "guiding our ship." He
supports anything that repeals Senate Bill 91.
6:08:31 PM
KAREN FOSTER, representing self, Anchorage, stated support for
SB 32 to balance the scales of justice. She related that she is
the mother of Bonnie Craig who was brutally raped and murdered
in September 1984 while she was on her way to a class at the
University of Alaska Anchorage. She cited a study that found
that there is an 80 percent chance that someone who breaks into
a home will go on to commit rape or murder. She maintained that
if Alaska collected DNA on all felony arrests, her daughter's
murder could have been solved in months instead of 17 years. She
emphasized that a DNA profile for CODIS does not have sensitive
personal information; it is just a series of zeros and ones.
6:12:34 PM
MARSHA OFF, representing self, Fairbanks, stated opposition to
SB 32 and urged the legislature to allow more time to evaluate
the existing criminal justice reforms. She talked about the
supports in her community and the people who are coming out of
prison who are working to turn their lives around. She said
we're seeing people who have received treatment become sober and
engaged. Some are going to school. She urged legislators to look
at what is working rather than focusing on the negative.
6:13:53 PM
JAQUELINE BOCK, representing self, Sterling, stated support for
repealing Senate Bill 91 and implementing SB 32. She related
that a drug house cropped up in her neighborhood three years ago
and what goes on there is "beyond disgusting." She has lived in
Alaska for over 60 years and she finds the current state of
crime "sickening." She stressed that Alaskans should not be
afraid in their own homes or worry about getting run over by a
"drugged out" driver if they go for a walk in their
neighborhood. She described a litany of things she and her
neighbors are faced with constantly as a result of having a drug
house in the neighborhood. She said it is extremely important to
hold offenders accountable for their crimes and the current laws
do not do this. Instead, she said the current crime laws attract
criminals, increase adverse childhood events, increase trauma,
make more victims, increase costs, and they do not rehabilitate.
These people think Alaska's laws are a joke, she said.
SENATOR MICCICHE thanked Ms. Bock for calling and for her
patience. He related that the Bocks are in the middle of one of
the neighborhoods he's talked about that is filled with "drug
houses." They have complained hundreds of times, but there has
been no response because the tools to deal with the problem are
not available.
6:17:33 PM
DON HABEGER, Juneau Reentry Coalition, Juneau, stated that JRC's
mission is public safety through successful reentry into
communities. JRC is targeting the reduction in recidivism by
strengthening community supports such as case management, peer
support, support of housing, job training, and employment
assistance, all to help people get back on their feet and become
productive community members. He stated that it is often cheaper
and more effective to treat people with behavioral health
disorders in the community than through longer prison terms. He
stressed that JRC believes that current efforts are showing
results and the Department of Corrections' report to the
legislature indicated that recidivism rates for the state are
decreasing. He concluded by asking the committee not to lose
sight of the principle of reformation as they wrestle with the
need for public and community condemnation.
6:18:52 PM
LYNETTE CLARK, representing self, Fox, stated that she is in
full support of SB 32 and she appreciates the work the various
committees are doing to address the crime problem.
6:20:20 PM
GENE BOCK, representing self, Sterling, described seeing a man
who had just been released from jail leave the drug house on his
street, break into a neighbor's house, steal a jack handle, and
try to break into his house. He related other "revolving door"
scenarios. He stated full support for SB 32 and warned that if
the problem isn't addressed, "people are just going to stand
there and start shooting these people."
6:22:50 PM
CATHY SWANSON, representing self, Juneau, stated support for SB
32 and the repeal of Senate Bill 91. She related a personal
experience to demonstrate that criminals are completely
emboldened by the lack of consequences for their crimes. Some
people don't even bother to call the police when they witness or
are the victim of a crime because offenders bounce right back
out. She called pretrial supervision a joke because there isn't
any supervision. She said she wants victims to see justice and
people who are struggling with addiction to stay in jail and get
help. They should also do something to contribute to their care.
She said she hates to leave Alaska but she doesn't care to live
in Juneau and more.
6:26:28 PM
KARRI DAVIDSON, representing self, Sterling, reported that she
runs both the Sterling and Kodiak watch pages and is a member of
a number of other community watch pages. She said she has seen
the damage that Senate Bill 91 has done and she views SB 32 and
the Governor's other crime bills as very important. It is
getting dangerous for people to live in their homes. "The same
people that are busted one day for burglaries and stealing
peoples' car, get thrown in jail and they're out on $25 bail.
They don't even have time to straighten up and they're right
back in the same neighborhood committing more serious crimes."
She said it's getting dangerous and people feel they are going
to have to start protecting themselves. We don't want good
Alaskans to end up in the system because they had to resort to
shooting somebody, she said. "Please help us. You need to help
good Alaskans that are trying to just make a living and live
peacefully."
SENATOR MICCICHE thanked Ms. Davidson for the work she does for
the Kenai and Kodiak communities.
6:28:52 PM
CHRISTINE HEINTZ, representing self, Sterling, related her
experience being a burglary victim by a repeat offender. Her
possessions were for sale on Facebook and no charges have been
filed. She stressed that she wouldn't be a victim if that
offender had been in jail where he belonged. She described
having a drug house at the end of the street and stressed that
law enforcement does nothing. The neighbors are responding by
purchasing cameras and keeping their guns loaded. We need
somebody to do something, she said. She stated support for SB 32
and the repeal of Senate Bill 91.
6:31:07 PM
KELLY MARRE, representing self, Wasilla, asked the committee to
keep in mind as they review SB 32, that Alaskans want healthier
and safer communities. She acknowledged the dissatisfaction with
Senate Bill 91 and asked the committee to remember that it
hasn't been in place long enough to collect sufficient data to
determine whether it is or is not successful. She said she
believes that SB 32 is being rushed through without a lot of
supporting data on criminal justice reform which was the basis
for Senate Bill 91. This included research on the success of
using a therapeutic approach to reduce recidivism. She
highlighted the success of Wellness Court that focuses on
recovery and funding substance abuse treatment and reentry
programs. She warned that passing SB 32 as currently drafted
will result in an increase of arrests for minor drug possession.
This will be costly but it won't address the underlying cause,
which is likely a substance abuse disorder or mental illness.
She emphasized the need for community-based support to help
these people make better choices and become productive members
of society. This includes case management, peer support, support
of housing, training, and employment assistance. She asked if
legislators were looking at the evidence that shows that these
supports are effective. It is also less costly than
incarceration. She said she understands there is a drug epidemic
in Alaska, but these people need help overcoming their
addictions.
6:33:36 PM
CHAIR SHOWER called an at ease awaiting further testimony.
6:45:12 PM
CHAIR SHOWER reconvened the meeting.
6:45:21 PM
KARA NELSON, representing self, Juneau, stated opposition to SB
[32.] She related that as the former director of Haven House
Juneau, she has seen that investing in people's lives through
community programs and support is more transformative than a
more punitive approach. Alaska was one of 30 states that passed
criminal justice reform because the old laws weren't working.
Repealing criminal justice reform now will do more harm than
good, thus her opposition.
CHAIR SHOWER asked her to clarify that she opposed SB 32, not SB
23 as she initially stated.
MS. NELSON confirmed that her testimony was in opposition to SB
32.
6:47:20 PM
BOB SWANSON, representing self, Juneau, stated strong support
for SB 32. He understands that drug addicts need treatment, but
there should be a consequence when a crime is committed to
support that addiction. The problem with the current law is that
people are not held responsible for their actions. His
experience in Juneau is that these people are back on the street
and reoffending at a phenomenal rate. He urged the committee to
consider the public's losses when they look at the cost of
increased incarceration. His family alone lost $30,000. He
reiterated support for SB 32 and having consequences for
criminal behavior.
6:49:23 PM
CHAIR SHOWER called an at ease awaiting additional testimony.
6:57:25 PM
CHAIR SHOWER reconvened the meeting.
6:57:34 PM
LINDA SETTERBERG, representing self, Fairbanks, shared that as
the parent of a child with a co-occurring disorder, she believes
that Senate Bill 91 should be given a chance to work. She
related that her son has been in treatment several times and the
last time he was in a manic phase of his bipolar disorder he was
incarcerated and falsely charged with a felony DUI. He spent a
lot of time in jail and he was not guilty. She emphasized that
people who are suffering from an addiction or have a mental
disorder need help, not jail time.
6:59:25 PM
LAURA MCGINNIS, representing self, Kenai, stated strong support
for SB 32. She said she understands the heart of Senate Bill 91
but it had far-reaching consequences that were not fully
understood. SB 32 solves that problem. She related that because
of the existing law, her son has not been held accountable for
any of his actions despite having two DUIs. He and others like
him will never understand they need help with their addictions
until there are consequences and accountability for the choices
they make. She acknowledged that mental health disorders are an
entirely separate problem than making a conscious choice to
break the law, whether or not it is addiction motivated.
7:00:58 PM
KIMBERLY CLARKTHERY, representing self, Anchor Point, testified
in support of SB 32. She related that the only thing that saved
an addicted family member was "doing hard jail time." The slap
on the wrist didn't work. These people need to be behind bars
where they'll have a chance to get clean, she said.
CHAIR SHOWER closed public testimony on SB 32 and advised that
written comments could be sent to
senate.state.affairs.akleg.gov.
7:03:18 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 7:03 pm.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA MEMO.pdf |
SSTA 4/15/2019 6:00:00 PM |
AGENDA |
| SB 32 Transmittal Letter.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB32 - Version A.pdf |
SJUD 2/6/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM |
SB 32 |
| SB 32 - Classification and Sentencing Highilghts.pdf |
SJUD 2/6/2019 1:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB 32 - Classification and Sentencing Sectional.pdf |
SFIN 4/24/2019 1:30:00 PM SJUD 2/8/2019 1:30:00 PM SJUD 2/9/2019 1:00:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM |
SB 32 |
| SB 32 - FN#1 - DPS.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN#2 - DOL.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN#5 - DHSS.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN#6 - DOC.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN - DOA - Public Advocacy.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN - Court System.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB 32 - FN - DOA - Public Defender Agency.pdf |
SSTA 4/4/2019 1:30:00 PM SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM |
SB 32 |
| SB91-GOA Bills Matrix 2-22-19 - DRAFT STA CS.pdf |
SSTA 4/9/2019 3:30:00 PM SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |
| SB 32 - Leg. Legal Memo.pdf |
SSTA 4/11/2019 3:30:00 PM SSTA 4/15/2019 6:00:00 PM SSTA 4/16/2019 3:30:00 PM SSTA 4/18/2019 1:30:00 PM |
SB 32 |