SB 150-PRETRIAL RELEASE; NON-AK CRIM HISTORY  2:24:20 PM CHAIR COGHILL reconvened the meeting and announced the consideration of SB 150. He noted the proposed committee substitute (CS), the four proposed amendments, and the individuals waiting to give public testimony. He asked Senator Wielechowski to summarize the amendments so both the public and the Department of Law will know what will be discussed. 2:26:11 PM SENATOR WIELECHOWSKI said he tried to tailor the amendments to the bill and the pretrial and bail concerns he hearing in the community. Amendment 1 deletes the requirement for mandatory release when a person is arrested for a misdemeanor and is deemed a moderate risk. An individual may still be released on their own recognizance, but the judge has discretion. Amendment 2 is in response to situations where a person commits a crime, is released on mandatory OR, commits another crime, and is again released on mandatory OR. The Department of Law testified that this is happening. The amendment says if a person commits a crime while out on OR, they are no longer eligible for mandatory OR. This gives discretion back to the judge. Amendment 3 clarifies that judicial officers have the ability to require an individual to complete a sobriety program while on release. It also adds a box to the release form that clarifies whether or not the person eligible for release is required to enter a sobriety program. Amendment 4 defines electronic monitoring to mean active realtime global positioning system (GPS) monitoring. The DOC testified it had this capability, but it isn't always used. He said his research indicates this is generally more effective in eliminating abuse of electronic monitoring. 2:28:55 PM CHAIR COGHILL asked each individual to limit their public testimony to two minutes. 2:29:51 PM BRADLEY MILLER, representing self, Eagle River, Alaska, said SB 150 is moving in the right direction, but it's still just a band aid for the failures of SB 91. He suggested the honorable thing would be to repeal that legislation and start over. 2:31:22 PM TAMMY WELLS, representing self, Anchorage, Alaska, said she has worked in the legal system for the past 20 years. She grew up in Mountain View and since the passage of Senate Bill 91, she has never been more fearful. She agreed with the previous testifier that repealing Senate Bill 91 is a real move in the right direction. That legislation is responsible for the dramatic increase in crime throughout the state. Recidivism is a problem because there are not enough programs within the prison system to get people off drugs and to teach new skills so they can successfully reintegrate into society. Neither are there enough mentorship programs. The best bet is to start over and address the underlying problems that are causing people to commit crimes in the first place. CHAIR COGHILL said written testimony is welcome. 2:34:00 PM LARRY DISEBROW, representing self, Eagle River, Alaska, said SB 150 won't really help. Senate Bill 91 needs to be repealed and replaced with a bill that addresses the crime problems in Alaska. 2:35:13 PM BONNIE LILLEY, representing self, Anchorage, Alaska, said she lives alone in the Muldoon area and it has a lot of crime. She stated that notice of public testimony needs to be advertised better. When she called the person, who answered the phone didn't know if public testimony would be taken. It's a problem to leave the public out of the process when they are being incredibly affected by rampant crime. She didn't like Senate Bill 91 when she first saw it and her assessment was spot on. The treatment aspect isn't in effect and there are no repercussions for committing crimes. She questioned how pretrial officers can assess risk when out-of-state criminal history isn't considered. She approves of the improvements the bill seeks to address but doesn't believe it will help unless treatment in jail is mandatory. Other states that have implemented similar criminal justice legislation have required treatment programs. She urged the committee to focus on stronger changes so people can sleep at night. CHAIR COGHILL said we're trying to make sure the public is noticed. 2:40:11 PM LESLIE DISBROW, representing self, Eagle River, Alaska, stated that SB 150 doesn't go far enough to adequately address the problems with crime in the state. She doesn't feel safe going to the store in Eagle River The current catch and release system is completely unacceptable. The only fix is to completely repeal Senate Bill 91 and work to solve the issues facing the state. Cars are being stolen, robberies are going on, and people are shoplifting like crazy. Nothing can be done about this because the police and judges' hands are tied. Scrap Senate Bill 91 and start over. 2:42:04 PM CLIFF COOK, Eagle River Community Patrol, Eagle River, Alaska, said he started the community patrol in November 2017 because of the increase in crime in Eagle River by repeat offenders. These folks are arrested and the police have to release them. A lot of people blame Senate Bill 91 and he agrees. A lot of people blame drug addiction and he agrees. Anchorage also has a lot of homeless and runaways. What these people all have in common is they are desperate and unafraid. He agreed that starting over is the right first step to get crime under control. CHAIR COGHILL said he would defend some areas of Senate Bill 91 but it's reasonable to poke holes in it in other areas. It's a combination of how to prosecute, the plea bargaining, the bail schedule, and accountability in pretrial. 2:45:07 PM BRITTNEY NUXALL, representing self, Anchorage, Alaska, she has the same complaints as others about crime, but she wanted to highlight the suffering her family has gone through as a result of Senate Bill 91. She described two family members who have 14 probation violations between them. She maintained that pretrial services does not hold them or others accountable. She said these people aren't suffering but their children are. One family member was incarcerated, received treatment, and the family was reunited. She attributed this largely to pushing by the family, not the court, or pretrial services. Alaska says it doesn't leave children behind, but it does. This is clear when one looks at the number of children in foster care. She urged the committee to repeal Senate Bill 91 and start over. 2:48:36 PM AMY DEMBOSKI, representing self, Chugiak, Alaska, said the Anchorage Assembly has taken no less than five hours of public testimony on Senate Bill 91, Senate Bill 54, crime in general, and criminal justice reform. In the last year and a half, she has held two town hall meetings on crime in her district. Nearly 200 people testified and just 10 people supported the direction the legislature has chosen to go. The rest were overwhelmingly opposed to the criminal justice reforms implemented by the legislature. She said her testimony on SB 150 is very simple. It is logical to use out-of-state criminal histories but the pre-assessment tool is fundamentally flawed. Removing discretion from judges to remove criminals from the state and keep the public safe is counter to the role judges traditionally play in the criminal justice system. She stated support for the amendments Senator Wielechowski described, particularly Amendment 1. MS. DEMBOSKI said she appreciates Senator Coghill looking at the criminal justice system in Alaska, but she believes that Senate Bill 91 has contributed significantly to the explosion of crime in the state. She shared that some police officers have pulled her aside and said they are not allowed to speak out about the legislation publicly, but they want to see it repealed. She noted that today's hearing was publicly noticed but nowhere did it say that public testimony would be taken. She expressed hope that Senator Costello's bill to repeal Senate Bill 91 gets a full and fair public hearing with adequate public notice. 2:52:43 PM LYNETTE CLARK, representing self, Fox, Alaska, said SB 150 is nothing but a band aid on the crime wave in Alaska when a tourniquet is needed. She believes Senate Bill 91 is the core of the problem. Public testimony on that legislation foretold future problems. There are a lot of reasons for the crime wave including drugs, unemployment, and debt. In her small village the worries are about heroin addicts, crack addiction, "methheads," stolen trucks, and home break-ins. In this economy it's difficult for people to replace the things they've lost. The solution is to repeal Senate Bill 91 and then employ a different tactic to protect Alaskans. CHAIR COGHILL said that in Senate Bill 91 victims got more access and input. The penalties were increased for both drug dealing and murder, so repealing the bill entirely would be a step backward in those areas. He acknowledged that improvements could be made in the areas of pretrial and arrests. CHAIR COGHILL said the CS and the amendments would be brought forward on Monday. 2:58:04 PM CHAIR COGHILL held SB 150 in committee with public testimony open.