HB 183-CRIMINAL JUSTICE DATA ANALYSIS COMMISSION  4:16:07 PM CHAIR CLAMAN announced that the next order of business would be HOUSE BILL NO. 183, "An Act renaming the Alaska Criminal Justice Commission the Alaska Criminal Justice Data Analysis Commission; relating to the membership of the Alaska Criminal Justice Data Analysis Commission; relating to the powers and duties of the Alaska Criminal Justice Data Analysis Commission; extending the termination date of the Alaska Criminal Justice Data Analysis Commission; relating to the duties of the Judicial Council; providing for an effective date by amending the effective date of secs. 41 and 73, ch. 1, 4SSLA 2017; and providing for an effective date by repealing the effective date of sec. 74, ch. 1, 4SSLA 2017." 4:16:47 PM LIZZIE KUBITZ, Staff, Representative Matt Claman, Alaska State Legislature, on behalf of prime sponsor, presented HB 183. She told the committee that the Alaska Criminal Justice Commission would be scheduled to sunset beginning June 30, 2021, and conclude its affairs by June 30, 2022. She stated that, in accordance with the recommendation offered by the auditor, rather than extend the commission in its current form, HB 183 would retain the commission's data collection and analysis functions. She stated that HB 183 would rename the commission to the Alaska Criminal Justice and Data Analysis Commission, would modify the membership of the commission, and would amend and restate the powers and duties of the commission, and would extend the termination date of the newly formed Alaska Criminal Justice and Data Analysis Commission to June 30, 2029. MS. KUBITZ offered the sectional analysis [included in the committee packet], which read as follows [original punctuation provided]: Section 1 AS 22.20.210. Staff and support for criminal justice commission. Amends AS 22.20.210 to add "data analysis" to the name of the commission. Section 2 AS 22.20.220. Prison inmate characteristics information. Amends AS 22.20.210(a) to remove the termination date for collection of data collection by the Department of Corrections utilized by the Alaska Judicial Council for purposes of the commission's work. Section 3 AS 44.19.641. Creation of commission. Amends AS 44.19.641 to add "data analysis" to the name of the commission. Section 4 AS 44.19.642. Membership; staff. Amends AS 44.19.642(a) to make changes to the membership of the commission. These changes include: ? Ensure representation of rural Alaska on the commission; ? Make the Deputy Attorney General for the Criminal Division of the Department of Law or their designee a voting member (rather than the Attorney General); ? Allow the public defender's designee to act as a voting member in place of the public defender; ? Place two peace officer representatives on the commission (rather than one municipal law enforcement representative)one representing a rural community off the road system and one representing an urban communityappointed by the Alaska Chiefs of Police; ? Provide for the victims' rights advocate on the commission to be appointed by the Alaska Network on Domestic Violence and Sexual Assault; ? Make the Commissioner of the Department of Health and Social Services a voting member; and ? Create a new member seat for a formerly incarcerated person who has completed his or her sentence. Section 5 AS 44.19.645. Powers and duties of the commission. Amends AS 44.19.645 to remove the duties of the former Alaska Criminal Justice Commission to be replaced by the new duties of the Alaska Criminal Justice Data Analysis Commission. These new duties include: ? Data analysis, research, and reporting on all aspects of Alaska's criminal justice system, including state laws, public safety, rehabilitation, crime and incarceration rates, the needs of victims, and other factors set forth in the Alaska Constitution; ? Receiving data related to the criminal justice system from the Alaska Department of Corrections, Department of Public Safety, Department of Law, and the Alaska Court System; ? Identifying areas for improving the efficiency and effectiveness of the criminal justice system; ? Recommending expenditures from the Recidivism Reduction Fund; ? Making other recommendations and providing analysis if requested by the Legislature, the Executive, or the Judiciary; and ? Issuing an annual report. 4:20:39 PM MS. KUBITZ continued with the presentation of the sectional analysis: Section 6 AS 44.19.646. Methodology. Amends AS 44.19.646 to remove the duty of the commission to make recommendations, and adds the duty of conducting research and adopting a research agenda and priorities based on art. I, secs. 7, 12, and 24, Constitution of the State of Alaska (which relate to due process, criminal administration, and the rights of crime victims), and other issues of pressing concern to the criminal justice system. Section 7 AS 44.19.647. Annual report and recommendations. Amends AS 44.19.647(a) to remove the reporting responsibilities of the former Alaska Criminal Justice Commission to be replaced by the new duties of the Alaska Criminal Justice Data Analysis Commission. The commission's reporting responsibilities are related to the duties of the commission listed in Section 5. Section 8 AS 44.19.647. Annual report and recommendations. Amends AS 44.19.647(b) to remove the reporting responsibilities of the former Alaska Criminal Justice Commission to be replaced by the new duties of the Alaska Criminal Justice Data Analysis Commission. Section 9 AS 44.19.649. Definition. Amends AS 44.19.649 to update the definitions of "commission," "recidivism," and "technical violation." Section 10 AS 44.66.010. Expiration of state boards and commissions. Amends AS 44.66.010(a)(12) to add "data analysis" to the name of the commission. Section 11 AS 47.38.100. Recidivism reduction program. Amends AS 47.38.100(b) to add "data analysis" to the name of the commission. Section 12 Amends Section 35, ch. 83, SLA 2014 to repeal Sec. 35. AS 22.20.210 on June 30, 2029. Section 13 Repeals AS 44.19.642(b). Section 14 Repeals Sections 74 and 76, ch. 1, 4SSLA 2017. Section 15 Uncodified law - applicability A person who is a member of the former Alaska Criminal Justice Commission on the day before the effective date of this Act continues to serve on the Alaska Criminal Justice Data Analysis Commission until the expiration of the member's term. When making new appointments or designations, makes Section 15 of the Act conditional on the guidelines established under AS 44.19.642(a), which relates to membership of the commission. Section 16 Amends effective date provisions of Section 41, ch.1, 4SSLA 2017 to take effect on July 1, 2029. Section 17 Amends effective date provisions of Section 73, ch.1, 4SSLA 2017 to take effect on June 30, 2029. Section 18 Repeals Section 82, ch. 1, 4SSLA 2017. 4:23:22 PM KAREN BUCHKOSKI, Audit Manager, Legislative Audit Division, Alaska State Legislature, informed the committee that the Division of Legislative Audit had conducted a sunset audit on the Alaska Criminal Justice Commission dated June, 2020 and drew attention to the audit report, entitled, "HB 183 Additional Document - A Sunset Review of the Office of the Governor, Alaska Criminal Justice Commission 6.12.2020.2020," [included in the committee packet] and directed attention to the background information section of the report, which begins on page 5, from which she read [original punctuation provided]: The Alaska Criminal Justice Commission (commission) was established in 2014 when Senate Bill 64 was signed into law. SB 64 was the result of a bipartisan effort to reduce the high costs of corrections and reduce prison populations and recidivism through evidence-based reforms. The commission was given a three-year term, ending June 2017. She added that State leaders tasked the commission with developing evidence-based recommendations aimed at safely controlling prison and jail growth and recalibrating the correctional investment to ensure the State achieved the best possible public safety return on State dollars. She added that, additionally, due to declining State operating budgets, legislative leaders requested the commission forward policy options that would avert future prison growth and reduce the prison population between 15 and 25 percent. Over a seven-month period, the commission analyzed the State's criminal justice system, including a comprehensive review of sentencing, corrections, and community supervision data. Based on commission analysis, and directive from legislative leadership, the commission developed 21 evidence-based policy recommendations, known as the December 2015 Justice Reinvestment Report. The report also included six recommendations for legislative consideration. According to the report, the recommendations protected public safety, held offenders accountable, and reduced the State's average daily prison population by 21 percent, netting estimated savings of $424 million over 10 years. Many of the recommendations in the commission's December 2015 Justice Reinvestment Report became the basis for criminal justice laws enacted in Senate Bill 91, signed into law July 2016. Senate Bill 91 extended the commission's term until June 2021, significantly expanded the commission's duties, and directed the commission to oversee the implementation of criminal justice reform and reinvestment. Many of the reforms contained in Senate Bill 91 were blamed for an increase in crime. Within a year of Senate Bill 91's effective date, a separate bill was passed to make minor adjustments to Senate Bill 91 and another bill was passed five months later that substantially altered SB 91. The next year, a third bill made more substantive changes. In 2019, many of Senate Bill 91's provisions were fully repealed through House Bill 49. Criminal justice legislation from 2014 through 2019 is outlined in Exhibit 2. MS. BUCHKOSKI then drew attention to page 7 of the audit report, from which she read [original punctuation provided]: Overall, the audit concluded the commission met its statutory responsibilities by analyzing the effects of sentencing laws and criminal justice practices on the criminal justice system, and recommending improvements. Additionally, the commission conducted specific studies and reported results, as required by law. The commission was effective as an advisory agency from 2015 through 2017 and its recommendations served as the basis for comprehensive criminal justice reform passed in 2016 (Senate Bill 91). Further, its recommendations helped policy makers amend Senate Bill 91. However, beginning in 2018, criminal justice policy decisions were not rooted in commission recommendations and the commission's effectiveness waned. As of April 2020, the commission does not routinely recommend improvements; however, it does continue to analyze criminal justice data and evaluate the impact of commission recommendations and other changes on the criminal justice system. As required by statutes, several agencies submit data to the commission. The data is reviewed by commission staff, commission members, and/or other agencies under an agreement with the commission. In accordance with AS 44.66.010(a)(12), the commission is scheduled to terminate on June 30, 2021. We do not recommend extending the commission's termination date. Rather than extend the commission in its current form, the need for and expectations of a criminal justice advisory commission should be reevaluated. Although we recommend sunsetting the commission, we do not recommend terminating its data collection and analysis functions. Objective evidence regarding the effectiveness of the criminal justice system and laws governing the system are critical to future policy decisions. Legislation will be required to maintain the commission's data collection and analysis functions if the commission sunsets. MS. BUCHKOSKI drew attention to the single recommendation, should the commission be extended, page 15 of the audit report, from which she read [original punctuation provided]: We recommend the Alaska Judicial Council's3 executive director improve procedures to ensure meetings are properly publicly noticed and documented. 4:29:05 PM MR. WILLIAMS stated that the current Alaska Criminal Justice Commission had met during the prior summer and discussed the future of the commission, considering the impending sunset date, and options for the data collection and analysis. He stated that the commission formed a Task Force consisting of members from the Alaska Native Justice Center, the Department of Law, The Office of the Public Defender, Department of Corrections, and the AMHTA, and it had prepared recommendations for the legislature. He referred to the committee packet item entitled, "HB 183 Supporting Document - Criminal Justice Taskforce Recommendation 12.3.2020.pdf." MR. WILLIAMS stated that effective criminal justice systems cannot be based on solely data reported, and that an entity should exist representing the criminal justice system, including the public, to analyze the data and provide recommendations on policy development to avoid unintended consequences. He stated that the commission had been evaluated and the recommendations were offered to the committee for including additional stakeholder groups to include victims' advocacy groups and representation of those who had been incarcerated. MR. WILLIAMS shared with the committee that, with consideration of the Attorney General representation on the proposed new commission, the state's most senior prosecutor is the Assistant Attorney General of the Criminal Division and would have experience in litigation within the criminal justice system. He stated that the task force's recommendation had been reviewed and endorsed by the Alaska Criminal Justice Commission. 4:36:58 PM SUSANNE DIPIETRO, Executive Director, Alaska Judicial Council, testified during the hearing on HB 183. She explained that the Alaska Judicial Council is staff to the Alaska Criminal Justice Commission. She noted that the research function of the commission would be the main component in the proposed commission. She stated that a constitutional obligation of the Alaska Judicial Council is to perform studies to improve the administration of justice and it had conducted research for over 40 years. She stated that the Alaska Justice Information Center has a research and findings mission and had offered many useful reports. She stated that the Alaska Judicial Council and the Alaska Justice Information Center were independent of each other and of the court system and had collaborated on research projects and shared complimentary skills and abilities and areas of expertise, and she characterized the collaboration as "better than the sum of its parts." She noted that the Alaska Judicial Council is a state agency and the Alaska Justice Information Center consisted of members in academia. 4:40:58 PM CHAIR CLAMAN opened public testimony on HB 183. After ascertaining that there was no one who wished to testify, he closed public testimony and stated that HB 183 was held over.