SB 64-OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL  1:59:12 PM The committee took an at-ease from 1:59:48 to 2:00:59. 2:01:05 PM CHAIR KELLER said there are several people who would like to testify. BILL MICKELSON, President, Mickelson Consulting Group, said that he helped develop, implement, and then direct the 24/7 Sobriety Program in South Dakota. He said he is retired after 43 years in law enforcement and now has a consulting company dedicated to migrating the 24/7 program across the country and abroad. He stated that 24/7 is a valuable tool for judges and for the driver's license division, which would need it for revocation and reinstatement of licenses. It has been a valuable tool in South Dakota, North Dakota, Montana, and all of the other states where it operates, he added. He said he reviewed SB 64 and did a cursory review of the amendment, and he applauded the comprehensive bill. 2:03:52 PM CHAIR KELLER asked about the amendments. MR. MICKELSON said his comments are general, but it seems that the amendment is consistent with other states using 24/7 twice- a-day testing as an option over interlock devices. "We were successful in a federal highway bill ... to include the 24/7 Sobriety Program, so we now have parity with the other approved programs that are administered by the National Highway Traffic Safety Administration, so, in effect, we do have parity with ignition interlock devices." He added that it has been quite effective long term in reducing recidivism, crash rates, and "a whole host of other benefits." He noted that offering the 24/7 sobriety twice-a-day testing for driver's license reinstatements is a good and effective move, and it has been quite successful in all of the states that are using it. These people are driving sober, because they are tested at least twice a day, he stated. 2:06:19 PM REPRESENTATIVE GRUENBERG said there is a very recent trial court order from Montana, and the decision is being appealed to the Montana Supreme Court. He would like to know what the judge has ruled. CHAIR KELLER suggested that Mr. Mickelson could get it. MR. MICKELSON said it is under appeal and the Montana Governor and Attorney General are quite confident that the ruling will be in favor of the sobriety program. 2:07:46 PM ELIZABETH RIPLEY, Executive Director, Mat-Su Health Foundation, explained that the foundation shares ownership in Mat-Su Regional [Medical Center] and invests its profits back into the Matanuska-Susitna community to improve the health and wellness of Alaskans living in the area. The Mat-Su Foundation recently completed a community health-needs assessment by compiling all valid and reliable health data in the area and then conducting 24 meetings in 2013 with different stake-holder groups. Attendees at the forums ranked the top five health issues, and they were all behavioral health related. The issues included alcohol and substance abuse; child abuse; access to mental health care; depression and suicide; and domestic violence and sexual assault. "We don't believe these issues are unique to Mat-Su, but are, in fact, relevant to communities across Alaska." She noted that Matanuska-Susitna is home to the Goose Creek Correctional Center, and the majority of those who are incarcerated suffer from behavioral health issues and will be released back into the Matanuska-Susitna community. There is a meaningful shift across the nation away from incarceration and toward evidence-based smart justice strategies to protect public safety and help Alaskans reintegrate back into their communities. 2:09:15 PM MS. RIPLEY said that the state is concerned about the costs of Goose Creek, and people should rethink how criminal justice dollars are spent and the outcomes they yield. Senate Bill 64 does just that. The Mat-Su Health Foundation particularly supports the sections that increase the felony threshold for property-related crimes, institute a 24/7 sobriety program, institute the PACE program, require the Department of Corrections (DOC) to conduct a risk/needs assessment on offenders, establish a fund for treatment programs that reduce recidivism, and allow credit for time served in residential substance abuse treatment programs. 2:10:27 PM BETTY BAIR, Wasilla, Alaska, noted that she sent in testimony regarding redefining sexual crimes "and all the surrounding aspects." After listening to others testify, new issues came up for her, she said. She noted two testifiers who indicated that the state's tendency is toward punishment of inmates rather than treatment. One testifier said that 90 per cent of crimes are from impaired judgment. "Does that really make them a felon?" she asked. She referred to testimony by Mr. Bair on the previous day and stated that sexual crimes need to be redefined to include only real sexual abusers and predators. She then turned to the topic of education in prisons. "What kind of education is really going on in our prisons, and how many inmates are getting a career possibility before they exit?" She also posed the question of what treatment is being offered and to how many inmates. She stated that she is not getting accurate answers from listening to legislative committee meetings. 2:12:02 PM MS. BAIR asked how many classes are being offered in the prisons per number of inmates per institution. She noted that she has a friend taking a criminal justice class at "the Mat-Su" who was told that a lot of educational programs were offered, "but even when she called back in, she was just told 'we're working on getting more classes lined up.'" So what is really being offered? she asked. She said she has only heard of three career possibilities at PCC [Palmer Correctional Center]: electrician, plumber, and carpenter, and these [programs] are minimally offered. She added that, "Only two people for each of these classes, over an 18-month period of time, can have a career possibility." That is not many opportunities for reentry into the real world, she opined. 2:13:08 PM MS. BAIR asked, "What treatment is being offered to our inmates in real terms, and how many are able to benefit from it?" She has heard that the best treatment offered to inmates is the TLC program, which means Transformational, Living Community and is only offered in the medium security area of PCC and for a limited number of people. The TLC program results in 75 percent less recidivism, but there is no counseling or treatment in minimum security at PCC, she stated. She added that a person is not even able to pay for a counselor for a family member inside a prison. "Treatment and counseling are not happening inside." She opined that the Recidivism Fund is good for those who are released but the real need is for those who are still incarcerated. "Help them through their issues all those months of nothing to do but think," she stated. She said that inmates need counseling so their lives can begin when they leave. 2:14:46 PM MS. BAIR opined that if offenders are following all of the rules and have changed, they should not be held to such harsh mandates like no driver's license and long probation. "Give them their life back." Some [past inmates] are tagged as felons, which is enough to bear. "When someone commits a crime, whether it has to do with drinking, drugs, sexual crime, or theft, the crime then becomes an issue between that person and the State of Alaska, so as the legislature of the State of Alaska, I feel strongly that it behooves you to search for concrete answers to the questions I've presented." 2:15:23 PM CHAIR KELLER noted that the committee has her written testimony, and he hopes the Department of Corrections will forward some information on the questions she asked. LISA RIEGER, General Counsel, Cook Inlet Tribal Council (CITC), noted that she was on the Department of Corrections Reentry Task Force and she was an associate professor at UAA [University of Alaska, Anchorage] Justice Center for 11 years. The Cook Inlet Tribal Council is in support of SB 64, which focuses on the barriers to success for men and women reentering after incarceration. She said that the Reentry Task Force addressed the same issues of increasing success, saving state resources, and reducing crime. She stated that CITC supports SB 64 because it provides important new innovations to turn around Alaska's recidivism rate. Alaska's new prison will be beyond capacity soon unless the state addresses substance abuse and addiction, which leads to so many offenses, particularly to so many violations of probation and parole. The CITC specifically supports the evidence-based practices of the 24/7 and PACE programs; the Justice Commission; the Recidivism Reduction Fund- which is visionary for long-term stability and represents strategic investments for the state; and the felony threshold for property crimes. 2:17:32 PM MS. RIEGER added that CITC particularly supports the section of SB 64 that clarifies credit for time served in residential programs that contribute to reducing recidivism. She said CITC has been operating Chanlyut, a rehabilitation program for men recently released from prison or facing substance abuse or homelessness. Chanlyut is modeled after the successful Delancey Street program from California and operates on the principle that reinforcing accountability for actions, learning a strong work ethic, and having responsibility for others is key to turning lives around without the use of professional staff. Chanlyut is a 24/7 residential program located in Anchorage, and since the start of the program six years ago, it has served over 175 men and saved the state millions of dollars by housing men who would have been in a corrections facility. There are many success stories, she explained. The graduates leave the program having earned everything they have themselves. They have been clean and sober for two years, they have a job, and they have the where-with-all to set themselves up with apartments, vehicles, and other needs from money they saved in their last months of their residency. 2:18:47 PM MS. RIEGER said that the key to Chanlyut's success is the mandatory work component and the complete responsibility each man has for the maintenance of the house and the program. "In fact, income for our Chanlyut businesses support 35 percent of program expenses. We describe it as learning to live life on life's terms without the use of drugs or alcohol and with taking responsibility for their lives through honest work," she explained. Requirements and expectations for behavior are so high that some residents have requested returning to jail rather than complete the Chanlyut program. The opportunities offered in SB 64 align with Chanlyut, and CITC strongly supports the bill, she stated. There is one change that CITC would like under the Recidivism Reduction Grant Program provision where [in order to qualify for a grant] the bill requires the program to provide treatment for substance abuse. She requested the addition of "if required by assessment," because if an inmate received treatment inside the institution he or she may not need treatment during the transition. The requirement could be a huge burden for the programs and for employment schedules for those working in the community, she opined. Only those who really need it should be occupying space, she added. 2:20:41 PM MELINDA MERRILL, Manager, Community Affairs, Fred Meyer Stores, said she is joined by Scott Bringhurst, vice president of loss prevention. She requested that the felony threshold in SB 64 be returned to the $750 level. She said she is a little sorry that she has to be the "bad guy" regarding the testimony, but the Fred Meyer Company has a different perspective. Those stealing $500 to $750 worth of items from the stores are not kids making one stupid mistake, and they are not one-timers who just have bad judgment or peer pressure. They are savvy young adults who are making a living off the thefts and are part of organized crime rings. She said that these people know Fred Meyer's loss prevention strategies-they pay attention to this stuff. They know what employees can and cannot do to stop them, and they know exactly how much they can steal with regard to the crime rank. They are walking out with things that they know they can get away with and they are doing it multiple, multiple times, she stated. 2:23:09 PM MS. MERRILL gave an example of one person who the store has apprehended 11 times since 2007 and who has stolen almost $3,500 worth of items, but he has done it in small increments. Only twice has his theft been valued at over $500, she explained. So he is a career criminal, and there is nothing to stop him and nothing to get him into the system to start getting the help and correction that he needs. She asked again that the felony threshold be put back to the $750 level. "We understand the realities out there of the prison system and the costs, but what you do when you raise it that much higher is you assist the career criminal and ... there's no place to get them into the system and start getting them into the resources that Ms. Rieger talked about." 2:24:10 PM REPRESENTATIVE LANCE PRUITT asked about the potential impact in prices to consumers based on changes found in SB 64, whereby criminals will be able to walk out with higher cost items. 2:24:54 PM MS. MERRILL said that, overall, these kinds of changes in criminal limits absolutely raises the cost of goods to consumers. "We function in capitalist America; we need to make a profit; we have shareholders; we need to pay our employees good wages because the communities we operate in expect that...." When that level of items are walking out of the store, it affects the price of goods. She said that does not mean Fred Meyer will raise its prices in Alaska; the [pricing] process is on a broader scale. Fred Meyer is in business to give customers the best deal, "because we want them to come in and get it from us," she stated, "so we don't want to raise our prices unless we have to." She reiterated that the bill will have an effect on consumer prices. 2:26:07 PM REPRESENTATIVE LEDOUX questioned if the reason why Fred Meyer would lose money if this threshold were raised is because the police are not going to investigate as much. 2:26:34 PM SCOTT BRINGHURST, Vice President, Loss Prevention, Fred Meyer Stores, answered that it is because the threat of punishment that includes incarceration is gone. Over 2 percent of Fred Meyer sales are lost to theft, and with the slim margins the store operates with, [the losses] will increase consumer prices at some point in time. The threat of the felony prosecution is what helps the business, and he sees many thefts of items valued at just under the $500 threshold. [The thieves] truly do learn what the limits are and they take advantage of them. Often, they get a citation, and in a lot of cases they will not get booked or taken to the police station for any type of fingerprinting or identification, he stated. The organized groups are the biggest problem, and they will take advantage of the raised threshold level. 2:28:34 PM TOM BUTLER, Colonel, Montana Highway Patrol, said that in 2010 one county in Montana started the 24/7 [sobriety] pilot program for second-offense DUI [Driving Under the Influence]. In 2011, a state-wide bill was passed, which was updated in 2013 to apply to crimes other than DUIs. The programs include crimes where alcohol was a nexus and where the penalty was potentially six months or longer. "We've got the program rolled out to almost 65 percent of the population in Montana," and it is now at the point where the statistics on recidivism can be analyzed. For the most part, the Montana program mirrors the South Dakota program and people are expecting similar results. He said that in 2013 Montana's alcohol-related fatalities were down by nearly 30 percent, and he is hoping to see similar results for 2014. He noted that he described the program in detail to several committees and will not take up the time to do so now. 2:30:43 PM CHAIR KELLER asked if Montana has a limited license program for DUIs. COLONEL BUTLER said yes, and from his experience of 23 years in law enforcement, he has found that in order to live in Montana one must drive because of the geography and lack of public transportation. "We get into this big black hole of suspending people's driver's licenses for nearly everything under the sun and it doesn't do any good," he stated. It can get people into problems with driver's license points, insurance, fines, and ultimately jail, and there are some people who can never climb out of that hole. Part of the reason he was excited when learning about the 24/7 program is that a person performing well under the program can keep driving. He noted that he has not read the specific amendment to SB 64 that came out today, but he encouraged the committee to look very hard at it. He does not have any statistics on what the suspended driver's license problem is in Alaska, "but I would suspect that it is similar to Montana." It is almost a feel-good issue where everybody thinks that by taking away a license, the offenders are not going to drive. "I'm here to tell you that that is not the case. If you can keep people sober with this program and give them a restricted driver's license, in my mind you're doing a great service as far as safety goes for the citizens of Alaska." 2:32:25 PM CHAIR KELLER asked for details on how the limited license works. He asked if it applies to misdemeanor DUIs. COLONEL BUTLER said the program in Montana for DUI [indisc.] is for the second or subsequent offense, and there is a whole scheme of different driver's license suspensions that are built into that based on the offense. But offenders who enter the 24/7 program are allowed to obtain a restricted driver's license to drive to work or to the doctor, for example. Traditionally, the state would suspend the driver's license for a person who was convicted of an offense. He said that [keeping the license] is the carrot for entering the 24/7 program, and those people would need to drive to work, the store and other places, so they were driving anyway. The program is keeping these people out of the criminal justice system because they are sober and they still have a driver's license, he concluded. 2:34:00 PM REPRESENTATIVE GRUENBERG said the language being talked about is the alcohol and substance abuse monitoring program, which will require offenders to pay for the twice-a-day testing. He asked about the cost of participating in the program. COLONEL BUTLER answered that in Montana the cost is $2 per test, which is $4 per day. The tests are generally run for 2 hours in the morning and 2 hours in the evening. There was a portion of Montana's legislature that was very nervous about the financial implications of the program on a defendant. The average BAC [blood alcohol concentration] for a DUI arrest is 0.186, and a 200-pound man would have to spend $11 to $25 to get to that BAC level, and "we have yet to see any sort of financial problems related to this program in all the jurisdictions where it has been rolled out across the state." Other vices are paired up with alcohol use, and when alcohol is taken away from people it leaves them with more money. 2:36:42 PM REPRESENTATIVE GRUENBERG noted that Alaska has large areas without roads so he is not sure how the program would work. He gave the example of a person from a village getting a DUI in Anchorage and going back to the village where the person may live a subsistence life style. 2:37:38 PM COLONEL BUTLER said Montana wrote the law to allow the judiciary to determine if the 24/7 program was a good fit for each person. If there are no roads and a person does not have a car, there may not be a benefit to twice daily testing. There may not be enough people in the village to warrant a testing facility, he added. He noted that Helena is the state capital of Montana, and 82 miles to the north is a town called Augusta, which is in the same county. He said there was no way someone would be forced to drive that distance twice a day round trip. So, the state chose to use transdermal alcohol monitoring or SCRAM bracelets for those people who could not easily access a testing center. 2:39:26 PM CHAIR KELLER noted that the language in SB 64 contains "if practicable" in order to address those situations. CHRIS NETTELS, President and Owner, GeoTek Alaska, said he is concerned with the felony/misdemeanor threshold in SB 64 and is testifying on behalf of his company and the National Federation of Independent Businesses. Theft is wrong and it is a pet peeve of his as a business owner. His company has had numerous thefts and attempts at theft, and it is not just a young person who is impaired by drinking-these are people who come around, particularly on a Saturday night, to industrial sites in Anchorage and help themselves to whatever they can get. He said his company does a lot of work under municipal, state, and federal contracts, and the contracts are getting extremely competitive. He noted that he just won a $350,000 contract by less than $500. 2:42:27 PM CHAIR KELLER said there are no more speakers, but public testimony will remain open. REPRESENTATIVE LEDOUX asked if the Department of Law still does plea bargaining. If there were a low felony theft threshold, would DOL have the discretion to enter into plea bargaining for first offenders? ANNE CARPENETI, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law (DOL), said she would be better prepared if she had known the question was coming up. Certain cases use plea bargaining, but the state no longer does sentence bargaining for certain person crimes, but she would like to review the policy, she said. 2:45:20 PM REPRESENTATIVE GRUENBERG asked Ms. Carpeneti for the various kinds of bargaining definitions and the state's policies. He said he is also confused by the different types of immunity, and he would like that information as well. MS. CARPENETI said immunity is not something that the DOL has a policy on, it is the law. REPRESENTATIVE GRUENBERG requested the definition of immunity. CHAIR KELLER set aside SB 64.