SENATE BILL NO. 64 "An Act establishing the Alaska Sentencing Commission; relating to jail-time credit for offenders in court- ordered treatment programs; allowing a reduction of penalties for offenders successfully completing court- ordered treatment programs for persons convicted of driving while under the influence or refusing to submit to a chemical test; relating to court termination of a revocation of a person's driver's license; relating to limitation of drivers' licenses; relating to conditions of probation and parole; and providing for an effective date." 6:15:54 PM Vice-Chair Fairclough MOVED to ADOPT the proposed committee substitute for CS SB 65 (FIN), Work Draft 28-LS0116/S (Gardner, 3/10/14). There being NO OBJECTION, it was so ordered. 6:16:53 PM CHRISTINE MARASIGAN, STAFF, SENATOR KEVIN MEYER, explained the changes in the CS. She referred to a document that outlined the changes (copy on file): SFIN CS for S8 64 (JUO) makes the following changes: •Increases the felony theft level from $750 to $1,200 There was consensus to move the felony theft level. •Moves the 24/7 Sobriety testing program from Department of Corrections to the Department of Health and Social Services* There is a pilot program currently in Health and Social Services, a three year pilot project for 24/7 alcohol/drug testing in the communities of Anchorage/Matsu/Fairbanks •Moves the Recidivism Reduction Fund from Department of Corrections to the Department of Health and Social Services* As we heard in public testimony from the Department of Corrections, they do not have granting/receipt authority to do this and would have to ramp up some infrastructure to do so. The program will be a better fit in HSS. •Completely removes the Alaska Criminal Justice Commission* After committee discussion it was pointed out that some of the same outcomes could be accomplished with a taskforce or some other means rather than have another ongoing commission, which costs money that could be better used in programming. There are several organizations that could be tasked with evaluating or studying recidivism in Alaska-in fact some already have: UAA Justice Center, Alaska Native Justice Center, Alaska Immigration Justice Project, the Recidivism Working Group, or ISER. •Adds language to correctional screening for fetal alcohol syndrome, fetal alcohol spectrum disorder or another brain-based disorder. This was done in consultation with both co-chairs, the vice chair and the Alaska Mental Trust Authority. •Changes should result in a substantially reduced fiscal note from the Department of Corrections, a new fiscal note from the Department of Health and Social Services that while it will note costs, will be less than what the Department of Corrections proposed. It is anticipated that the Alaska Court System would submit a zero fiscal note. 6:20:05 PM Co-Chair Meyer noted that the new fiscal note for the current bill version had yet to be presented to the committee. Ms. Marasigan replied that new fiscal notes would reflect savings as a result of the work done in conjunction with the Department of Health and Social Services (DHSS) and Department of Corrections (DOC). She noted that staff from each finance member's office contributed to providing the language necessary to realize cost savings. She understood that the elimination of the Alaska Criminal Justice Commission would result in a zero fiscal note from the court system. Co-Chair Meyer stated that the fiscal notes would be available in the morning. 6:22:16 PM Co-Chair Kelly requested information regarding the necessary language needed to separate property crimes from the $500 theft level. 6:23:30 PM JORDON SHILLING, STAFF, SENATOR JOHN COGHILL, referred to a graph that illustrated the breakdown of the number of charges under specific statutes. He said he would provide further information on the subject. 6:24:24 PM Ms. Marasigan interjected that she had done some research which had revealed that the number of crimes that were committed that involved property damage, and reached the $500 threshold, were substantially lower than theft. 6:24:57 PM Co-Chair Kelly asked if the property crime level had been moved up as well as the theft. Mr. Shilling replied in the affirmative. SB 64 was HEARD and HELD in committee for further consideration.