SB 56 - RECLASSIFYING CERTAIN DRUG OFFENSES  1:13:00 PM CHAIR KELLER announced that the first order of business would be CS FOR SENATE BILL NO. 56(JUD), "An Act relating to certain crimes involving controlled substances; and providing for an effective date." 1:13:16 PM CHARLES KOPP, Staff, Senator Fred Dyson, Alaska State Legislature, speaking on behalf of the sponsor of SB 56, Senator Dyson, explained that the sponsor has provided for inclusion in members' packets a proposed amendment labeled 28-LS0355\C.9, Luckhaupt/Strasbaugh, 4/9/13, intended to address a concern expressed during the previous hearing on the bill that it would lower the penalty [in certain situations] for possessing the schedule IA controlled substances used by sexual predators to incapacitate their victims during sexual assault and sexual abuse of a minor crimes. Lowering the penalty for possessing such schedule IA controlled substances - enumerated in [AS 11.71.140(e)] - does not comport with the sponsor's intent. Under this proposed amendment [later named Amendment 3], the penalty for possessing such schedule IA controlled substances would remain a class C felony regardless of how many crimes of misconduct involving a controlled substance in the first through fifth degrees the perpetrator has previously been convicted of. He offered his understanding - based on a note he said he'd received from the executive director of the Alaska Network on Domestic Violence & Sexual Assault (ANDVSA) - that the ANDVSA would be in support of SB 56 with the adoption of [Amendment 3], which read: Page 2, lines 1 - 9: Delete all material and insert: "(A) any amount of a (i) schedule IA controlled substance listed  in AS 11.71.140(e); or (ii) schedule IA or IIA controlled substance other than [EXCEPT] a controlled substance listed in (i) of this subparagraph, and, two or more  times within the preceding five years, the person was  convicted under AS 11.71.010 - 11.71.050 or a law or  ordinance of this or another jurisdiction with  elements similar to those of an offense under  AS 11.71.010 - 11.71.050 [AS 11.71.150(e)(11) - (15)];" Page 3, lines 1 - 7: Delete all material and insert: "(H) 15 or more tablets, ampules, or  syrettes containing a schedule IA or IIA controlled  substance other than a controlled substance listed in  AS 11.71.140(e); or  (I) one or more preparations, compounds,  mixtures, or substances of an aggregate weight of  (i) three grams or more containing a  schedule IA controlled substance other than a  controlled substance listed in AS 11.71.140(d)(11) or  11.71.140(e) or a schedule IIA controlled substance  other than a controlled substance listed in  AS 11.71.150(b)(12);" Page 5, lines 3 - 9: Delete all material and insert: "(F) less than 15 tablets, ampules, or  syrettes containing a schedule IA or IIA controlled  substance other than a controlled substance listed in  AS 11.71.140(e); or  (G) one or more preparations, compounds,  mixtures, or substances of an aggregate weight of less  than  (i) three grams containing a schedule IA  controlled substance other than a controlled substance  listed in AS 11.71.140(d)(11) or 11.71.140(e) or a  schedule IIA controlled substance other than a  controlled substance listed in AS 11.71.150(b)(12);" 1:14:40 PM MR. KOPP then referred to the proposed amendment labeled 28- LS0355\C.6, Strasbaugh, 4/5/13, already included in members' packets, and explained that it's intended to address a concern that the proposed time period of five years during which previous convictions could be considered for purposes of charging a person with a class C felony under the bill's proposed AS 11.71.040(a)(3)(A), is too short in terms of accurately reflecting whether the person has indeed reformed his/her behavior. This proposed amendment [later named Amendment 1] read: Page 2, line 2: Delete "five" Insert "seven" MR. KOPP also referred to the proposed amendment labeled 28- LS0355\C.7, Strasbaugh, 4/5/13, already included in members' packets, and explained that it's intended to ensure that for purposes of sentencing those convicted under the bill's proposed AS 11.71.050 - addressing the crime of misconduct involving a controlled substance in the fifth degree - the court shall [in certain circumstances] order defendants to satisfy the screening, evaluation, referral, and program requirements of an alcohol safety action program or a drug abuse evaluation program. This proposed amendment [later named Amendment 2] read: Page 5, following line 15: Insert a new bill section to read:  "* Sec. 3. AS 12.55.135 is amended by adding a new subsection to read: (l) A defendant convicted of misconduct involving a controlled substance in the fifth degree shall be ordered to satisfy the screening, evaluation, referral, and program requirements of an alcohol safety action or drug abuse evaluation program, if an alcohol safety action or drug abuse evaluation program is available in the community where the person resides, or of a private or public treatment facility approved by the Department of Health and Social Services under AS 47.37 to make referrals for rehabilitative treatment or to provide rehabilitative treatment." Renumber the following bill sections accordingly. CHAIR KELLER opened public testimony. 1:17:39 PM NEISJE STEINKRUGER - after confirming that she'd previously provided testimony to the committee during discussion of HB 178, the House companion bill to SB 56, regarding distinctions between how certain felony cases are handled compared to like misdemeanor cases, and noting that she was merely providing information to the committee based on her former experience as an Alaska Supreme Court judge and was not then and is not now taking a position on behalf of the Alaska Court System (ACS) - expressed appreciation for the work being done to review the statutes addressing the crimes of misconduct involving a controlled substance. CHAIR KELLER closed public testimony on SB 56. 1:19:15 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1 [text provided previously]. CHAIR KELLER objected. REPRESENTATIVE GRUENBERG reiterated that Amendment 1 would extend the time period - from five years to seven years - during which previous convictions could be considered for purposes of charging a person with a class C felony under proposed AS 11.71.040(a)(3)(A). Urging adoption of Amendment 1, he added that it provides a compromise to address a concern expressed by [the Department of Law (DOL)] that the proposed time period of five years would be too short and that a time period of ten years would be preferable. CHAIR KELLER removed his objection, ascertained that there were no further objections, and announced that Amendment 1 was adopted. 1:20:01 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2 [text provided previously]. CHAIR KELLER objected. REPRESENTATIVE GRUENBERG offered his understanding that the DOL is amenable to Amendment 2's proposed change, that the language it's adding to AS 12.55.135 is modeled on similar language addressing the crimes of driving under the influence (DUI), and that in the DUI context, [the process outlined in the proposed new language] has been successful. He reiterated that Amendment 2 would ensure that for purposes of sentencing those convicted under the bill's proposed AS 11.71.050 - addressing the crime of misconduct involving a controlled substance in the fifth degree - the court shall [in certain circumstances] order defendants to satisfy the screening, evaluation, referral, and program requirements of an alcohol safety action program or a drug abuse evaluation program. 1:21:33 PM WILDA LAUGHLIN, Special Assistant, Office of the Commissioner, Department of Health and Social Services (DHSS), in response to a comment, relayed that the DHSS believes that Amendment 2 would have a fiscal impact on the DHSS, and is currently working to quantify that impact. 1:22:20 PM TONY PIPER, Coordinator, Alcohol Safety Action Program (ASAP), Prevention and Early Intervention Services Section, Division of Behavioral Health (DBH), Department of Health and Social Services (DHSS), in response to a question, added that there would be a fiscal impact on the DHSS because Amendment 2 together with the bill's proposed changes to AS 11.71.040 and AS 11.71.050 would increase the number of misdemeanants his office would be required to screen, evaluate, and refer. CHAIR KELLER removed his objection to the adoption of Amendment 2. MS. LAUGHLIN, in response to another question and comments, reiterated that the DHSS is currently working to quantify the fiscal impact that Amendment 2 together with the bill's proposed changes to AS 11.71 would have on the DHSS. CHAIR KELLER ascertained that there were no further objections to Amendment 2. [Although not formally stated, the committee treated Amendment 2 as having been adopted.] 1:24:22 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 3 [text provided previously]. CHAIR KELLER objected; ascertained that there were no further comments, questions, or concerns regarding Amendment 3; removed his objection; and, noting that there were no further objections to the motion, announced that Amendment 3 was adopted. 1:25:04 PM REPRESENTATIVE LYNN moved to report CSSB 56(JUD), as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HCS CSSB 56(JUD) was reported from the House Judiciary Standing Committee.