CS FOR HOUSE BILL NO. 14(FIN) "An Act relating to assault in the first degree; relating to harassment; relating to sex offenses; relating to the definition of 'dangerous instrument'; providing for an aggravating factor at sentencing for strangulation that results in unconsciousness; relating to the duties of the prosecuting attorney; and relating to victim notifications." 9:02:00 AM Co-Chair von Imhof relayed that the committee had heard the Senate version of the bill (SB 14) on May 11, 2019; and SB 14 was heard on May 4, 2019. 9:02:54 AM JULI LUCKY, STAFF, SENATOR NATASHA VON IMHOF, spoke to the changes in the committee substitute (CS). She discussed the Explanation of Changes document (copy on file): The word "ejaculate" is replaced with "semen" to better conform to current statute and legal precedent and that term is defined. [P3, Line 6 and new ?5: P3, Lines 17-19] The rest of the changes relate to granting credit against a sentence for time spent in treatment or on electronic monitoring (EM), which necessitates a title change and conforming changes to the applicability language in section 11. [New ?6 & ?7] Current AS 12.55.027(g) allows offenders guilty of certain serious crimes to receive limited credit for time spent on Electronic Monitoring (EM). SCS HB 14 (FIN) prohibits credit for EM for those specified crimes but clarifies that credit can be granted when the defendant is on EM while participating in residential treatment. Sex offenders are removed from this list and cannot get credit for time spent in treatment OR on EM. [P3, Line 21 P4, Line 4] Further clarifies in (j) that judges will determine whether the sentence meets the declaration of purpose criteria listed in AS 12.55.005 before granting credit and in (k) that time cannot be "double counted" if a defendant was on EM while receiving treatment. [P4, Lines 5-11]. 9:05:53 AM Ms. Lucky stated that the language in (j) and (k) was clarifying language meant to provide direction to the court. She relayed that a title change resolution would be needed if the CS were adopted by the committee, as well as applicability changes in Section 11. She added that the adoption of the CS would change the fiscal notes. 9:07:24 AM Co-Chair von Imhof solicited comments from the committee. Senator Micciche understood that the bill defined strangulation to the point of unconsciousness as a crime, as well as other changes. He shared that he supported the electronic monitoring language. 9:09:24 AM Senator Hoffman directed attention to the most recent adoption of Section K, which specified that the electronic monitoring and treatment programs did not have to be run simultaneously. He asked whether the intent of the bill was to allow for the credits to be claimed simultaneously. Ms. Lucky stated that the intent of the section was that if a person was under electronic monitoring and in treatment simultaneously, credit could not be given for both. She stressed that the issue had been debated rigorously and it had been decided that if a person had a period of electronic monitoring while not in treatment, or vice versa, they could request credit for what was available under the law. She noted that some crimes did not allow for electronic monitoring credit. She said that if the offender was in treatment on the same day as they were under electronic monitoring, they could not count it as two days of credit. 9:11:29 AM Senator Micciche reminded that the combination would be for other crimes and not the crimes on the list of "serious crimes" as defined in the CS. For serious crimes, credit could only be given for time spent in treatment. 9:12:25 AM Ms. Lucky reviewed FN 8 from the Department of Administration, OMB Component 43. The note was indeterminate because the Office of Public Assistance could not speak to how many new cases it might take on in the out years. Ms. Lucky reviewed FN 9 from Department of Administration, OMB Component 1631. She noted that the note was indeterminate for the same reasons as FN 8. Ms. Lucky reviewed a Statement of Zero Fiscal Impact, which replaced all the individual zero fiscal notes in the packet, these notes reflect that no changes in regulation and/or costs will be absorbed by the departments. The departments included the Department of Health and Social Services, Department of Law, and Department of Public Safety. Ms. Lucky addressed a new fiscal note from the Judiciary, OMB Component 768. She noted that the note was not included in the consolidated zero notes as it was not part of the executive branch. Ms. Lucky addressed a new fiscal impact note from Department of Corrections, OMB Component 1381. She relayed that the department would address the note. 9:15:16 AM SYLVAN ROBB, ADMINISTRATIVE SERVICES DIRECTOR, DEPARTMENT OF CORRECTIONS, OFFICE OF MANAGEMENT AND BUDGET, addressed the new fiscal impact note from the Department of Corrections. She noted that the fiscal note was a draft. The changes to the note from the previously published note related to credit for electronic monitoring. The removal of credit for electronic monitoring would result in several individuals spending additional time in correctional facilities. She said that the department projected that the change would impact 363 defendants that had previously received credit for EM, and those individuals would spend an additional 36.6 days in incarceration, increasing the daily population by 35.5 inmates. She furthered that the cost for the inmates had been calculated at the marginal rate of $44.98 per day. She stated that after talking with the Deputy Director of Health and Rehabilitation Services and the Director of Probation, Parole, and Pre-Trial, failed to result in data on how many individuals attended residential treatment pre-trial. A projected estimate, without actual data, was that 10 percent would receive the credit, which would bring the projected increase to the daily population down from 35.5 to 32. 9:18:08 AM REPRESENTATIVE JOHN LINCOLN, SPONSOR, thought the CS made the bill stronger and better, particularly with regards to electronic monitoring. He thanked the committee for working on the bill. 9:19:02 AM Co-Chair Stedman was appreciative of the thanks and of the work between the house and the senate. He noted that it was the sponsor's birthday. Representative Lincoln acknowledged Senator Micciche's work on the bill. He appreciated the collaborative nature of their working relationship. 9:20:29 AM Senator Micciche MOVED to ADOPT proposed committee substitute for CSHB 14, Work Draft 31-LS0182\H (Radford, 5/5/19). There being NO OBJECTION, it was so ordered. Co-Chair von Imhof noted that there were invited testifiers online to answer questions. 9:21:31 AM Senator Micciche offered brief a brief closing statement on the legislation. Senator Micciche MOVED to report SCS CSHB 14(FIN) out of Committee with individual recommendations and the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. SCS CSHB 14(FIN) was REPORTED out of committee with a "do pass" recommendation and with one new fiscal impact from the Department of Corrections; one new zero fiscal note from the Alaska Judicial System; one new Statement of Zero Fiscal Impact for the Department of Health and Social Services, the Department of Law, and the Department of Public Safety; and two previously published indeterminate fiscal notes: FN 8(ADM), FN 9(ADM).