HOUSE BILL NO. 359 "An Act relating to probation and the offense of minor consuming or in possession or control of alcohol." 3:02:07 PM Co-Chair Chenault MOVED to ADOPT Work Draft for HB 359 (25- LS1377\L, Luckhaupt, 2/22/08). There being NO OBJECTION, it was so ordered. EMILY BEATLEY, STAFF, REPRESENTATIVE JAY RAMRAS, (SPONSOR), explained HB 359. Under current minor consuming statute, the Court is required to put a convicted person on probation for one year from the date of conviction, or until the person reaches the age of 21, whichever is later. Probation in this case is automatic. House Bill 359 adds a new section under statute which gives the courts the authority to terminate probation of those convicted of minor consuming under certain conditions. Currently minors under probation are not allowed to enter into the military, which has become the largest issue connected with HB 359. Other individuals will benefit from the proposal. Representative Gara said the bill terminates probation early but does not get rid of the conviction. He wanted more information on how the military views probation. Ms. Beatley said each branch of the military has different issues with probation. A person can't enlist in the Marine Corps as an alternative to probation, for example. Representative Gara asked how long probation was for a minor consuming. Ms. Beatley said minor consuming does not become a class B misdemeanor until the third offense, when it is considered habitual; at that time it falls under the Division of Juvenile Justice. For first and second consumers, the probation is mandatory and lasts until age 21, which could be a very long probation. The courts have no authority to terminate that probation. 3:07:13 PM Representative Hawker pointed out areas that he thought needed amending in the bill. Of the criteria that could be used to lift the probation, he had difficulty with page 2, lines 14-15, "continuance of the probation which interfere with the rehabilitation and growth of the person." He thought the language too subjective and indefinable. Ms. Beatley replied that the language intends to give discretion to the court in determining what "rehabilitation and growth" would be. Representative Hawker thought the line preceding, "The person has substantially complied with the other conditions of probation," would be sufficient. If anything was added, he thought it should be a positive statement, such as "Continuance of probation would not be in the best interest of the person." Co-Chair Meyer agreed and asked for help drafting less subjective language. 3:11:13 PM Representative Gara asked if the bill applies to repeat or also to first offense. Ms. Beatley replied that it applies to first and second offenses. The third offense is a class B misdemeanor and would fall under Juvenile Justice; the first and second fall under district court. Representative Gara stated that he also has a problem with the language "rehabilitation" in the second to last line. 3:12:32 PM Representative Thomas ruminated over how young soldiers should be dealt with after coming home from a tour of duty. He thought probation on top of their other difficulties was too much. Ms. Beatley said that part of the reason the bill came about was that good kids make mistakes. The bill offers them a chance to apply for termination of probation. 3:14:28 PM BRIGADIER GENERAL THOMAS KATKUS, COMMANDER, ALASKA NATIONAL GUARD (Testified via teleconference), testified in favor of HB 359. Without the bill there are no options for a person with this history moving forward into the military. A person on active probation cannot join. The bill gives options to those who may have made a mistake early in life. There are less people fully qualified to join the military because of early issues. 3:17:43 PM Representative Gara wondered why the military cares whether someone is on probation for something that is not a crime, since first and second offenses are not criminal offenses. Gen. Katkus said a person cannot be on probation for a crime; the military reads this violation as a crime. Representative Gara wondered if the standard was the same for all four branches of the military. Gen. Katkus said the National Guard abides by Army standards. Representative Gara asked if there was any flexibility. Gen. Katkus replied that the military cannot waive regarding probation. There was a discussion about conditions under which criminal conviction could be waived. 3:21:45 PM QUINLAN STEINER, DIRECTOR, PUBLIC DEFENDER AGENCY, DEPARTMENT OF ADMINISTRATION (Testified via teleconference), spoke in favor of HB 359. He thought it would have significant impact. Representative Thomas queried what the average probation time was. Mr. Steiner responded that probation is automatic until 21 on this particular offense. If it were a misdemeanor for a juvenile for some other kind of offense, the probation could vary. Co-Chair Meyer thought this was a loophole that needed to be looked at. Representative Gara was amazed that one drink could result in a mandatory five- year probation. 3:24:11 PM PUBLIC TESTIMONY CLOSED. Representative Hawker said he would work on an amendment with staff. Co-Chair Chenault referred to the fiscal notes. DOUG WOOLIVER, ADMINISTRATIVE ATTORNEY, ALASKA COURT SYSTEM, said there was an error on one of the notes. Co-Chair Chenault wondered if there should be a fiscal note from Department of Health and Social Services or Department of Corrections. Ms. Beatley said the bill specifically targets first and second offenders, neither of which falls under Corrections or Juvenile Justice. Co-Chair Chenault wanted more information. Co-Chair Meyer said fiscal note #1 by Judiciary could be ignored. 3:27:26 PM Representative Gara asked if Public Defenders represents people with first and second minor consuming charges. Mr. Steiner answered that they do not currently represent people because the statute was set up that way. They do get inquiries. Representative Gara queried whether any public agency represents the kids if they do not have money. Mr. Steiner was not aware of any. Representative Gara questioned the legality of imposing probation for something that is not a crime. Mr. Steiner replied that it appears to be legal. He referred to a case where mandatory probations had been challenged. HB 359 was HEARD and HELD in Committee for further consideration. 3:29:14 PM