SB 167-AGGRAVATING FACTOR: CORRECTIONS OFFICER  3:45:40 PM CHAIR REVAK announced the consideration of SENATE BILL NO. 167, "An Act providing for an aggravating factor at sentencing for contractors, volunteers, and employees of the Department of Corrections; and providing for an effective date." He invited Ms. Winkelman to present the bill. 3:46:01 PM JENNIFER WINKELMAN, Acting Deputy Commissioner, Department of Corrections, Juneau, Alaska, introduced SB 167, reading from the following prepared statement: Good afternoon Mr. Chairman and members of the Senate State Affairs Committee. For the record, my name is Jennifer Winkelman, Acting Deputy Commissioner for the Department of Corrections. Here with me today are Kelly Howell, Special Assistant/Legislative Liaison for the Department of Corrections, who will provide a sectional analysis of the bill, and Kaci Schroeder, Assistant Attorney General with the Department of Law, who is available to answer any legal questions associated with the bill. Thank you for the opportunity to appear before you today to introduce Senate Bill 167, an Act providing for an aggravating factor at sentencing for contractors, volunteers, and employees of the Department of Corrections, and providing for an effective date. Promoting the safety and security of our correctional facilities is the utmost priority of the Department of Corrections. Senate Bill 167 establishes an aggravator at sentencing for persons convicted of promoting contraband in the first degree if, at the time of the offense, the person was under contract, a volunteer, or an employee of the Department of Corrections and the offense was committed in the course of the persons contractual, volunteer, or employment duties. Contractors, volunteers, and employees of the Department of Corrections are granted special access within our facilities to assist them in the performance of their duties. This access bestows a high level of trust that is paramount to supporting and maintaining a safe and secure environment within our facilities. The safety and security of our correctional facilities is seriously compromised when contraband is brought inside the walls. When a contractor, volunteer, or employee of the department violates that trust by using their access to bring contraband into our facilities, an enhanced penalty should apply. Promoting contraband in the first degree is a class C felony that carries a sentence of zero to two years. By adding an additional aggravator under AS 12.55.155(c), Senate Bill 167 would allow a court to impose a lengthier sentence on contractors, volunteers, or employees who are convicted of this offense. We appreciate the opportunity to present Senate Bill 167 today and request your prompt and favorable action on this bill. Thank you. 3:48:31 PM KELLY HOWELL, Special Assistant and Legislative Liaison, Department of Corrections, Juneau, Alaska, read the following sectional analysis for SB 167: Section 1: Adds a new paragraph to AS 12.55.155(c) relating to factors that shall be considered by the sentencing court if proven and that may allow imposition of a sentence above the statutory presumptive range (aggravating factors). The new factor would be conviction of an offense under AS 11.56.375 (promoting contraband in the first degree) if the person, at the time of the conviction, was an employee, volunteer, or under contract with the Department of Corrections. Section 2: Establishes that the factor added in section 1 applies to offenses committed on or after the effective date of the act. Section 3: Establishes an effective date of July 1, 2020. She noted that there are three zero fiscal notes attached to SB 167. 3:49:59 PM SENATOR COGHILL asked how many times someone has been charged under AS 11.56.375, promoting contraband in the first degree. MS. WINKELMAN said she assumes he is asking about the Department of Corrections employees. SENATOR COGHILL replied he would like to know the total and then how many are correctional employees. MS. WINKELMAN said DOC is currently houses about 41 promoting contraband cases statewide, most of which are attached to another case. According to the DOC human resources office, less than 5 cases involving a DOC employee, contractor, or volunteer have gone to prosecution since 2012. She added that this snapshot shows that the bill would affect a small number of cases. SENATOR COGHILL asked, for that cohort, what the difference is between those charged and those convicted. MS. WINKELMAN replied she did not have that number. SENATOR COGHILL said he would like that information to understand whether the aggravator has any impact. 3:52:43 PM SENATOR REVAK said he would also like to know what type of contraband was moved in those five cases. He added that his assumption is that 5 people could move quite a lot of contraband before they got caught. SENATOR COGHILL asked what types of contraband account for the highest volume. MS. WINKELMAN responded that a person commits the crime of promoting contraband in the first degree if the contraband is a deadly weapon, a defensive weapon, an article that is intended by the defendant to be used as a means of facilitating escape, or a controlled substance. SENATOR COGHILL asked if most of the cases that resulted in successful prosecution involved contraband to promote escape or drug use. MS. WINKELMAN replied she would follow up with the specifics. SENATOR COGHILL said he would appreciate that information because anecdotal evidence indicates that drugs get into the facilities far too often SENATOR REVAK asked Ms. Winkelman to submit the information to the committee. 3:54:57 PM At ease 3:55:25 PM CHAIR REVAK reconvened the meeting and opened public testimony on SB 167. Seeing none, he said he would keep it open, but testimony could also be submitted to ssta@akleg.gov. He noted there were three zero fiscal notes attached to SB 167. SENATOR REVAK held SB 167 in committee for future consideration.