SENATE BILL NO. 56 "An Act relating to certain crimes involving controlled substances; and providing for an effective date." SENATOR FRED DYSON, stated that the legislation was taking a "smart approach" to crime. The approach had established a track record of reducing recidivism and lowering the cost of incarceration. He cited a memo (copy on file) he distributed which addressed some issues raised by the Department of Law (DOL). CHUCK KOPP, CHIEF OF STAFF, SENATOR FRED DYSON, summarized the issues. He noted that DOL raised six areas of concern. He identified the issues: (1) quantity limits for felony threshold, (2) look back period for prior conviction leading to a three strikes felony charge, (3) potential negative impact on therapeutic courts, (4) treatment of misdemeanants, (5) impacts on federal grant funding, (6) questioning seriousness of Class A misdemeanor charge. Mr. Kopp detailed that SB 56 proposed felony quantity limits mirroring the average of limits adopted by 14 other jurisdictions in other states. The limits in SB 56 were "parallel" to limits Wyoming adopted. The fiscal, geographical, and political characteristics of Wyoming were similar to Alaska. As a result, Wyoming experienced a reduction in violent crime and "person" crime. Mr. Kopp pointed to the look back period. He relayed that the sponsors determined the five year look back period was adequate. The ten year period was too punitive for someone taking recovery seriously. Mr. Kopp reported that the sponsors worked closely with the therapeutic courts and no one raised concerns. On the contrary, the therapeutic courts were supportive of the legislation. Mr. Kopp explained that currently the courts can assign convicted misdemeanants convicted of substance abuse and other drug offenses to the alcohol safety action program along with a probation officer from the Department of Health and Social Services. He continued that there were no reductions in federal grant funding due to the legislation. No other state that adopted similar measures experienced fiscal impacts. He stressed that SB 56 did not legalize any drug. Mr. Kopp emphasized that the law condemned possession of dangerous drugs. He listed other serious crimes classified as Class A misdemeanors. He pointed out that Fourth Degree assault was currently a Class A misdemeanor. A second charge of driving under the influence (DUI) was a Class A misdemeanor. Endangering the welfare of a child in the first degree or vulnerable adult in the second degree, and sexual abuse of a minor in the fourth degree were all Class A misdemeanors. He emphasized the serous nature of Class A misdemeanor crimes. The sentence carried up to one year in prison and a $10 thousand fine. The sentence was not merely a "slap on the wrist." The sponsors believed that the charge was appropriate for a small quantity, non-violent drug offender. Senator Bishop wanted reassurance that the legislation would not threaten the existence of therapeutic courts. Mr. Kopp reassured the Senator that SB 56 did not impact the therapeutic courts. 9:29:42 AM ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW, conveyed that the Department of Law (DOL) would continue discussions with the sponsor over the interim to "consider more information about the bill." The department shared some of the concerns expressed by law enforcement. The department wanted a safe reduction in the prison population and supported the premise of the legislation. The department believed resolution was possible with further scrutiny and working closely with the sponsor. Co-Chair Meyer commented that he supported the concept of "smart justice" and thought it was a "good approach." He appreciated DOL's attempt to work with the sponsor to address concerns. Co-Chair Kelly asked for a detailed discussion on the department's concerns regarding the legislation's impact on the therapeutic courts. Mr. Kopp explained that DOL cautioned that reclassifying small quantity offenses to a misdemeanor prevented sending an offender who was a felon to therapeutic court. He countered that "there was no shortage of addicts who were eligible for therapeutic court." Many addicts become felons and were eligible even with a lesser charge. He felt that the concern was "simply not an issue." QUINLAN STEINER, PUBLIC DEFENDER, STATE OF ALASKA, introduced himself for the record. Senator Bishop asked whether the legislation affected eligibility for the therapeutic courts. NANCY MEADE, GENERAL COUNSEL, ALASKA COURT SYSTEM, answered that certain individuals who were eligible for felony drug court would not be eligible if the crimes were declassified to misdemeanors; the offenders would no longer be felons. She detailed that out of twelve therapeutic courts only one was a felony drug court with twelve participants. The court did not anticipate either a shortage of participants for the felony drug court or an impact on the therapeutic courts if SB 56 became law. Vice-Chair Fairclough reviewed the fiscal notes. She noted FN1 (ADM), allocated to the Office of Public Advocacy with no fiscal impact and a possible reduction in costs for constitutionally mandated defense services. She turned to FN2 (ADM) allocated to the Public Defender Agency with no fiscal impact and a reduction in the cost of processing individual cases and reduced overall agency budget growth. She cited FN3 (COR) allocated to the Alaska State Trooper Detachments with no fiscal impact due to no impacts to the investigative process regarding the offenses. She noted FN4 (DPS) allocated for Laboratory Services with no fiscal impact. She moved to FN5 (COR) allocated to the Office of the Commissioner with no fiscal impact but the actual impact of the legislation was unknown. The department would monitor the potential impacts of the legislation. She highlighted the new indeterminate fiscal note from the Department of Law allocated for Criminal Justice Litigation. The department noted that reducing an offense from a felony to a misdemeanor created a savings, but sometimes there were unforeseen consequences. She reviewed FN7 (CRT) appropriated to Trial courts with no fiscal impact. 9:39:47 AM Vice-Chair Fairclough MOVED to REPORT SB 56 out of committee with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. SB 56 was REPORTED out of committee with a "do pass" recommendation and with a new indeterminate fiscal note from the Department of Law; and previously zero fiscal notes: FN7 (CRT), FN5 (COR), FN4 (DPS), FN3 (DPS), FN2 (ADM), and FN1 (ADM). 9:43:53 AM AT EASE 9:47:38 AM RECONVENED