SB 64-CONTROLLED SUB.;HOMICIDE;GOOD TIME DEDUC.  2:38:17 PM CHAIR CLAMAN announced the consideration of SENATE BILL NO. 64 "An Act relating to homicide resulting from conduct involving controlled substances; relating to the computation of good time; and providing for an effective date." 2:39:26 PM JOHN SKIDMORE, Deputy Attorney General, Office of the Attorney General, Criminal Division, Department of Law, Anchorage, Alaska, introduced SB 64 on behalf of the administration. He remarked that the annual number of deaths from drug overdose had increased substantially in Alaska. This requires a response, and SB 64 provides one piece of the proposed response. He explained that the provision in question relates to the crime of manslaughter. If a person knowingly manufactures or delivers a controlled substance in violation of other state laws and a person dies as the direct result of the ingestion of that controlled substance, the crime is classified as manslaughter, which is a Class A felony offense. Manslaughter has a presumptive range of four to seven years for a first-time offender and a maximum of twenty years. MR. SKIDMORE explained that the bill would move the provision of manslaughter to murder in the second degree. The bill lifts the provision because of the dramatic increase in drug overdose deaths. He noted that the increase in deaths is driven by fentanyl and methamphetamine poisoning. 2:41:54 PM MR. SKIDMORE pointed to a document in the bill packets titled, "Alaska Department of Health 2021 Drug Overdose Mortality Update." He moved to the graph on page 5, "Overdose Death Rates by Drug (2012-2021)." He quoted the language on page 6, "of the drugs evaluated in the report, the largest increases were seen in overdose deaths involving fentanyl (a synthetic opioid) and methamphetamine (a psychostimulant), increasing 150 percent and 148 percent, respectively." He added that the ability to prosecute overdose death cases is limited. The court must prove that the drugs supplied were a direct cause of death for the person involved. The drugs must be traced back to the individual who provided them. The bill attempts to authorize a greater penalty associated with engaging in the conduct. 2:44:33 PM CHAIR CLAMAN moved to invited testimony. 2:45:21 PM SANDY SNODGRASS, CEO, AK Fentanyl Response Project, Anchorage, Alaska, testified by invitation in support of SB 64. She reported that her son, Robert Bruce Snodgrass, died from fentanyl poisoning in Anchorage on October 21, 2021. Since viewing the toxicology report following her son's death, she has worked in various capacities to create a response to the fentanyl epidemic. She utilizes prevention and outreach efforts and SB 64 addresses public safety. She expressed hope that the legislature will consider moving the bill along to protect Alaska's children. She opined that SB 64 could be used by prosecutors to negotiate with lower-level drug dealers. She seeks the prosecution of drug trafficking organizations that are targeting Alaskans because of the inflated prices of illicit drugs in rural areas. She mentioned a newer drug known as xylazine that is gaining momentum as another dangerous substance and is often paired with fentanyl. CHAIR CLAMAN expressed condolences for the death of her son. 2:49:01 PM SENATOR KAUFMAN referred to an earlier conversation with Ms. Snodgrass where she compared drug overdose deaths to aircraft crashes. He asked her to share the comparison with the other committee members. MS. SNODGRASS offered the estimate that 300 Americans die from drug-related overdoses every day in the United States. She pointed out that 300 people can travel on a jumbo jet therefore the daily deaths were analogous to a daily plane crash. She presumed that the country would cease all flying operations if a jet crashed, killing 300 people every day. She acknowledged the lack of response to the increase in drug overdose deaths and fentanyl poisoning. SENATOR KAUFMAN offered to connect Ms. Snodgrass with community councils and other community meetings. He asked how the legislature might otherwise signal the issue in Alaska. MS. SNODGRASS reminded the committee about her grassroots efforts through the AK Fentanyl Response Project, a community- based organization used to educate Alaskans about fentanyl poisoning. She noted that her organization works closely with the Alaska Drug Enforcement Administration (DEA) to provide Naloxone training and distribution. She provided an anecdote about utilizing Naloxone to save a life in Washington, DC. 2:53:13 PM CHAIR CLAMAN stated that he appreciated having Naloxone available. He asked about her priority of targeting larger drug trafficking organizations versus street dealers. He wondered about the distinction. MS. SNODGRASS replied that the person who sold her son the drugs that led to his death was likely a person with an addiction disorder. She did not believe that prison was the appropriate place for low-level drug dealers unless they have a long criminal history and are felons. She stated that the person who sold or shared drugs with her son was likely a friend who needed help with addiction rather than a prison sentence. She hoped that large drug distribution organizations would be disabled and that people who profit from suffering would go to prison. 2:54:40 PM CHAIR CLAMAN opened public testimony on SB 64. KAREN MALCOLM-SMITH, Founder, David Dylan Foundation, Anchorage, Alaska, stated that she is a member of the Alaska Mental Health Advisory Board, but her statement did not reflect the opinions or recommendations of that board. She informed the committee that her 25-year-old son, Dylan, passed away in 2017 from a drug overdose death. She started the David Dylan Foundation to provide education about fentanyl poisoning. CHAIR CLAMAN offered his condolences for her loss. 3:01:52 PM STACY EISERT, representing self, Anchorage, Alaska, testified in support of SB 64 and the companion House bill. She stated that she lost her son to fentanyl poisoning. On March 10, 2021, her son ingested drugs laced with fentanyl. She spoke about the tragic loss of her son. She perceived that her son's death was an act of homicide by people who knowingly delivered a controlled substance. She wondered how many more lives would be ruined by the blatant acts of homicide. She advocated for consequences for trafficking dangerous substances. CHAIR CLAMAN offered his condolences for her loss. 3:05:45 PM JULIE BOUCHARD, representing self, Palmer, Alaska, testified in support of SB 64. She reported that her 21-year-old son was killed by a lethal dose of fentanyl. She held the person who sold her son drugs responsible for his death. She noted that an open trooper investigation was ongoing, which prevented her from sharing too many details. She reported knowing five other Alaskan mothers who lost children to fentanyl poisoning. She remarked about the 58 percent increase in fentanyl poisoning deaths in Alaska. She believed that a person found guilty of selling fentanyl-laced products should be charged with second- degree murder. CHAIR CLAMAN offered his condolences for her loss. 3:08:48 PM CHAIR CLAMAN closed public testimony on SB 64 and held the bill for further review.