ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 2, 2014                                                                                          
                           1:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Bob Lynn, Vice Chair                                                                                             
Representative Gabrielle LeDoux                                                                                                 
Representative Charisse Millett                                                                                                 
Representative Neal Foster                                                                                                      
Representative Lance Pruitt                                                                                                     
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION:  COMMISSION ON JUDICIAL CONDUCT                                                                                   
                                                                                                                                
     Marc June - Anchorage                                                                                                      
                                                                                                                                
     CONFIRMATION(S) ADVANCED                                                                                                   
                                                                                                                                
CONFIRMATION:  VIOLENT CRIMES COMPENSATION BOARD                                                                                
                                                                                                                                
     NORA G. BARLOW - Anchorage                                                                                                 
                                                                                                                                
     CONFIRMATION(S) ADVANCED                                                                                                   
                                                                                                                                
HOUSE BILL NO. 375                                                                                                              
"An Act relating to the crime of trespass."                                                                                     
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 171(JUD)                                                                               
"An Act relating to multidisciplinary child protection teams;                                                                   
and relating to investigation of child abuse or neglect."                                                                       
                                                                                                                                
     - MOVED HCS CSSB 171(JUD) OUT OF COMMITTEE                                                                                 
                                                                                                                                
COMMITTEE SUBSTITUTE FOR SENATE BILL NO. 64(FIN)                                                                                
"An Act relating to theft and property offenses; relating to the                                                                
definition of 'prior convictions' for certain theft offenses;                                                                   
establishing   the  Alaska   Criminal   Justice  Commission   and                                                               
providing an expiration date; relating  to the crime of custodial                                                               
interference;  relating  to the  duties  of  the Alaska  Judicial                                                               
Council;  relating to  jail-time credit  for offenders  in court-                                                               
ordered treatment  programs; relating  to conditions  of release,                                                               
probation, and parole; relating to  duties of the commissioner of                                                               
corrections  and  board  of  parole;   establishing  a  fund  for                                                               
reducing  recidivism  in  the Department  of  Health  and  Social                                                               
Services;  requiring  the  commissioner   of  health  and  social                                                               
services  to  establish programs  for  persons  on conditions  of                                                               
release  or   probation  that  require  testing   for  controlled                                                               
substances  and  alcoholic  beverages;  requiring  the  board  of                                                               
parole to establish  programs for persons on  parole that require                                                               
testing  for  controlled   substances  and  alcoholic  beverages;                                                               
relating to  the duties  of the Department  of Health  and Social                                                               
Services; and providing for an effective date."                                                                                 
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 375                                                                                                                  
SHORT TITLE: CRIMINAL TRESPASS ON PRIVATE PROPERTY                                                                              
SPONSOR(s): FINANCE                                                                                                             
                                                                                                                                
03/13/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/13/14       (H)       JUD                                                                                                    
04/02/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB 171                                                                                                                  
SHORT TITLE: MULTIDISCIPLINARY CHILD PROTECTION TEAMS                                                                           
SPONSOR(s): COGHILL                                                                                                             
                                                                                                                                
02/12/14       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/12/14       (S)       JUD                                                                                                    
02/24/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/24/14       (S)       Heard & Held                                                                                           
02/24/14       (S)       MINUTE(JUD)                                                                                            
03/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/03/14       (S)       Scheduled But Not Heard                                                                                
03/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
03/05/14       (S)       Moved CSSB 171(JUD) Out of Committee                                                                   
03/05/14       (S)       MINUTE(JUD)                                                                                            
03/07/14       (S)       JUD RPT CS  2DP 2NR   SAME TITLE                                                                       
03/07/14       (S)       DP: COGHILL, DYSON                                                                                     
03/07/14       (S)       NR: WIELECHOWSKI, OLSON                                                                                
03/21/14       (S)       TRANSMITTED TO (H)                                                                                     
03/21/14       (S)       VERSION: CSSB 171(JUD)                                                                                 
03/24/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/24/14       (H)       JUD                                                                                                    
04/02/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
BILL: SB  64                                                                                                                  
SHORT TITLE: OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                          
SPONSOR(s): JUDICIARY                                                                                                           
                                                                                                                                
02/27/13       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/27/13       (S)       STA, JUD                                                                                               
04/04/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/04/13       (S)       <Bill Hearing Postponed>                                                                               
04/09/13       (S)       STA RPT CS  1DP 1NR 1AM  NEW TITLE                                                                     
04/09/13       (S)       DP: DYSON                                                                                              
04/09/13       (S)       NR: GIESSEL                                                                                            
04/09/13       (S)       AM: COGHILL                                                                                            
04/09/13       (S)       STA AT 9:00 AM BUTROVICH 205                                                                           
04/09/13       (S)       Moved CSSB  64(STA) Out of Committee                                                                   
04/09/13       (S)       MINUTE(STA)                                                                                            
07/25/13       (S)       JUD AT 10:00 AM WASILLA                                                                                
07/25/13       (S)       Heard & Held                                                                                           
07/25/13       (S)       MINUTE(JUD)                                                                                            
01/29/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/29/14       (S)       Heard & Held                                                                                           
01/29/14       (S)       MINUTE(JUD)                                                                                            
01/31/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
01/31/14       (S)       Heard & Held                                                                                           
01/31/14       (S)       MINUTE(JUD)                                                                                            
02/03/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/03/14       (S)       Heard & Held                                                                                           
02/03/14       (S)       MINUTE(JUD)                                                                                            
02/05/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/05/14       (S)       Heard & Held                                                                                           
02/05/14       (S)       MINUTE(JUD)                                                                                            
02/07/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/07/14       (S)       -- MEETING CANCELED --                                                                                 
02/10/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/10/14       (S)       Heard & Held                                                                                           
02/10/14       (S)       MINUTE(JUD)                                                                                            
02/12/14       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
02/12/14       (S)       Moved CSSB  64(JUD) Out of Committee                                                                   
02/12/14       (S)       MINUTE(JUD)                                                                                            
02/14/14       (S)       JUD RPT CS  4DP 1NR  NEW TITLE                                                                         
02/14/14       (S)       DP: COGHILL, MCGUIRE, WIELECHOWSKI,                                                                    
                         DYSON                                                                                                  
02/14/14       (S)       NR: OLSON                                                                                              
02/14/14       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
02/25/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
02/25/14       (S)       Heard & Held                                                                                           
02/25/14       (S)       MINUTE(FIN)                                                                                            
03/06/14       (S)       FIN AT 5:00 PM SENATE FINANCE 532                                                                      
03/06/14       (S)       Heard & Held                                                                                           
03/06/14       (S)       MINUTE(FIN)                                                                                            
03/11/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/11/14       (S)       Heard & Held                                                                                           
03/11/14       (S)       MINUTE(FIN)                                                                                            
03/11/14       (S)       FIN AT 5:00 PM SENATE FINANCE 532                                                                      
03/11/14       (S)       Heard & Held                                                                                           
03/11/14       (S)       MINUTE(FIN)                                                                                            
03/13/14       (S)       FIN AT 9:00 AM SENATE FINANCE 532                                                                      
03/13/14       (S)       Moved CSSB  64(FIN) Out of Committee                                                                   
03/13/14       (S)       MINUTE(FIN)                                                                                            
03/14/14       (S)       FIN RPT CS  3DP 1NR 3AM   NEW TITLE                                                                    
03/14/14       (S)       DP: KELLY, MEYER, HOFFMAN                                                                              
03/14/14       (S)       NR: OLSON                                                                                              
03/14/14       (S)       AM: FAIRCLOUGH, DUNLEAVY, BISHOP                                                                       
03/14/14       (S)       TRANSMITTED TO (H)                                                                                     
03/14/14       (S)       VERSION: CSSB 64(FIN)                                                                                  
03/17/14       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/17/14       (H)       JUD, FIN                                                                                               
03/24/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/24/14       (H)       Heard & Held                                                                                           
03/24/14       (H)       MINUTE(JUD)                                                                                            
03/26/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/26/14       (H)       Heard & Held                                                                                           
03/26/14       (H)       MINUTE(JUD)                                                                                            
03/28/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/28/14       (H)       Heard & Held                                                                                           
03/28/14       (H)       MINUTE(JUD)                                                                                            
03/31/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/31/14       (H)       Scheduled But Not Heard                                                                                
04/02/14       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MARC JUNE, Appointee                                                                                                            
Commission on Judicial Conduct                                                                                                  
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke as an appointee to the Commission on                                                                
Judicial Conduct.                                                                                                               
                                                                                                                                
NORA G. BARLOW, Appointee                                                                                                       
Violent Crimes Compensation Board                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke as an appointee to the Violent Crimes                                                               
Compensation Board.                                                                                                             
                                                                                                                                
DARREL BREESE, Staff                                                                                                            
to Representative Bill Stoltze                                                                                                  
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented HB 375 on behalf of Representative                                                              
Stoltze, sponsor.                                                                                                               
                                                                                                                                
NICOLINE JORDAN                                                                                                                 
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in favor of HB 375.                                                                             
                                                                                                                                
JOHN VINDUSKA                                                                                                                   
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Testified in favor of SB 375.                                                                             
                                                                                                                                
QUINLAN STEINER, Public Defender                                                                                                
Public Defender Agency                                                                                                          
Alaska Department of Administration                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions regarding HB 375.                                                                      
                                                                                                                                
BURKE WALDRON, Captain                                                                                                          
Alaska Wildlife Troopers                                                                                                        
Department of Public Safety                                                                                                     
Palmer, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions regarding HB 375.                                                                      
                                                                                                                                
RYNNIEVA MOSS, Staff                                                                                                            
to Senator John Coghill                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented a committee substitute [CS] to SB                                                               
171 on behalf of Senator Coghill, sponsor.                                                                                      
                                                                                                                                
JESSICA LAWMASTER, Executive Director                                                                                           
Haven House                                                                                                                     
Homer, Alaska                                                                                                                   
POSITION STATEMENT: Spoke in support of SB 171.                                                                               
                                                                                                                                
BABETTE MILLER                                                                                                                  
Smart Start of Alaska                                                                                                           
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Spoke against  any amendment that would allow                                                             
the use of  breathalyzers in place of  ignition interlock devices                                                               
in SB 64.                                                                                                                       
                                                                                                                                
QUINLAN STEINER, Public Defender                                                                                                
Alaska Department of Administration                                                                                             
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Spoke  in  favor  of   raising  the  value                                                             
threshold  between misdemeanor  and  felony theft  in  SB 64  and                                                               
against Amendment 7.                                                                                                            
                                                                                                                                
JEFF JESSE, Chief Executive Officer                                                                                             
Alaska Mental Health Trust Authority                                                                                            
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Spoke in support of SB 64.                                                                                
                                                                                                                                
TED MADSEN, Staff                                                                                                               
to Representative Max Gruenberg                                                                                                 
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Presented an amendment  to SB 64 on behalf of                                                             
Representative Gruenberg.                                                                                                       
                                                                                                                                
ERNEST PRAX, Staff                                                                                                              
to Representative Wes Keller                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented amendments to  SB 64 on  behalf of                                                             
Representative Keller.                                                                                                          
                                                                                                                                
JORDAN SHILLING, Staff                                                                                                          
to Senator John Coghill                                                                                                         
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Commented on amendments  to SB 64  on behalf                                                             
of Senator Coghill, sponsor.                                                                                                    
                                                                                                                                
DOUG GARDNER, Attorney                                                                                                          
Legislative Legal Counsel                                                                                                       
Legislative Legal and Research Services                                                                                         
Legislative Affairs Agency (LAA)                                                                                                
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Answered  questions  as  the   drafter  of                                                             
Amendment 5 to SB 64.                                                                                                           
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:08:15 PM                                                                                                                    
                                                                                                                                
CHAIR WES  KELLER called the  House Judiciary  Standing Committee                                                             
meeting  to order  at 1:08  p.m.   Representatives Lynn,  LeDoux,                                                               
Millet,  and   Keller  were  present   at  the  call   to  order.                                                               
Representatives  Foster, Pruitt,  and  Gruenberg  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^CONFIRMATION HEARINGS:                                                                                                         
^Commission on Judicial Conduct                                                                                                 
                     CONFIRMATION HEARINGS:                                                                                 
                 Commission on Judicial Conduct                                                                             
1:09:16 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced that the first order of business would be                                                                
confirmation hearings.                                                                                                          
                                                                                                                                
MARC  JUNE, Appointee,  Commission on  Judicial Conduct,  said he                                                               
has been  an Alaska lawyer  for 30 years and  he has served  in a                                                               
variety of  positions with the Alaska  Bar Association, including                                                               
the  Board  of  Governors, Disciplinary  Panel,  and  Arbitration                                                               
Panel, and he  is currently on the Ethics Committee.   He said he                                                               
also  serves on  the Alaska  Civil Rules  Committee.   Outside of                                                               
professional work, he is on  the Brother Francis Shelter Advisory                                                               
Committee  and  on  the  Board   of  Directors  of  Alaska  Legal                                                               
Services.   He  told the  committee that  he has  appeared in  95                                                               
percent of the  courtrooms in Alaska, and this morning  he was at                                                               
the  Palmer Courthouse.   The  appointment to  the Commission  on                                                               
Judicial Conduct is  important to him.  At times  there is debate                                                               
about the selection  process, but Alaska has  a strong judiciary,                                                               
and once judges are selected,  the Commission on Judicial Conduct                                                               
is the mechanism to make sure  judges act the way that the canons                                                               
of judicial  conduct require,  he explained.   He  said it  is an                                                               
important  body  and has  public  members  as well  as  judiciary                                                               
members, and he looks forward to contributing in any way he can.                                                                
                                                                                                                                
1:12:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT asked him when he finds time to sleep.                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX  said she has known  Mr. June for up  to 20                                                               
years and he would make an excellent addition to this board.                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he knows  Mr. June  and he  has a                                                               
good reputation.  Mr. June went  to Stanford and UCLA law school,                                                               
which is where Representative Gruenberg went, he added.                                                                         
                                                                                                                                
REPRESENTATIVE LYNN made a motion  to advance the confirmation of                                                               
Marc  June,  appointee  to  the  Alaska  Commission  on  Judicial                                                               
Conduct, to the joint session  for consideration.  There being no                                                               
objection, the confirmation was advanced.                                                                                       
                                                                                                                                
^CONFIRMATION HEARINGS:                                                                                                         
^Violent Crimes Compensation Board                                                                                              
                     CONFIRMATION HEARINGS:                                                                                 
               Violent Crimes Compensation Board                                                                            
                                                                                                                              
1:14:00 PM                                                                                                                    
                                                                                                                              
NORA  G. BARLOW,  Appointee, Violent  Crimes Compensation  Board,                                                               
said she is an attorney in  Anchorage and has been serving on the                                                               
Violent Crimes  Compensation Board  for some time.   This  is her                                                               
third confirmation  hearing, she  added.  The  board is  a three-                                                               
member panel with  an attorney, doctor, and layperson.   She said                                                               
it is important work and she enjoys participating.                                                                              
                                                                                                                                
1:15:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he  has known  Ms.  Barlow for  a                                                               
number of  years, and she has  great qualifications and a  lot of                                                               
experience.                                                                                                                     
                                                                                                                                
CHAIR KELLER noted that she has an impressive resume.                                                                           
                                                                                                                                
REPRESENTATIVE LYNN made a motion  to advance the confirmation of                                                               
Nora Barlow, appointee to the  Violent Crimes Compensation Board,                                                               
to  the  joint  session  for   consideration.    There  being  no                                                               
objection, the confirmation was advanced.                                                                                       
                                                                                                                                
          HB 375-CRIMINAL TRESPASS ON PRIVATE PROPERTY                                                                      
                                                                                                                              
1:16:36 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE BILL NO. 375, "An Act relating to the crime of trespass."                                                                 
                                                                                                                                
DARREL  BREESE, Staff,  to  Representative  Bill Stoltze,  Alaska                                                               
State Legislature,  said HB 375  is simple  and yet complex.   It                                                               
repeals  two sections  of the  criminal trespass  statute in  the                                                               
definition section,  eliminating the  requirement to  give notice                                                               
of trespass in a specific manner.   He said that in the Matanuska                                                               
Valley  last  year  there  were  two  incidences  where  trespass                                                               
occurred  but  could   not  be  enforced  due   to  the  specific                                                               
definitions   in  statute.      In  August,   a  constituent   of                                                               
Representative Stoltze  had his tame  pet turkey shot  and killed                                                               
in  his driveway  by  bow hunters.   Since  there  were no  signs                                                               
clearly  posted,  there  was  nothing  that  could  be  done,  he                                                               
explained.   In November,  there were  people trapping  on Nicole                                                               
Jordan's gravel  pit without permission,  but because  there were                                                               
no  signs posted  to say  trapping was  prohibited, the  trappers                                                               
were allowed to trespass.                                                                                                       
                                                                                                                                
MR. BREESE  stated that  "this isn't  about hunting  or trapping;                                                               
this about  clearly defining property  owners' rights  to declare                                                               
what can happen  and cannot happen on their property."   The bill                                                               
repeals AS 11.46.350 (b) and (c):                                                                                               
                                                                                                                                
      (b)  For  purposes  of this  section,  a  person  who,                                                                    
     without intent  to commit a  crime on the  land, enters                                                                    
     or remains upon unimproved  and apparently unused land,                                                                    
     which  is neither  fenced nor  otherwise enclosed  in a                                                                    
     manner designed to exclude  intruders, is privileged to                                                                    
     do so unless                                                                                                               
     (1) notice against  trespass is personally communicated                                                                    
     to that person  by the owner of the land  or some other                                                                    
     authorized person; or                                                                                                      
     (2) notice  against trespass is  given by posting  in a                                                                    
     reasonably conspicuous manner under the circumstances.                                                                     
      (c) A notice against trespass is given if the notice                                                                      
     (1) is printed legibly in English;                                                                                         
     (2) is at least 144 square inches in size;                                                                                 
     (3) contains the  name and address of  the person under                                                                    
     whose  authority the  property is  posted and  the name                                                                    
     and address  of the person  who is authorized  to grant                                                                    
     permission to enter the property;                                                                                          
     (4)  is placed  at  each  roadway and  at  each way  of                                                                    
     access  onto   the  property  that  is   known  to  the                                                                    
     landowner;                                                                                                                 
     (5)  in the  case of  an  island, is  placed along  the                                                                    
     perimeter at each cardinal point of the island; and                                                                        
     (6) states  any specific  prohibition that  the posting                                                                    
     is  directed against,  such  as  "no trespassing,"  "no                                                                    
     hunting,"  "no  fishing,"   "no  digging,"  or  similar                                                                    
     prohibitions.                                                                                                              
                                                                                                                                
1:20:47 PM                                                                                                                    
                                                                                                                                
MR.  BREESE stated  that in  the  case in  Matanuska Valley,  the                                                               
property  owners had  a no-trespassing  sign that  was not  large                                                               
enough and  was not  posted on  each point of  access, so  it was                                                               
determined that  the individuals  who were  trapping were  not in                                                               
violation of the law.                                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if he  said that the owner  can give                                                               
specific  notice and  the trespass  will be  illegal.   "I gather                                                               
from  the  newspaper  article  that  the  owner  said  'hey,  you                                                               
shouldn't be here.'"  She asked why they were not prosecuted.                                                                   
                                                                                                                                
MR.  BREESE answered  that the  law  requires that  the signs  be                                                               
posted in a clear and concise manner.                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX said  she heard him say  that the landowner                                                               
can personally tell people not to trespass.                                                                                     
                                                                                                                                
MR. BREESE said  she is correct based on  his interpretation, but                                                               
the courts determined that signs needed to be clearly posted.                                                                   
                                                                                                                                
1:22:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked about the turkey.   It was a pet with                                                               
a name, so why was there no prosecution?                                                                                        
                                                                                                                                
MR. BREESE  said that is  a question  for the Department  of Law,                                                               
but his  understanding is that the  owner did not want  to [press                                                               
charges],  but he  was disappointed  that someone  is allowed  to                                                               
come on his property and "take such severe action."                                                                             
                                                                                                                                
1:22:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX said  HB 375 sounds like a  great bill, but                                                               
she does  a lot of hiking,  and if she  does not see a  sign when                                                               
she is  out, she  could be  guilty of  a misdemeanor  by crossing                                                               
someone's land.                                                                                                                 
                                                                                                                                
MR.  BREESE noted  that  there are  easements  that exist  across                                                               
lands  with historic  trails in  rural areas.   The  incidents he                                                               
referred to  were just  outside of Palmer  and not  in wilderness                                                               
where  there  is  more  hiking.   It  was  clearly  in  someone's                                                               
driveway, he  added.  Easements  are "allowed if  you're crossing                                                               
an  existing easement  and  existing  trails."   If  a person  is                                                               
blazing a trail on someone's property, it could be trespassing.                                                                 
                                                                                                                                
1:24:34 PM                                                                                                                    
                                                                                                                                
MR. BREESE said  that HB 375 will place the  burden on the person                                                               
to get  permission to  access someone's  property, as  opposed to                                                               
the property owners,  who, "if they do not  post signs currently,                                                               
they  basically  say  anyone  who  wants to  have  access  to  my                                                               
property has access  to my property."  If a  person wants to hike                                                               
or trap, maps are available  from government entities, he stated.                                                               
In rural  areas of Alaska  it is more  difficult to know  who the                                                               
landowners are, but that information  is becoming more available,                                                               
he  added.   "We  need  to  look  out  and protect  the  personal                                                               
property rights  and put the burden  on those who want  to access                                                               
people's land to acquire the  permission rather than just opening                                                               
[the  land]  up for  anyone  and  everyone  who wants  to  access                                                               
someone's land," he stated.                                                                                                     
                                                                                                                                
1:25:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   FOSTER  said   he  has   the  same   concern  as                                                               
Representative LeDoux.   He said he does a lot  of hiking, but he                                                               
understands   the  need   to  protect   the  private   landowner,                                                               
especially when  there is the  killing of  pets and such.   There                                                               
are  times when  he hikes  without a  planned direction;  "I just                                                               
start walking."   He does not envision people going  to get maps,                                                               
he added,  but he understands both  sides and it is  a little bit                                                               
of a conundrum.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG said he  has the same concerns, although                                                               
his  hiking consists  of  walking from  the  refrigerator to  the                                                               
couch.                                                                                                                          
                                                                                                                                
REPRESENTATIVE LEDOUX noted that  it is probably far-fetched, but                                                               
she gave  the example  of turning  around in  someone's driveway,                                                               
and asked if that would be a misdemeanor.                                                                                       
                                                                                                                                
1:27:27 PM                                                                                                                    
                                                                                                                                
MR. BREESE said  that the statute refers to a  person "who enters                                                               
or remains unlawfully,"  so someone turning around  in a person's                                                               
driveway will probably not run  the risk of prosecution unless he                                                               
or she remains there.  He said  that may refer to hiking as well,                                                               
so  if  a  person  is  just  walking  across....  He  said  "most                                                               
landowners would understand  if they see you out  there and don't                                                               
want you  there, they would say  'hey, could you please  stay off                                                               
my property in the future.'"   He added that he cannot envision a                                                               
large number  of cases being filed  just because of HB  375.  The                                                               
enforcement issues will  be in more urban areas  and places where                                                               
people clearly  do not want  people accessing their  property and                                                               
conducting activities such as trapping and hunting, he stated.                                                                  
                                                                                                                                
1:28:29 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  said this  is  a  big  issue considering  all  the                                                               
different types  of land in  Alaska.   There is a  big difference                                                               
between a lot and land held by a Native corporation, he stated.                                                                 
                                                                                                                                
NICOLINE JORDAN  stated that she  was the lessor of  the property                                                               
where the  trappers were operating.   She said she filed  a civil                                                               
suit against the trappers and "they  gave us an offer of judgment                                                               
of  $250."   It cost  her  quite a  bit  of money  to bring  this                                                               
forward to  begin with, she noted.   The trappers were  there for                                                               
the second  year and  they entered through  an access  point that                                                               
was blocked with  logs and rocks, so it was  obvious that she did                                                               
not  want  anyone  in  there.   The  trappers  brought  in  moose                                                               
carcasses  as  bait,  and  one  of the  trappers  was  an  Alaska                                                               
wildlife trooper  and should  have known better,  she said.   She                                                               
opined  that  the law  needs  to  be  rewritten "because  if  the                                                               
troopers can't  understand it, then obviously  the general public                                                               
is having  a hard time with  it too."   She said she went  to the                                                               
borough just to  determine land ownership in the  valley, and the                                                               
time  it took  her  was  only four  minutes.    On an  electronic                                                               
device,  property ownership  can be  determined within  minutes-a                                                               
person does not have to gather maps, she noted.                                                                                 
                                                                                                                                
MS.  JORDAN  said there  were  no  trespassing signs  around  the                                                               
property, but  it is 160 acres.   Her biggest concern  is keeping                                                               
out the four-wheelers  and dirt bikes so that she  will not go to                                                               
work one morning and find out  that someone is dead at the bottom                                                               
of one of her gravel banks.   She said "the trapping thing" was a                                                               
big surprise, and it  is not hard to figure out  who the owner of                                                               
a property  is today.   She said it  is important to  protect the                                                               
rights of property  owners, and it should not be  their burden to                                                               
prosecute  [trespassers].   It is  not  right to  be on  anyone's                                                               
property "unless you're dying ...  and you need to use somebody's                                                               
cabin to stay alive, then that's OK," she added.                                                                                
                                                                                                                                
1:32:48 PM                                                                                                                    
                                                                                                                                
JOHN VINDUSKA said he is the  person whose turkey was shot at the                                                               
end of his driveway.  He has  lived in his residence for 40 years                                                               
and has  always had  free-ranging chickens  on his  property, but                                                               
four years ago  he incubated four turkey eggs.   He said he could                                                               
not  eat the  turkeys because  they were  friendly, followed  him                                                               
around like  a dog, and  were a heritage  breed.  They  were like                                                               
little members  of his community, he  stated, but one day  one of                                                               
them turned up  missing and then another one.   He found a bloody                                                               
arrow and  later a neighbor came  over and told him  that someone                                                               
just shot one of his turkeys.   The neighbor said there was a car                                                               
parked at the end of Mr.  Vinduska's driveway and three kids were                                                               
headed toward the  chicken coop with bows, and  the neighbor told                                                               
them  that the  owner would  not like  them hunting  there.   Mr.                                                               
Vinduska confronted them  and they said they had  killed a "wild"                                                               
turkey.                                                                                                                         
                                                                                                                                
1:36:08 PM                                                                                                                    
                                                                                                                                
MR. VINDUSKA  called the  troopers, and a  trooper came  and said                                                               
the driveway  was not posted  with a no  hunting sign.   He noted                                                               
that he owns 120 acres and  has the same problems that Ms. Jordan                                                               
has with  four-wheelers.  He  stated that his property  is pretty                                                               
well  posted,  and there  is  a  sign  about  100 feet  from  his                                                               
driveway, but it was not properly  placed on his driveway and was                                                               
not the  correct size.   The trooper said  it was wrong  what the                                                               
kids did,  but the  turkey is  not a native  game animal  and the                                                               
land was  not posted,  so the kids  did not commit  a crime.   He                                                               
asked what  would happen if  a dog,  cat, or horse  was shot-they                                                               
are not  native animals.   He was told  that a chicken  or turkey                                                               
does not meet  the value of the other animals.   He expressed his                                                               
belief  that most  landowners would  not prosecute  a person  for                                                               
just walking through  their properties.  The intent  of this bill                                                               
is  stop people  from  causing trouble  on  private property,  he                                                               
concluded.                                                                                                                      
                                                                                                                                
1:38:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  suggested   asking   someone  from   the                                                               
Department  of  Law  why  the  killing of  a  pet  would  not  be                                                               
prosecuted.                                                                                                                     
                                                                                                                                
QUINLAN STEINER, Public Defender,  Public Defender Agency, Alaska                                                               
Department  of  Administration, said  he  did  not research  that                                                               
particular issue but he is not sure  why it would not be a crime.                                                               
He spoke of criminal trespass.                                                                                                  
                                                                                                                                
REPRESENTATIVE  LEDOUX interjected  and said  even if  it is  not                                                               
criminal trespass, why  would it be perfectly fine to  take out a                                                               
bow and arrow and shoot a pet?                                                                                                  
                                                                                                                                
1:41:10 PM                                                                                                                    
                                                                                                                                
MR.  STEINER said  he assumes  it would  be, at  the very  least,                                                               
criminal mischief, if a pet is somebody's property.                                                                             
                                                                                                                                
BURKE WALDRON,  Captain, Alaska Wildlife Troopers,  Department of                                                               
Public  Safety, in  response to  being asked  if the  trooper had                                                               
given  the   correct  message,  said   that  he  does   not  feel                                                               
comfortable answering  that question until  he can find  out more                                                               
information.  He will get back to the committee later.                                                                          
                                                                                                                                
CHAIR KELLER set HB 375 aside.                                                                                                  
                                                                                                                                
        SB 171-MULTIDISCIPLINARY CHILD PROTECTION TEAMS                                                                     
                                                                                                                                
1:42:29 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
CS  FOR   SENATE  BILL   NO.  171(JUD),   "An  Act   relating  to                                                               
multidisciplinary  child   protection  teams;  and   relating  to                                                               
investigation of child abuse or neglect."                                                                                       
                                                                                                                                
1:43:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN moved  to adopt the CS for SB  171, label 28-                                                               
LS1416\P  as  the  working  document.    Hearing  no  objections,                                                               
Version P for before the committee.                                                                                             
                                                                                                                                
RYNNIEVA  MOSS,  Staff, to  Senator  John  Coghill, Alaska  State                                                               
Legislature,  said   that  the  Alaska  Children's   Justice  Act                                                               
taskforce had  a luncheon about  six weeks ago, and  it presented                                                               
some issues that  are facing agencies that deal  with child abuse                                                               
and sexual  abuse.  The  state has multidisciplinary  teams (MDT)                                                               
that work together  to prevent children who are  victims of abuse                                                               
from being  interviewed multiple times by  the different agencies                                                               
that are  involved in the  investigations, she explained.   Under                                                               
current statute,  the Office of  Children's Services is  the only                                                               
agency that  can establish a multi-disciplinary  child protection                                                               
team.    She said  that  SB  171 expands  that  so  any state  or                                                               
municipal agency  of law enforcement  or a tribe can  establish a                                                               
multi-disciplinary child protection team.   Secondly, SB 171 adds                                                               
people to the MDT, including someone  who is versed in the Indian                                                               
Child Welfare  Act (ICWA) and who  is designated by a  tribe that                                                               
is involved  in the case.   The measure  also adds a  person from                                                               
the Division of  Juvenile Justice and a medical  provider who has                                                               
received training in child abuse assessment, she explained.                                                                     
                                                                                                                                
1:45:31 PM                                                                                                                    
                                                                                                                                
MS. MOSS  stated that the MDT  does not always meet  often enough                                                               
to keep  abreast of what is  happening with the child,  so SB 171                                                               
mandates that  the team  meets monthly.   The MDT  is beneficial;                                                               
instead of  having one  social worker  making all  the decisions,                                                               
there are  many experts who can  discuss the child's needs.   She                                                               
said this  bill will make  sure that a  child not involved  in an                                                               
Office  of Children's  Services (OCS)  case, but  who has  been a                                                               
victim of  abuse, will get  the same  treatment as a  child going                                                               
through the process with OCS.                                                                                                   
                                                                                                                                
1:46:24 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER asked if the  team includes any community members or                                                               
anyone with significant [relations] with the child.                                                                             
                                                                                                                                
MS.  MOSS answered  that during  a "mediation"  there are  family                                                               
members,  teachers, friends,  and nurses  who  attend.   It is  a                                                               
different process, she explained.                                                                                               
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
REPRESENTATIVE  MILLETT said  this  is a  well  written and  well                                                               
thought  out bill.    She moved  to  report the  CS  for SB  171,                                                               
labeled   28-LS1416\P   out    of   committee   with   individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
1:47:54 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER objected in order to reopen public testimony.                                                                      
                                                                                                                                
JESSICA LAWMASTER,  Executive Director,  Haven House,  said Haven                                                               
House is a  domestic violence and sexual  assault resource center                                                               
that  administers free  child advocacy  for the  Kenai Peninsula.                                                               
She  said  she  is  also  the  chair  of  the  Alaska  Children's                                                               
Alliance, which represents  all of the child  advocacy centers in                                                               
the state,  and, on behalf of  all of the centers,  she expressed                                                               
support for SB 171.                                                                                                             
                                                                                                                                
REPRESENTATIVE  MILLETT  asked  if  Ms. Lawmaster  has  seen  the                                                               
"Erin's Law" bill,  and Ms. Lawmaster said she  testified on that                                                               
legislation this morning.   The two bills  complement each other,                                                               
Representative Millet opined.                                                                                                   
                                                                                                                                
1:49:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that  there  is  mention  of  a                                                               
prosecutor on page  2, lines 22-23 [of the bill].   "Then we have                                                               
an attorney who  specializes in child protection  in the Attorney                                                               
General's Office,"  he said.   He  explained that  he has  been a                                                               
family  law   practitioner  for  many   years,  and  it   is  his                                                               
understanding  that the  person who  takes the  civil cases  is a                                                               
member of  the Attorney  General's Office.   He assumed  that the                                                               
attorney mentioned  on lines 22-23  is a criminal  prosecutor, so                                                               
both attorneys are in the Department  of Law, but one handles the                                                               
civil issues  and the  other takes  up the  criminal prosecution.                                                               
He asked if he was correct.                                                                                                     
                                                                                                                                
1:52:00 PM                                                                                                                    
                                                                                                                                
MS. MOSS expressed  her belief that the first  team in subsection                                                               
(b)  is the  MDT.   The  second section  includes  those who  are                                                               
invited by consensus,  "so a prosecutor could be  a tribal court-                                                               
it doesn't necessarily have to be through the state court."                                                                     
                                                                                                                                
1:52:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that   the  bill  refers  to  a                                                               
criminal prosecutor,  regardless of  working for  a tribe  or the                                                               
state.    He  said he  is  concerned  that  there  is no  one  to                                                               
represent the  defense, like  a public  defender or  someone from                                                               
OPA [Office of Public Advocacy].   "If this is a child protection                                                               
team  and they're  developing  procedures  and stuff...that  they                                                               
don't have both sides represented.  Am I missing something?"                                                                    
                                                                                                                                
MS.  MOSS said  she  guessed  it is  because  MDT  is focused  on                                                               
healing  the  child;   this  team  is  not   concerned  with  the                                                               
prosecution  of a  defendant, but  it is  concerned with  getting                                                               
this  child's  life and  the  family's  life  back in  order  and                                                               
getting  them the  counseling  that  they need.    "I think  it's                                                               
completely separate from the criminal process," she added.                                                                      
                                                                                                                                
1:54:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT said  that  she does  not understand  why                                                               
there  should  be  anyone  who   caused  the  harm  to  have  any                                                               
representation  on  this  team.    "You're  trying  to  heal  the                                                               
child...that  would be  inflicting  more wound  onto more  wound.                                                               
This is  to get the child  healthy again, so I  think the make-up                                                               
of it is absolutely perfect," she stated.                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX said that even  if it were an investigative                                                               
team, since  when does a  defense counsel sit at  the prosecutors                                                               
table and help them develop strategy?                                                                                           
                                                                                                                                
1:55:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said he stands corrected.                                                                              
                                                                                                                                
CHAIR KELLER  closed public testimony  and removed  his objection                                                               
to  moving  the  CS  for  SB  171,  labeled  28-LS1416\P  out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.   There being  no objection, HCS CSSB  171(JUD) was                                                               
reported from the House Judiciary Committee.                                                                                    
                                                                                                                                
The committee took an at-ease from 1:55 p.m. to 2:00 p.m.                                                                       
                                                                                                                                
        SB 64-OMNIBUS CRIME/CORRECTIONS/RECIDIVISM BILL                                                                     
                                                                                                                                
2:00:18 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
SENATE BILL  NO. 64, "An  Act establishing the  Alaska Sentencing                                                               
Commission; relating to jail-time  credit for offenders in court-                                                               
ordered  treatment programs;  allowing a  reduction of  penalties                                                               
for  offenders  successfully completing  court-ordered  treatment                                                               
programs  for  persons  convicted  of  driving  while  under  the                                                               
influence or refusing  to submit to a chemical  test; relating to                                                               
court  termination  of  a  revocation   of  a  person's  driver's                                                               
license; relating  to limitation  of drivers'  licenses; relating                                                               
to  conditions of  probation  and parole;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
2:01:05 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER opened public testimony.                                                                                           
                                                                                                                                
The committee took an at-ease from 2:01 p.m. to 2:03 p.m.                                                                       
                                                                                                                                
2:03:38 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said  the committee will not be  taking testimony on                                                               
amendments at  this time.   "This is  a difficult  amendment that                                                               
has to do  with the ignition lock and the  24/7 [program] and how                                                               
they  fit together  and  who's afraid  of  losing something,"  he                                                               
said.    He added  that  he  has  to  learn about  the  amendment                                                               
himself, and he is moving it "to the bottom of the pile."                                                                       
                                                                                                                                
2:04:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked if  people will  be able  to testify                                                               
before the amendment related to the interlock is adopted.                                                                       
                                                                                                                                
CHAIR KELLER  said he has not  made up his mind.   Testimony will                                                               
be allowed when the CS is adopted.   He asked if the next witness                                                               
is planning to testify on the bill or the amendment.                                                                            
                                                                                                                                
BABETTE MILLER,  Smart Start  of Alaska, said  she would  like to                                                               
speak  about   in-home  breathalyzer   tests  and   the  ignition                                                               
interlock device.                                                                                                               
                                                                                                                                
2:06:16 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:06 p.m. to 2:08 p.m.                                                                       
                                                                                                                                
2:08:26 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  said that  under existing  law a  person can  get a                                                               
temporary license with  an ignition lock system,  and "what we're                                                               
contemplating  is  potentially  amending it  so  there's  another                                                               
option there."  He told Ms. Miller to go ahead and testify.                                                                     
                                                                                                                                
2:09:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked  if   the  topic  relates  to  a                                                               
particular amendment.                                                                                                           
                                                                                                                                
CHAIR KELLER  said Representative Gruenberg has  the amendment in                                                               
front of  him; it is  labeled L.2, and  it will not  be addressed                                                               
for a while.                                                                                                                    
                                                                                                                                
2:10:05 PM                                                                                                                    
                                                                                                                                
MS.  MILLER said  she is  referring to  the amendment  that would                                                               
allow an individual to get a  limited license and have an in-home                                                               
breathalyzer device instead  of an interlock device.   She opined                                                               
that  a breathalyzer  is a  great addition  for a  person who  is                                                               
violating  the  ignition  interlock  device,  but  she  does  not                                                               
believe that it  can prevent a person from  drinking and driving.                                                               
At this time, "the ignition  interlock violations are not used as                                                               
an enhancement to  prevent the person from  continuing to drink,"                                                               
she  stated, and  the ignition  interlock prevents  an individual                                                               
from  drinking and  driving.   The  proposal allows  a person  to                                                               
choose between  an in-home breathalyzer and  an interlock system,                                                               
and she noted  that the interlock system prevents  a vehicle from                                                               
starting, and  the in-home breathalyzer  does not and  should not                                                               
be used as a replacement for the interlock.                                                                                     
                                                                                                                                
2:11:35 PM                                                                                                                    
                                                                                                                                
QUINLAN   STEINER,   Public   Defender,  Alaska   Department   of                                                               
Administration, said he  would like to comment  on property crime                                                               
levels  and raising  the  threshold  that distinguishes  felonies                                                               
from  misdemeanors.   The  threshold has  not  been raised  since                                                               
1978, and,  as a result, conduct  that was once a  misdemeanor is                                                               
now a felony because of inflation  over the years.  More and more                                                               
crimes  are  being  punished  as felonies,  he  added,  and  this                                                               
results in a disparity in  how these crimes are prosecuted across                                                               
the state.   In some places,  the crimes are prosecuted  right at                                                               
the  $500 level,  while in  other areas,  crimes involving  items                                                               
worth under  $1,000 get reduced, he  said.  It is  not consistent                                                               
among  prosecutors  and  jurisdictions,  and he  stated  that  he                                                               
expects  that  raising the  threshold  level  will diminish  that                                                               
disparity.   The change  will also have  the benefit  of reducing                                                               
the cost  of prosecutions  for the  lower level  property crimes.                                                               
Misdemeanors are  much less expensive  to process,  he explained.                                                               
It would  also promote  restitution to  the individuals  who have                                                               
been  harmed or  suffered a  loss, because  misdemeanants have  a                                                               
greater ability to get work  in the future; whereas, felonies can                                                               
preclude  people from  employment,  he said.   For  misdemeanors,                                                               
there is a  lower likelihood that offenders will be  taken out of                                                               
the system  so long that they  will not be able  to get immediate                                                               
treatment for the issues that relate to their conduct.                                                                          
                                                                                                                                
2:14:38 PM                                                                                                                    
                                                                                                                                
MR. STEINER  said a person  can get referrals  under misdemeanors                                                               
for assessments  for treatment and  to engage in  treatment right                                                               
away,  unlike  felons.   He  referred  to  the people  who  steal                                                               
frequently  and noted  that multiple  instances of  a misdemeanor                                                               
can become  a felony.   He said he would  also like to  share his                                                               
concerns about an amendment dealing with unlawful evasion.                                                                      
                                                                                                                                
2:15:38 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  decided to "stay with  the standard we set."   Once                                                               
the committee has voted on  amendments, there will be a committee                                                               
substitute bill.   People can testify on the  amendments when and                                                               
if they become part of the bill, he stated.                                                                                     
                                                                                                                                
2:16:58 PM                                                                                                                    
                                                                                                                                
JEFF JESSE,  Chief Executive Officer, Alaska  Mental Health Trust                                                               
Authority, said  he is pleased  to testify  in support of  SB 64.                                                               
It is timely and strategic as "there  is a lot going on right now                                                               
around  criminal justice  and recidivism  and our  growing prison                                                               
population."  He said the  Criminal Justice Working Group and the                                                               
Reentry Task  Force are working  diligently on these  issues, and                                                               
the House Finance  Committee has included intent  language in the                                                               
budget  directing  the  court system,  AHFC,  the  Mental  Health                                                               
Trust, and the Departments of  Corrections, Labor, and Health and                                                               
Social Services to develop a  plan to reduce recidivism and avoid                                                               
building another  prison.   He said  that SB  64 is  an important                                                               
first step.  Raising the  felony threshold, creating the Criminal                                                               
Justice Commission,  establishing the 24/7 sobriety  program, and                                                               
creating the Recidivism  Fund are all important first  steps.  He                                                               
urged  the committee  to be  very judicious  in consideration  of                                                               
amendments, because the bill is at  the stage where it might look                                                               
as though it  is going somewhere, but then it  attracts all kinds                                                               
of good ideas.   He said he has been  working with Representative                                                               
Gruenberg on a  very good idea, but the two  of them have decided                                                               
not to get it into SB 64, because the bill needs to pass.                                                                       
                                                                                                                                
2:18:58 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER said  he agreed  with Mr.  Jesse.   He then  closed                                                               
public  testimony   and  announced  that  he   is  setting  aside                                                               
amendment L.2.   He will be  offering it on Friday  and will have                                                               
people go  through the amendment  and give the committee  an idea                                                               
of what  it does.   He wants to avoid  a lot of  public testimony                                                               
and hear  from the experts,  he said.   He told the  committee to                                                               
"call your  experts now  so that  when we  have this  decision in                                                               
front of  us on Friday,  it's a clean  decision and we  can press                                                               
on."  He  announced that the committee will  discuss an amendment                                                               
by Representative Millett.                                                                                                      
                                                                                                                                
2:20:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  moved to  adopt Amendment 1,  labeled 28-                                                               
LS0116\L.4,  Gardner, 3/22/14,  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 3, line 3:                                                                                                            
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 3, line 11:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 3, line 27:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 4, line 10:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 4, line 12:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 4, line 23:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 5, line 3:                                                                                                            
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 5, line 6:                                                                                                            
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 5, line 12:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 5, line 15:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 5, line 21:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 5, line 24:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 6, line 1:                                                                                                            
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 6, line 3:                                                                                                            
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 6, line 26:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 6, line 28:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 7, line 17:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 8, line 2:                                                                                                            
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 8, line 28:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 8, line 30:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 9, line 4:                                                                                                            
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 9, line 7:                                                                                                            
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 9, line 10:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
     Page 9, line 13:                                                                                                           
          Delete "$1,200"                                                                                                   
          Insert "$750"                                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
REPRESENTATIVE  MILLETT said  Amendment 1  is offered  by Millet,                                                               
Pruitt, and Keller, and it deals  with theft in the second degree                                                               
and makes  the possession of  stolen property a felony  if valued                                                               
over  $750.   The  Amendment  lowers  the threshold  by  deleting                                                               
$1,200  and inserting  $750, she  explained.   She opined  that a                                                               
threshold of $1,200  is much too high, and "we  need to make sure                                                               
that  our small  businesses  and our  small business  owners...."                                                               
Amendment 1  strikes every $1,200  in the bill and  inserts $750,                                                               
she noted.                                                                                                                      
                                                                                                                                
2:21:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said  he would like to add  himself as a                                                               
sponsor.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  LYNN  said he  would  like  to  add his  name  to                                                               
Amendment 1, and  he would prefer that the threshold  to be $500,                                                               
not $750, but that is a good compromise.                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX  said she feels uncomfortable  reducing the                                                               
threshold to $750, but she "can read the tea leaves."                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG removed his objection.                                                                                 
                                                                                                                                
There being no further objections, Amendment 1 was adopted.                                                                     
                                                                                                                                
2:23:11 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said  he had an amendment in front  of him and asked                                                               
Representative Gruenberg to  explain it and then he  will put the                                                               
amendment at "the bottom of the pile."                                                                                          
                                                                                                                                
REPRESENTATIVE MILLETT suggested moving the amendment first.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to  adopt Amendment 2, labeled 28-                                                               
LS0116\L.5,  Gardner, 3/22/14,  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 2, line 1, following "Services,":                                                                                   
                                                                                                                                
          Insert "relating to a report on social impact                                                                       
                                                                                                                                
     financing as a means to reduce recidivism;"                                                                              
                                                                                                                                
                                                                                                                                
     Page 22, following line 31:                                                                                                
                                                                                                                                
          Insert a new bill section to read:                                                                                    
                                                                                                                                
         "* Sec. 34. The uncodified law of the State of                                                                     
                                                                                                                                
     Alaska is amended by adding a new section to read:                                                                         
                                                                                                                                
          SOCIAL IMPACT FINANCING STUDY AND REPORT ON                                                                           
                                                                                                                                
     RECIDIVISM REDUCTION. (a) The Board of Trustees of the                                                                     
                                                                                                                                
      Alaska Mental Health Trust Authority, in cooperation                                                                      
     with  the commissioner  of health  and social  services                                                                    
                                                                                                                                
     and  the  commissioner   of  corrections,  shall  study                                                                    
                                                                                                                                
     whether  social impact  financing may  be used  for the                                                                    
                                                                                                                                
     purpose of funding programs  that reduce recidivism for                                                                    
                                                                                                                                
     persons  charged  with  violations  or  offenses  under                                                                    
                                                                                                                                
     state    law,    including   grant    programs    under                                                                    
                                                                                                                                
     AS 47.38.100(c) and contracts for  services.  The board                                                                    
                                                                                                                                
     and the  commissioners shall prepare  a report  for the                                                                    
                                                                                                                                
     governor   and  the   legislature  with   findings  and                                                                    
                                                                                                                                
     recommendations.                                                                                                           
                                                                                                                                
          (b)  The study and report prepared under (a) of                                                                       
                                                                                                                                
     this  section shall  include an  evaluation of  whether                                                                    
                                                                                                                                
     social  impact   financing  can   be  used   to  reduce                                                                    
                                                                                                                                
     recidivism rates by identifying and evaluating                                                                             
                                                                                                                                
               (1)  grant programs, contracts, and services                                                                     
                                                                                                                                
     of  the Department  of Health  and Social  Services and                                                                    
                                                                                                                                
     the Department of Corrections that  may be suitable for                                                                    
                                                                                                                                
     social impact financing;                                                                                                   
                                                                                                                                
               (2)     private sector investors providing                                                                       
                                                                                                                                
     social impact financing;                                                                                                   
                                                                                                                                
               (3)  guarantors that provide guarantees for                                                                      
                                                                                                                                
     funds invested by private sector investors;                                                                                
                                                                                                                                
               (4)      programs   operated   by   nonprofit                                                                    
                                                                                                                                
     corporations  that could  be  funded  through a  social                                                                    
                                                                                                                                
     impact financing mechanism;                                                                                                
                                                                                                                                
               (5)   independent   evaluators   that   could                                                                    
                                                                                                                                
     determine whether  performance targets for  a nonprofit                                                                    
                                                                                                                                
     corporation funded  by social impact financing  are met                                                                    
                                                                                                                                
     at the end of an agreed on time frame;                                                                                     
                                                                                                                                
               (6)  whether federal funding is available                                                                        
                                                                                                                                
     for  independent  evaluators  participating  in  social                                                                    
     impact financing; and                                                                                                      
                                                                                                                                
               (7)  the cost savings to the state from                                                                          
                                                                                                                                
     reductions in recidivism.                                                                                                  
                                                                                                                                
          (c)  The report shall be submitted to the                                                                             
                                                                                                                                
    governor   and   the   legislature   not   later   than                                                                     
                                                                                                                                
     February 15, 2015."                                                                                                        
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 23, line 17:                                                                                                          
                                                                                                                                
          Delete "30 - 34"                                                                                                      
                                                                                                                                
          Insert "30 - 35"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 22:                                                                                                          
                                                                                                                                
          Delete "30 - 34"                                                                                                      
                                                                                                                                
          Insert "30 - 35"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 23:                                                                                                          
                                                                                                                                
          Delete "30 - 34"                                                                                                      
                                                                                                                                
          Insert "30 - 35"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 13:                                                                                                          
                                                                                                                                
          Delete "Section 36"                                                                                                   
                                                                                                                                
          Insert "Section 37"                                                                                                   
                                                                                                                                
                                                                                                                                
     Page 24, line 14:                                                                                                          
                                                                                                                                
          Delete "30 - 34"                                                                                                      
                                                                                                                                
          Insert "30 - 35"                                                                                                      
                                                                                                                                
                                                                                                                                
REPRESENTATIVE MILLET objected.                                                                                                 
                                                                                                                                
2:24:44 PM                                                                                                                    
                                                                                                                                
TED MADSEN, Staff, to Representative  Max Gruenberg, Alaska State                                                               
Legislature,  said that  Amendment  2  has to  do  with a  Social                                                               
Impact  Financing  Mechanism, which  is  a  way to  bring  market                                                               
forces to  bear on public  sector problems through  an innovative                                                               
policy instrument that  was developed a couple of years  ago by a                                                               
group called Social Finance UK  and the Rockefeller Foundation in                                                               
the United Kingdom.   It invites private sector  capital, from an                                                               
investment banking  institution or private sector  investors, and                                                               
takes  that money  to  buy a  contract put  out  by a  government                                                               
agency, he explained.   The proceeds of the sale  of the contract                                                               
fund a suite of nonprofit  programs "that are all marching toward                                                               
the  same  goal," he  said,  and  in this  case  it  would go  to                                                               
reducing recidivism.                                                                                                            
                                                                                                                                
2:25:55 PM                                                                                                                    
                                                                                                                                
MR.  MADSEN said  if the  goals of  those nonprofits  are met-for                                                               
example,  reducing recidivism  by 10  percent amongst  the target                                                               
population-then the investor gets paid  back along with an agreed                                                               
upon  interest   rate.    The   outcomes  are  evaluated   by  an                                                               
independent  evaluator-a   wholly  neutral  party-to   decide  if                                                               
outcomes have been  achieved, he stated.  He  said that Amendment                                                               
2 is not setting up a  social impact financing mechanism, as that                                                               
would be a very large policy  call.  The amendment "looks for the                                                               
pieces  of the  puzzle and  it  directs the  Mental Health  Trust                                                               
Authority Board of  Trustees to come back with the  pieces of the                                                               
puzzle for presentation to the  legislature and say these are the                                                               
components that  we see fitting  in here."   This would  occur on                                                               
February 15, [2015],  which is the same date  that the Recidivism                                                               
Reduction Plan, which was inserted  into the operating budget, as                                                               
mentioned by Mr. Jesse, is due, he stated.                                                                                      
                                                                                                                                
2:26:46 PM                                                                                                                    
                                                                                                                                
MR. MADSEN said he has a few  handouts, which he can discuss.  He                                                               
offered to  explain the first  seven paragraphs  under subsection                                                               
(b)  of  Amendment  2.    He said  (b)(1)  looks  into  currently                                                               
operating grant  programs, contracts,  and services of  both DHSS                                                               
[Department of Health and Social  Services] and the Department of                                                               
Corrections  (DOC)  that  may  be   suitable  for  social  impact                                                               
financing.    "These are  the  nonprofit  programs that  are  all                                                               
marching  towards  the  same direction,"  he  noted.    Paragraph                                                               
(b)(2)  looks for  private sector  investors  that could  provide                                                               
social impact financing,  whether that is Goldman  Sachs, Bank of                                                               
America,  Merrill  Lynch,  or  an  institutional  investor  of  a                                                               
similar type, he explained, and  (b)(3) looks for guarantors that                                                               
provide  guarantees   for  funds   invested  by   private  sector                                                               
investors.   He said these  would be philanthropic  backers, such                                                               
as the Bloomberg Foundation or,  maybe, the Rasmussen Foundation,                                                               
that could guarantee  a portion of the  private sector's capital.                                                               
He provided the example of  the Rikers Island Social Impact bond,                                                               
which is  not a traditional bond  but a contract.   The Bloomberg                                                               
Foundation backed up $7.2 million  of Goldman Sachs' $9.6 million                                                               
investment, so if the outcomes  are not achieved according to the                                                               
neutral evaluator,  Goldman Sachs  will not lose  everything that                                                               
it has  invested-they will only lose  $2.4 million, he said.   He                                                               
turned  to  paragraph  (b)(4),  which  looks  into  the  programs                                                               
operated by  nonprofit corporations that could  be funded through                                                               
a  social impact  financing mechanism.    There are  a number  of                                                               
nonprofits operating  within and outside of  the DOC institutions                                                               
that really could have a very strong impact, he noted.                                                                          
                                                                                                                                
2:29:14 PM                                                                                                                    
                                                                                                                                
MR. MADSEN gave  the scenario of nonprofit "A"  with the capacity                                                               
to help 40  former prisoners a month get back  into the Anchorage                                                               
community.   The Anchorage  Correctional Complex  releases around                                                               
200 prisoners a  month, so if the capacity of  the nonprofit were                                                               
scaled up, it could have a  greater impact, he stated.  Paragraph                                                               
(b)(5) discusses  the independent evaluators  who come in  at the                                                               
end of the agreed upon time  horizon to determine if the outcomes                                                               
have been  achieved.  "This  is an outcome-based idea,"  he said.                                                               
He explained that  paragraph (b)(6) asks the  Mental Health Trust                                                               
Authority, working  in concert  with DOC  and DHSS,  to determine                                                               
whether federal  funding is available for  independent evaluators                                                               
participating  in social  impact  financing evaluation.   In  the                                                               
FY2015 federal budget  there is about $350  million available for                                                               
social  impact  financing   mechanisms  (called  "pay-for-success                                                               
contracts"  at the  federal level),  he  noted.   He said  (b)(7)                                                               
looks at  the cost  savings to  the state  for the  reductions in                                                               
recidivism.                                                                                                                     
                                                                                                                                
2:30:36 PM                                                                                                                    
                                                                                                                                
MR. MADSEN  referred to a  handout showing the contract  that the                                                               
city of New York signed  with Goldman Sachs and nonprofit service                                                               
providers to  say that  if recidivism is  reduced by  20 percent,                                                               
then the  city will pay Goldman  Sachs $11.7 million, which  is a                                                               
profit of  $2.1 million.  At  the same time, the  projected long-                                                               
term  savings to  New York  City  will be  20.5 million  dollars.                                                               
"It's   an  innovative   concept;  it's   an  innovative   policy                                                               
instrument;  it's great  way to  bring market  forces to  bear on                                                               
public sector problems, and [it  is] really bringing the market's                                                               
expertise in  analyzing what  is a  good idea and  what is  a bad                                                               
idea to  bear on these  pernicious social  ills that you  all are                                                               
facing as a state," he opined.                                                                                                  
                                                                                                                                
2:31:37 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER noted  that the Mental Health Trust  is involved and                                                               
asked if Mr. Madsen has been working with people from the trust.                                                                
                                                                                                                                
MR. MADSEN  said he has spoken  with Mr. Jesse and  believes that                                                               
his organization has the capacity to do this sort of operation.                                                                 
                                                                                                                                
CHAIR KELLER  noted that "this  is taking [Mr. Jesse's]  words to                                                               
heart-we want  to be  judicious about  handling SB  64.   This is                                                               
obviously an exciting  and fun thought to explore,  and we're not                                                               
going  to have  a whole  lot of  time to  vet the  issue like  we                                                               
normally would."   He  suggested that  committee members  who are                                                               
interested in Amendment  2 speak with Mr. Madsen,  Mr. Jesse, and                                                               
the Commissioner of DHSS.                                                                                                       
                                                                                                                                
2:32:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT asked  about a  fiscal note.   She  added                                                               
that it seems like  it does not fit within SB 64  and should be a                                                               
stand-alone bill rather  than in a complicated  omnibus bill that                                                               
is already setting up a sentencing commission.                                                                                  
                                                                                                                                
MR. MADSEN said he is not  certain about fiscal costs in creating                                                               
the study,  but he  does not  believe it  will impact  the bottom                                                               
line  of  the Mental  Health  Trust,  because  it could  work  in                                                               
concert with  the Recidivism  Reduction Plan  that is  within the                                                               
operating budget.  The Recidivism  Reduction Grant Fund currently                                                               
in SB 64 will  go a long way in reducing  recidivism, and this is                                                               
another avenue  that could really drive  down Alaska's recidivism                                                               
rate, he stated.  The two options can operate in concert.                                                                       
                                                                                                                                
2:34:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX stated  that she is not  sure the amendment                                                               
belongs in this  bill at this late  stage of the game.   It is an                                                               
utterly fascinating idea,  she opined, and if it  does not happen                                                               
this session, she would like to work on it in the future.                                                                       
                                                                                                                                
CHAIR KELLER said he is of the same  opinion.  It is a great idea                                                               
that  needs to  be explored,  "but  we aren't  making a  decision                                                               
right now on whether or not we're going to act on the bill."                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said that  when Mr.  Jesse spoke  a few                                                               
minutes  ago,  he   was  not  aware  of   Chair  Keller's  recent                                                               
conversation with  Representative Gruenberg.   He added  that Mr.                                                               
Madsen is  in a  Master's Degree program  and is  responsible for                                                               
this amendment.                                                                                                                 
                                                                                                                                
2:35:50 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER stated that he  wants to hear from Jordan [Shilling]                                                               
and  Senator  Coghill  for  what  to do  on  Friday.    He  asked                                                               
Representative Gruenberg to  withdraw his motion in  order to put                                                               
Amendment 2 on the bottom of the list.                                                                                          
                                                                                                                                
REPRESENTATIVE GRUENBERG requested  unanimous consent to withdraw                                                               
the motion to adopt Amendment 2.                                                                                                
                                                                                                                                
The committee took an at-ease from 2:36 to 2:37.                                                                                
                                                                                                                                
2:38:05 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  announced the discussion  of Amendment 3,  which he                                                               
believes  came  from  Quinlan  Steiner   [of  the  Alaska  Public                                                               
Defender Agency].                                                                                                               
                                                                                                                                
REPRESENTATIVE MILLETT  moved to  adopt Amendment 3,  labeled 28-                                                               
LS0116\L.10, Gardner,  3/31/14, as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Page 12, line 29:                                                                                                          
                                                                                                                                
          Delete "residents are"                                                                                            
                                                                                                                                
          Insert "the resident is"                                                                                          
                                                                                                                                
                                                                                                                                
     Page 12, line 31:                                                                                                          
                                                                                                                                
          Delete "residents are"                                                                                            
                                                                                                                                
          Insert "resident is"                                                                                              
                                                                                                                                
                                                                                                                                
REPRESENTATIVE PRUITT objected.                                                                                                 
                                                                                                                                
2:38:50 PM                                                                                                                    
                                                                                                                                
ERNEST PRAX,  Staff, to Representative  Wes Keller,  Alaska State                                                               
Legislature,  stated  that Amendment  3  was  recommended by  Mr.                                                               
Steiner and deals  with the Nygren credit language.   Mr. Steiner                                                               
felt  that  the  language  is   a  bit  ambiguous  and  could  be                                                               
interpreted to mean that an  assessment of all residents, and not                                                               
just  the applicant,  was called  for.   Amendment 3  changes the                                                               
terms to the singular to make  it absolutely clear that it refers                                                               
to the particular individual, not the behavior of everyone.                                                                     
                                                                                                                                
2:40:32 PM                                                                                                                    
                                                                                                                                
JORDAN  SHILLING, Staff,  to Senator  John Coghill,  Alaska State                                                               
Legislature, said,  "Any time we  discuss changing  this section,                                                               
Section 23,  it always makes  us a  little bit uneasy  because of                                                               
how arduous  of a process  it was to get  to this language."   He                                                               
noted that  the language  succeeds in  getting the  Department of                                                               
Law (DOL)  and the  Public Defenders  Agency in  agreement, which                                                               
was difficult, and he was reluctant  to make changes, but this is                                                               
a reasonable change and prudent.                                                                                                
                                                                                                                                
REPRESENTATIVE MILLETT removed the objection.                                                                                   
                                                                                                                                
There being no other objections, Amendment 3 was adopted.                                                                       
                                                                                                                                
2:41:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  asked if  Mr.  Shilling  was going  to                                                               
comment on Amendment 1.                                                                                                         
                                                                                                                                
REPRESENTATIVE  MILLET  said  she   received  approval  from  the                                                               
sponsor for Amendment 1.                                                                                                        
                                                                                                                                
CHAIR KELLER moved to adopt  Amendment 4, labeled 28-LS0116\L.11,                                                               
Gardner, 3/31/14, as follows [original punctuation provided]:                                                                   
                                                                                                                                
     Page 1, line 3, following "date;":                                                                                       
                                                                                                                                
          Insert "relating to electronic monitoring for                                                                       
                                                                                                                                
      certain persons convicted of driving while under the                                                                    
                                                                                                                                
     influence;"                                                                                                              
                                                                                                                                
                                                                                                                                
     Page 13, following line 31:                                                                                                
                                                                                                                                
          Insert a new bill section to read:                                                                                    
                                                                                                                                
        "* Sec. 26. AS 28.35.030(k) is amended to read:                                                                     
                                                                                                                                
          (k)  Imprisonment required under (b)(1)(A) of                                                                         
                                                                                                                                
     this section shall be served by electronic monitoring,                                                                 
     or  at a  community residential  center. If  electronic                                                            
                                                                                                                                
     monitoring or  [OR, IF] a community  residential center                                                                
                                                                                                                                
     is   not   available,   imprisonment   required   under                                                                
                                                                                                                                
     (b)(1)(A)  of this  section may  be  served at  another                                                                
                                                                                                                                
     appropriate  place determined  by  the commissioner  of                                                                    
                                                                                                                                
     corrections.  Imprisonment required  under (b)(1)(B)  -                                                                    
                                                                                                                                
     (F)  of  this section  may  be  served at  a  community                                                                    
                                                                                                                                
     residential  center  or  at   a  private  residence  if                                                                    
                                                                                                                                
     approved   by   the    commissioner   of   corrections.                                                                    
                                                                                                                                
     Imprisonment  served   at  a  private   residence  must                                                                    
                                                                                                                                
     include    electronic   monitoring.    The   cost    of                                                                    
                                                                                                                                
     imprisonment resulting from  the sentence imposed under                                                                    
                                                                                                                                
     (b)(1) of  this section shall  be paid to the  state by                                                                    
                                                                                                                                
     the person being sentenced  provided, however, that the                                                                    
                                                                                                                                
     cost  of imprisonment  required to  be paid  under this                                                                    
                                                                                                                                
     subsection  may not  exceed $2,000.  Upon the  person's                                                                    
                                                                                                                                
     conviction,  the  court  shall  include  the  costs  of                                                                    
                                                                                                                                
     imprisonment as  a part of the  judgment of conviction.                                                                    
                                                                                                                                
     Except   for  reimbursement   from  a   permanent  fund                                                                    
                                                                                                                                
     dividend  as provided  in this  subsection, payment  of                                                                    
                                                                                                                                
     the cost of  imprisonment is not required  if the court                                                                    
                                                                                                                                
     determines  the  person  is   indigent.  For  costs  of                                                                    
                                                                                                                                
     imprisonment  that  are  not  paid  by  the  person  as                                                                    
                                                                                                                                
     required  by  this  subsection, the  state  shall  seek                                                                    
                                                                                                                                
     reimbursement   from   the  person's   permanent   fund                                                                    
                                                                                                                                
     dividend as  provided under AS 43.23.065. While  at the                                                                    
                                                                                                                                
     community  residential  center   or  other  appropriate                                                                    
                                                                                                                                
     place,  a  person  sentenced under  (b)(1)(A)  of  this                                                                    
                                                                                                                                
     section shall  perform at least  24 hours  of community                                                                    
                                                                                                                                
     service  work. A  person sentenced  under (b)(1)(B)  of                                                                    
                                                                                                                                
     this  section  shall  perform at  least  160  hours  of                                                                    
     community service work, as required  by the director of                                                                    
                                                                                                                                
     the community  residential center or  other appropriate                                                                    
                                                                                                                                
     place,   or  as   required  by   the  commissioner   of                                                                    
                                                                                                                                
     corrections  if  the  sentence is  being  served  at  a                                                                    
                                                                                                                                
     private  residence.  In this  subsection,  "appropriate                                                                    
                                                                                                                                
     place"  means a  facility  with  24-hour on-site  staff                                                                    
                                                                                                                                
     supervision that  is specifically adapted to  provide a                                                                    
                                                                                                                                
     residence,   and   includes  a   correctional   center,                                                                    
                                                                                                                                
     residential   treatment  facility,   hospital,  halfway                                                                    
                                                                                                                                
     house,  group  home, work  farm,  work  camp, or  other                                                                    
                                                                                                                                
     place that provides varying levels of restriction."                                                                        
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 23, line 17:                                                                                                          
                                                                                                                                
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
                                                                                                                                
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
                                                                                                                                
     Page 23, line 18, following "Act,":                                                                                        
                                                                                                                                
          Insert "AS 28.35.030(k), as amended by sec. 26 of                                                                     
                                                                                                                                
     this Act,"                                                                                                                 
                                                                                                                                
                                                                                                                                
     Page 23, line 19:                                                                                                          
                                                                                                                                
          Delete "sec. 26"                                                                                                      
                                                                                                                                
          Insert "sec. 27"                                                                                                      
                                                                                                                                
          Delete "sec. 27"                                                                                                      
                                                                                                                                
          Insert "sec. 28"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 20:                                                                                                          
                                                                                                                                
          Delete "sec. 28"                                                                                                      
                                                                                                                                
          Insert "sec. 29"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 21:                                                                                                          
                                                                                                                                
          Delete "sec. 32"                                                                                                      
                                                                                                                                
          Insert "sec. 33"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 22:                                                                                                          
                                                                                                                                
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
                                                                                                                                
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
                                                                                                                                
     Page 23, line 23:                                                                                                          
                                                                                                                                
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
                                                                                                                                
          Insert "secs. 1 - 29 and 31 - 35"                                                                                     
                                                                                                                                
                                                                                                                                
     Page 23, line 27:                                                                                                          
                                                                                                                                
          Delete "sec. 30"                                                                                                      
                                                                                                                                
          Insert "sec. 31"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 29:                                                                                                          
                                                                                                                                
          Delete "sec. 30"                                                                                                      
                                                                                                                                
          Insert "sec. 31"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 3:                                                                                                           
                                                                                                                                
          Delete "sec. 26"                                                                                                      
                                                                                                                                
          Insert "sec. 27"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 6:                                                                                                           
                                                                                                                                
          Delete "sec. 27"                                                                                                      
                                                                                                                                
          Insert "sec. 28"                                                                                                      
                                                                                                                                
          Delete "sec. 28"                                                                                                      
                                                                                                                                
          Insert "sec. 29"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 9:                                                                                                           
                                                                                                                                
          Delete "sec. 32"                                                                                                      
                                                                                                                                
          Insert "sec. 33"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 12:                                                                                                          
                                                                                                                                
          Delete "Section 29"                                                                                                   
                                                                                                                                
          Insert "Section 30"                                                                                                   
                                                                                                                                
                                                                                                                                
     Page 24, line 13:                                                                                                          
                                                                                                                                
          Delete "Section 36"                                                                                                   
                                                                                                                                
          Insert "Section 37"                                                                                                   
                                                                                                                                
                                                                                                                                
     Page 24, line 14:                                                                                                          
                                                                                                                                
          Delete "Sections 1 - 28 and 30 - 34"                                                                                  
                                                                                                                                
          Insert "Sections 1 - 29 and 31 - 35"                                                                                  
                                                                                                                                
                                                                                                                                
REPRESENTATIVE MILLET objected.                                                                                                 
                                                                                                                                
MR. PRAX said  that Amendment 4 relates  to electronic monitoring                                                               
for  first-time  DUI  [driving under  the  influence]  offenders.                                                               
There was a  drafting error that took the language  out of SB 64,                                                               
he  explained, and  Amendment  4  reinserts it.    He recalled  a                                                               
judiciary  hearing in  Fairbanks  in, perhaps,  November, and  he                                                               
said that a  legislative research report looked  at the potential                                                               
cost savings between  keeping the first-time offender  in jail or                                                               
a  half-way  house for  three  days  versus using  an  electronic                                                               
monitor.  The  cost savings was estimated to  be between $800,000                                                               
and $1 million  each year, and that is  why electronic monitoring                                                               
is in SB 64, he stated.                                                                                                         
                                                                                                                                
MR. SHILLING said that is  exactly right-it was a drafting error.                                                               
He added that  Anchorage is already operating  under this policy;                                                               
the  Assembly implemented  it  several years  ago,  and the  bill                                                               
attempts to put the rest of the state under the same guidelines.                                                                
                                                                                                                                
2:44:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLET removed her objection.                                                                                    
                                                                                                                                
Hearing no further objections, Amendment 4 was adopted.                                                                         
                                                                                                                                
2:44:33 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER moved to adopt  Amendment 5, labeled 28-LS0116\L.12,                                                               
Gardner, 3/31/14, as follows [original punctuation provided]:                                                                   
                                                                                                                                
     Page 17, line 16, following "more":                                                                                    
                                                                                                                                
          Insert "and provide to the legislature, by                                                                        
                                                                                                                                
      January 15 during the first regular session of each                                                                   
                                                                                                                                
       legislature, a report summarizing the findings and                                                                   
                                                                                                                                
     results of the program"                                                                                                
                                                                                                                                
                                                                                                                                
REPRESENTATIVE MILLETT objected.                                                                                                
                                                                                                                                
2:44:55 PM                                                                                                                    
                                                                                                                                
MR. PRAX  explained that Amendment  5 refers to  the Commissioner                                                               
[of  the Department  of Corrections]  establishing  a program  to                                                               
conduct  the assessments  of  the risks  and  needs of  offenders                                                               
sentenced to  a term  of incarceration  of 30 days  or more.   He                                                               
noted  that one  draft of  SB 64  had a  requirement to  create a                                                               
report for the legislature, which  was taken out, and Amendment 5                                                               
would put  the report requirement back  in.  If the  DOC is going                                                               
to  conduct  the  assessment  in the  effort  to  better  address                                                               
recidivism, it  should be stated explicitly  that the legislature                                                               
wants to be notified and to read about it, he stated.                                                                           
                                                                                                                                
CHAIR KELLER asked  when this bill goes into effect  if it passes                                                               
this session.                                                                                                                   
                                                                                                                                
MR.  SHILLING said  some  of the  sections of  the  bill go  into                                                               
effect later than  the overall effective date,  and this specific                                                               
section goes  into effect on  January 1,  2016.  It  requires the                                                               
DOC to conduct many more  assessments than it currently conducts,                                                               
he explained, and  Amendment 5 [directs DOC] to  provide a report                                                               
on the results of the assessments, he said.                                                                                     
                                                                                                                                
CHAIR  KELLER said,  "We don't  want to  get into  a position  of                                                               
forcing them to report before anything is up and running."                                                                      
                                                                                                                                
2:48:28 PM                                                                                                                    
                                                                                                                                
DOUG  GARDNER, Attorney,  Legislative Legal  Counsel, Legislative                                                               
Legal and  Research Services,  Legislative Affairs  Agency (LAA),                                                               
said that  that portion  of the  act does  not take  effect until                                                               
January  1,  2016,  so  it  would seem  to  allow  for  the  time                                                               
necessary  to get  ready to  do the  report.   "If the  committee                                                               
wanted to,  it could say by  January 15 or another  date that the                                                               
committee feels  is appropriate."   He said the logical  thing to                                                               
do would be to set the date at January 15, 2017.                                                                                
                                                                                                                                
REPRESENTATIVE  MILLETT offered  a  conceptual  amendment to  use                                                               
January 15, 2017, as the date the first report is due.                                                                          
                                                                                                                                
2:49:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG objected.                                                                                              
                                                                                                                                
REPRESENTATIVE MILLETT  said that  her conceptual  amendment adds                                                               
"2017" after "15" on line 2 of Amendment 5.                                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  suggested taking time to  determine the                                                               
best date and make a  separate amendment on Friday after everyone                                                               
confers.  "You can't just have  it effective on the date that the                                                               
thing is  due.   They have to  have enough time  to be  doing the                                                               
work," he stated.                                                                                                               
                                                                                                                                
2:50:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT noted that Mr. Gardner suggested 2017.                                                                   
                                                                                                                                
REPRESENTATIVE GRUENBERG said he  understands that she is talking                                                               
about when  the first report  is due.  "If  you look at  the last                                                               
page, it doesn't take effect until January 1, 2016."                                                                            
                                                                                                                                
REPRESENTATIVE  MILLETT  said  it  is  a  yearly  report,  so  it                                                               
coincides with the effective date.                                                                                              
                                                                                                                                
CHAIR KELLER  said the effect  will be that  2017 will go  in the                                                               
bill and there will be a chance to review it.                                                                                   
                                                                                                                                
REPRESENTATIVE   GRUENBERG  withdrew   his  objection   to  amend                                                               
Amendment 5.                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLET withdrew her objection to Amendment 5.                                                                    
                                                                                                                                
Being  no  further  objections,  Amendment  5,  as  amended,  was                                                               
adopted.                                                                                                                        
                                                                                                                                
2:52:02 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER moved to adopt  Amendment 6, labeled 28-LS0116\L.13,                                                               
Gardner, 3/31/14, as follows [original punctuation provided]:                                                                   
                                                                                                                                
     Page 20, line 26:                                                                                                          
                                                                                                                                
          Delete "June 30"                                                                                                      
                                                                                                                                
          Insert "January 1"                                                                                                    
                                                                                                                                
                                                                                                                                
REPRESENTATIVE MILLETT objected.                                                                                                
                                                                                                                                
MR.  SHILLING  pointed  out  that  the  Alaska  Criminal  Justice                                                               
Commission members will serve a  three-year term.  Currently, the                                                               
commission  has a  four-year sunset,  so rather  than adjust  the                                                               
term  length, Senator  Coghill  suggested  shortening the  sunset                                                               
term by about six months.                                                                                                       
                                                                                                                                
REPRESENTATIVE MILLET withdrew her objection.                                                                                   
                                                                                                                                
There being no further objections, Amendment 6 was adopted.                                                                     
                                                                                                                                
2:53:43 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:53 p.m. to 2:54 p.m.                                                                       
                                                                                                                                
CHAIR  KELLER  noted  that  the  committee  is  not  passing  two                                                               
amendments:  the   one  regarding  the  ignition   interlock  and                                                               
Amendment 1.   The committee will  try to act on  them on Friday,                                                               
he  added.    He  said  it  puts a  load  on  legal  services  to                                                               
continually draft amendments.                                                                                                   
                                                                                                                                
REPRESENTATIVE  MILLET  asked  if  the only  amendment  that  the                                                               
committee  has  not   yet  taken  up  is   Amendment  1,  because                                                               
Representative  Gruenberg  withdrew  Amendment 2  on  the  Social                                                               
Impact Financing Study.                                                                                                         
                                                                                                                                
CHAIR  KELLER said  Amendment  1 was  the  Millet amendment  that                                                               
passed.                                                                                                                         
                                                                                                                                
The committee took an at-ease from 2:56 p.m. to 2:59 p.m.                                                                       
                                                                                                                                
2:59:15 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said he believes  that the numbering system [for the                                                               
amendments] is sorted out.                                                                                                      
                                                                                                                                
The committee took an at-ease from 3:00 p.m. to 3:01 p.m.                                                                       
                                                                                                                                
REPRESENTATIVE GRUENBERG moved to adopt Amendment 7, labeled 28-                                                                
LS0116\L.15, Strasbaugh, 4/1/14 as follows [original punctuation                                                                
provided]:                                                                                                                      
                                                                                                                                
     Page 1, line 2, following "offenses;":                                                                                   
                                                                                                                                
          Insert "relating to the crime of unlawful                                                                           
                                                                                                                                
     evasion;"                                                                                                                
                                                                                                                                
                                                                                                                                
     Page 9, following line 14:                                                                                                 
                                                                                                                                
     Insert new bill sections to read:                                                                                          
                                                                                                                                
        "* Sec. 20. AS 11.56.335(a) is amended to read:                                                                     
                                                                                                                                
          (a)  A person commits the crime of unlawful                                                                           
                                                                                                                                
     evasion in the  first degree if, while  charged with or                                                                    
                                                                                                                                
     convicted of a felony,                                                                                                     
                                                                                                                                
               (1)  the person fails to return to official                                                                      
                                                                                                                                
     detention   within   the  time   authorized   following                                                                    
                                                                                                                                
     temporary  leave  granted  for a  specific  purpose  or                                                                    
                                                                                                                                
     limited   period,   including   leave   granted   under                                                                    
                                                                                                                                
     AS 33.30.181; [OR]                                                                                                         
                                                                                                                                
               (2)  while on furlough under AS 33.30.101 -                                                                      
                                                                                                                                
     33.30.131, the person  fails to return to  the place of                                                                    
                                                                                                                                
     confinement or residence within  the time authorized by                                                                    
                                                                                                                                
     those having direct supervision over the person; or                                                                    
                                                                                                                                
               (3)  while assigned to a treatment or                                                                        
                                                                                                                                
     residential  facility as  a condition  of probation  or                                                                
                                                                                                                                
     parole                                                                                                                 
                                                                                                                                
               (A)  the person fails to return to the                                                                       
                                                                                                                                
     facility  within the  time authorized  by those  having                                                                
                                                                                                                                
     direct supervision over the person;                                                                                    
                                                                                                                                
               (B)  the person leaves the facility without                                                                  
                                                                                                                                
     permission of those having  direct supervision over the                                                                
     person; or                                                                                                             
                                                                                                                                
               (C)  the person is  in transit to or from the                                                                
                                                                                                                                
     facility, and the person  leaves the conveyance without                                                                
                                                                                                                                
     the permission of those  having direct supervision over                                                                
                                                                                                                                
     the person.                                                                                                            
                                                                                                                                
        * Sec. 21. AS 11.56.340(a) is amended to read:                                                                        
                                                                                                                                
          (a)  A person commits the crime of unlawful                                                                           
                                                                                                                                
     evasion in the second degree  if, while charged with or                                                                    
                                                                                                                                
     convicted of a misdemeanor,                                                                                                
                                                                                                                                
               (1)   the person fails to  return to official                                                                    
                                                                                                                                
     detention   within   the  time   authorized   following                                                                    
                                                                                                                                
     temporary  leave  granted  for a  specific  purpose  or                                                                    
                                                                                                                                
     limited   period,   including   leave   granted   under                                                                    
                                                                                                                                
     AS 33.30.181; [OR]                                                                                                         
                                                                                                                                
               (2)   while on furlough under  AS 33.30.101 -                                                                    
                                                                                                                                
     33.30.131, the person  fails to return to  the place of                                                                    
                                                                                                                                
     confinement or residence within  the time authorized by                                                                    
                                                                                                                                
     those having direct supervision over the person; or                                                                    
                                                                                                                                
               (3)    while  assigned   to  a  treatment  or                                                                
                                                                                                                                
     residential  facility as  a condition  of probation  or                                                                
                                                                                                                                
     parole,                                                                                                                
                                                                                                                                
               (A)    the  person  fails to  return  to  the                                                                
                                                                                                                                
     facility  within the  time authorized  by those  having                                                                
                                                                                                                                
     direct supervision over the person;                                                                                    
                                                                                                                                
               (B)   the person leaves the  facility without                                                                
                                                                                                                                
     permission of those having  direct supervision over the                                                                
                                                                                                                                
     person; or                                                                                                             
                                                                                                                                
               (C)  the person is  in transit to or from the                                                                
                                                                                                                                
     facility, and the person  leaves the conveyance without                                                                
                                                                                                                                
     the permission of those  having direct supervision over                                                                
                                                                                                                                
     the person."                                                                                                           
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 23, line 14:                                                                                                          
                                                                                                                                
          Following the first occurrence of "Act,":                                                                             
                                                                                                                                
          Insert "AS 11.56.335(a) as amended by sec. 20 of                                                                      
                                                                                                                                
      this Act, AS 11.56.340(a), as amended by sec. 21 of                                                                       
                                                                                                                                
     this Act,"                                                                                                                 
                                                                                                                                
          Delete "sec. 20"                                                                                                      
                                                                                                                                
          Insert "sec. 22"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 15:                                                                                                          
                                                                                                                                
          Delete "sec. 21"                                                                                                      
                                                                                                                                
          Insert "sec. 23"                                                                                                      
                                                                                                                                
          Delete "sec. 22"                                                                                                      
                                                                                                                                
          Insert "sec. 24"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 16:                                                                                                          
                                                                                                                                
          Delete "sec. 23"                                                                                                      
                                                                                                                                
          Insert "sec. 25"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 17:                                                                                                          
                                                                                                                                
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
                                                                                                                                
          Insert "secs. 1 - 30 and 32 - 36"                                                                                     
                                                                                                                                
                                                                                                                                
     Page 23, line 18:                                                                                                          
                                                                                                                                
          Delete "sec. 24"                                                                                                      
                                                                                                                                
          Insert "sec. 26"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 19:                                                                                                          
                                                                                                                                
          Delete "sec. 26"                                                                                                      
          Insert "sec. 28"                                                                                                      
                                                                                                                                
          Delete "sec. 27"                                                                                                      
                                                                                                                                
          Insert "sec. 29"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 20:                                                                                                          
                                                                                                                                
          Delete "sec. 28"                                                                                                      
                                                                                                                                
          Insert "sec. 30"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 21:                                                                                                          
                                                                                                                                
          Delete "sec. 32"                                                                                                      
                                                                                                                                
          Insert "sec. 34"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 22:                                                                                                          
                                                                                                                                
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
                                                                                                                                
          Insert "secs. 1 - 30 and 32 - 36"                                                                                     
                                                                                                                                
                                                                                                                                
     Page 23, line 23:                                                                                                          
                                                                                                                                
          Delete "secs. 1 - 28 and 30 - 34"                                                                                     
                                                                                                                                
          Insert "secs. 1 - 30 and 32 - 36"                                                                                     
                                                                                                                                
                                                                                                                                
     Page 23, line 27:                                                                                                          
                                                                                                                                
          Delete "sec. 30"                                                                                                      
                                                                                                                                
          Insert "sec. 32"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 23, line 29:                                                                                                          
                                                                                                                                
          Delete "sec. 30"                                                                                                      
                                                                                                                                
          Insert "sec. 32"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 3:                                                                                                           
                                                                                                                                
          Delete "sec. 26"                                                                                                      
                                                                                                                                
          Insert "sec. 28"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 6:                                                                                                           
                                                                                                                                
          Delete "sec. 27"                                                                                                      
                                                                                                                                
          Insert "sec. 29"                                                                                                      
                                                                                                                                
          Delete "sec. 28"                                                                                                      
                                                                                                                                
          Insert "sec. 30"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 9:                                                                                                           
                                                                                                                                
          Delete "sec. 32"                                                                                                      
                                                                                                                                
          Insert "sec. 34"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 12:                                                                                                          
                                                                                                                                
          Delete "Section 29"                                                                                                   
                                                                                                                                
          Insert "Section 31"                                                                                                   
                                                                                                                                
                                                                                                                                
     Page 24, line 13:                                                                                                          
                                                                                                                                
          Delete "Section 36"                                                                                                   
                                                                                                                                
          Insert "Section 38"                                                                                                   
                                                                                                                                
                                                                                                                                
     Page 24, line 14:                                                                                                          
                                                                                                                                
          Delete "Sections 1 - 28 and 30 - 34"                                                                                  
                                                                                                                                
          Insert "Sections 1 - 30 and 32 - 36"                                                                                  
                                                                                                                                
                                                                                                                                
REPRESENTATIVE MILLETT objected.                                                                                                
                                                                                                                                
3:01:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  explained that Amendment 7  is the same                                                               
as a bill that was  introduced and suggested by Legislative Legal                                                               
counsel.  It deals with a  case of someone being transported from                                                               
one treatment or  residential facility to another  and walks away                                                               
from the  van, he explained.   The amendment is supposed  to just                                                               
cure a loophole, he stated.                                                                                                     
                                                                                                                                
3:02:13 PM                                                                                                                    
                                                                                                                                
MR. QUINLAN STEINER  said Amendment 7 extends  a criminal penalty                                                               
to  what  is  traditionally  handled as  a  parole  or  probation                                                               
violation, which is the favored  policy for handling such conduct                                                               
violations  as espoused  in various  arenas  including the  model                                                               
penal code.  It is not a  loophole in that somebody will get away                                                               
with  walking  away and  violating  the  condition of  parole  or                                                               
probation; it is handled by  a violation report-a swift, certain,                                                               
and proportional  manner, he added.   He said  [the consequences]                                                               
could include jail  time, but it would not be  a full prosecution                                                               
of  a  crime.   In  effect,  the  amendment would  undermine  the                                                               
function of parole  and probation to a  significant degree, which                                                               
is to promote rehabilitation and  reentry, he stated, and that is                                                               
best accomplished  with a relationship  between a  parole officer                                                               
and  a probation  officer.   It would  elevate the  conduct to  a                                                               
criminal prosecution on  some undefined language, he  said.  What                                                               
exists now  for criminal  prosecutions, like  in a  furlough, for                                                               
example,   "you  have   direct   orders;   you're  committed   to                                                               
corrections; and then you're given  leave through statute.  Here,                                                               
you just have  language like 'assigned to  a treatment facility.'                                                               
Assigned by  who?  And how  formal is that assignment?   And what                                                               
kind  of  residential  facility  are  you  talking  about?"    He                                                               
surmised that  Amendment 7 would have  the unintended consequence                                                               
of undermining rehabilitation.                                                                                                  
                                                                                                                                
3:04:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG said in light  of that, he will withdraw                                                               
Amendment 7 and confer with Mr. Steiner and others.                                                                             
                                                                                                                                
CHAIR KELLER moved on to Amendment 8.                                                                                           
                                                                                                                                
3:04:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  she  will move  the  amendment  for                                                               
discussion, but she  plans on withdrawing the motion  in order to                                                               
speak with the  bill's sponsor.  She moved to  adopt Amendment 8,                                                               
labeled  28-LS0116\L.16, Gardner,  4/1/14,  as follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
                                                                                                                                
     Insert "relating to persons restricted from purchasing                                                                   
                                                                                                                                
     alcoholic beverages;"                                                                                                  
                                                                                                                                
                                                                                                                                
     Page 2, following line 2:                                                                                                  
     Insert new bill sections to read:                                                                                          
                                                                                                                                
        "* Section  1. AS 04.06.090 is  amended by  adding a                                                                
                                                                                                                                
     new subsection to read:                                                                                                    
                                                                                                                                
     (f)  The board shall,  on a quarterly basis, provide to                                                                    
                                                                                                                                
     licensees  the list  maintained  by  the Department  of                                                                    
                                                                                                                                
     Public Safety under AS 18.65.085(d)  of persons who are                                                                    
                                                                                                                                
     restricted  from purchasing  alcoholic beverages  under                                                                    
                                                                                                                                
     AS 04.16.160. A  licensee may  not use  the information                                                                    
                                                                                                                                
     obtained  from a  list prepared  by  the Department  of                                                                    
                                                                                                                                
     Public Safety  under AS 18.65.085(d) for a  purpose not                                                                    
                                                                                                                                
     specified in this title.                                                                                                   
                                                                                                                                
        * Sec. 2. AS 04.21.050(a) is amended to read:                                                                         
                                                                                                                                
     (a)   If  a licensee  or an  agent or  employee of  the                                                                    
                                                                                                                                
     licensee questions or has reason  to question whether a                                                                    
                                                                                                                                
     person   entering  licensed   premises,  or   ordering,                                                                    
                                                                                                                                
     purchasing,  attempting   to  purchase,   or  otherwise                                                                    
                                                                                                                                
     procuring   or   attempting    to   procure   alcoholic                                                                    
                                                                                                                                
     beverages,                                                                                                                 
                                                                                                                                
     (1)   has attained the age  of 21 years or  is entering                                                                    
                                                                                                                                
     without consent in  violation of AS 04.16.049(a)(3) and                                                                    
                                                                                                                                
     has not  attained the age  of 16 years,  that licensee,                                                                    
                                                                                                                                
     agent, or employee shall require  the person to furnish                                                                    
                                                                                                                                
     proof of  age acceptable under  (b) of this  section or                                                                    
                                                                                                                                
     proof of consent in a  form determined by the board; if                                                                    
                                                                                                                                
     the  person questioned  does not  furnish proof  of age                                                                    
                                                                                                                                
     acceptable  under   (b)  of  this  section,   or  if  a                                                                    
                                                                                                                                
     licensee, agent,  or employee  questions or  has reason                                                                    
                                                                                                                                
     to  question   the  validity  of   the  proof   of  age                                                                    
                                                                                                                                
     furnished,  the  licensee,  employee,  or  agent  shall                                                                    
                                                                                                                                
     require the person to sign  a statement that the person                                                                    
                                                                                                                                
     is  over the  age of  21 or  16 years,  as appropriate;                                                                    
     this statement shall be made  on a form prepared by and                                                                    
                                                                                                                                
     furnished to the licensee by the board;                                                                                    
                                                                                                                                
     (2)  is restricted  from purchasing alcoholic beverages                                                                    
                                                                                                                                
     under  AS 04.16.160, the  licensee, agent,  or employee                                                                    
                                                                                                                                
     shall                                                                                                                  
                                                                                                                                
     (A)   consult the  list of restricted  persons provided                                                                
                                                                                                                                
     under AS 04.06.090; and                                                                                                
                                                                                                                                
     (B) if the  person is not on the list,  may, but has no                                                                
                                                                                                                                
     duty or  obligation to, require  the person  to furnish                                                                    
                                                                                                                                
     proof  acceptable under  (b) of  this section  that the                                                                    
                                                                                                                                
     person  is  not  restricted from  purchasing  alcoholic                                                                    
                                                                                                                                
     beverages  or require  the person  to sign  a statement                                                                    
                                                                                                                                
     that  the  person  is not  restricted  from  purchasing                                                                    
                                                                                                                                
     alcoholic beverages under  AS 04.16.160; this statement                                                                    
                                                                                                                                
     shall be  made on a  form prepared by and  furnished to                                                                    
                                                                                                                                
     the licensee by the board."                                                                                                
                                                                                                                                
                                                                                                                                
     Page 2, line 3:                                                                                                            
                                                                                                                                
     Delete "Section 1"                                                                                                       
                                                                                                                                
     Insert "Sec. 3"                                                                                                          
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 13, following line 27:                                                                                                
                                                                                                                                
     Insert a new bill section to read:                                                                                         
                                                                                                                                
        "* Sec. 27. AS 18.65.085 is  amended by adding a new                                                                
                                                                                                                                
     subsection to read:                                                                                                        
                                                                                                                                
     (d)    The Department  of  Public  Safety shall,  on  a                                                                    
                                                                                                                                
     quarterly  basis,  provide   to  the  Alcohol  Beverage                                                                    
                                                                                                                                
     Control  Board a  list of  persons  who are  restricted                                                                    
                                                                                                                                
     from purchasing alcohol  under AS 04.16.160, including,                                                                    
     if available, each person's name, age, date of birth,                                                                      
                                                                                                                                
     height, weight, and photographic image."                                                                                   
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 13, following line 31:                                                                                                
                                                                                                                                
     Insert a new bill section to read:                                                                                         
                                                                                                                                
      "* Sec. 29. AS 28.15.151 is amended by adding a new                                                                   
                                                                                                                                
     subsection to read:                                                                                                        
                                                                                                                                
     (g)   Notwithstanding another provision of  this title,                                                                    
                                                                                                                                
     the  department shall,  upon  request,  provide to  the                                                                    
                                                                                                                                
     Department of Public Safety a  person's name, age, date                                                                    
                                                                                                                                
     of birth,  height, weight,  and photographic  image for                                                                    
                                                                                                                                
     the list maintained under AS 18.65.085(d)."                                                                              
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 22, following line 30:                                                                                                
                                                                                                                                
     Insert a new bill section to read:                                                                                         
                                                                                                                                
        "* Sec. 37. AS 04.16.047(c) is repealed."                                                                           
                                                                                                                                
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
                                                                                                                                
     Page 23, line 3:                                                                                                           
                                                                                                                                
     Delete "sec. 1"                                                                                                            
                                                                                                                                
     Insert "sec. 3"                                                                                                            
                                                                                                                                
                                                                                                                                
     Page 23, line 4:                                                                                                           
                                                                                                                                
     Delete "sec. 2"                                                                                                            
                                                                                                                                
     Insert "sec. 4"                                                                                                            
                                                                                                                                
     Delete "sec. 3"                                                                                                            
     Insert "sec. 5"                                                                                                            
                                                                                                                                
                                                                                                                                
     Page 23, line 5:                                                                                                           
                                                                                                                                
     Delete "sec. 4"                                                                                                            
                                                                                                                                
     Insert "sec. 6"                                                                                                            
                                                                                                                                
                                                                                                                                
     Page 23, line 6:                                                                                                           
                                                                                                                                
     Delete "sec. 5"                                                                                                            
                                                                                                                                
     Insert "sec. 7"                                                                                                            
                                                                                                                                
     Delete "sec. 6"                                                                                                            
                                                                                                                                
     Insert "sec. 8"                                                                                                            
                                                                                                                                
                                                                                                                                
     Page 23, line 7:                                                                                                           
                                                                                                                                
     Delete "sec. 7"                                                                                                            
                                                                                                                                
     Insert "sec. 9"                                                                                                            
                                                                                                                                
     Delete "sec. 8"                                                                                                            
                                                                                                                                
     Insert "sec. 10"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 8:                                                                                                           
                                                                                                                                
     Delete "sec. 9"                                                                                                            
                                                                                                                                
     Insert "sec. 11"                                                                                                           
                                                                                                                                
     Delete "sec. 10"                                                                                                           
                                                                                                                                
     Insert "sec. 12"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 9:                                                                                                           
                                                                                                                                
     Delete "sec. 11"                                                                                                           
                                                                                                                                
     Insert "sec. 13"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 10:                                                                                                          
                                                                                                                                
     Delete "sec. 12"                                                                                                           
                                                                                                                                
     Insert "sec. 14"                                                                                                           
     Delete "sec. 13"                                                                                                           
                                                                                                                                
     Insert "sec. 15"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 11:                                                                                                          
                                                                                                                                
     Delete "sec. 14"                                                                                                           
                                                                                                                                
     Insert "sec. 16"                                                                                                           
                                                                                                                                
     Delete "sec. 15"                                                                                                           
                                                                                                                                
     Insert "sec. 17"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 12:                                                                                                          
                                                                                                                                
     Delete "sec. 16"                                                                                                           
                                                                                                                                
     Insert "sec. 18"                                                                                                           
                                                                                                                                
     Delete "sec. 17"                                                                                                           
                                                                                                                                
     Insert "sec. 19"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 13:                                                                                                          
                                                                                                                                
     Delete "sec. 18"                                                                                                           
                                                                                                                                
     Insert "sec. 20"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 14:                                                                                                          
                                                                                                                                
     Delete "sec. 19"                                                                                                           
                                                                                                                                
     Insert "sec. 21"                                                                                                           
                                                                                                                                
     Delete "sec. 20"                                                                                                           
                                                                                                                                
     Insert "sec. 22"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 15:                                                                                                          
                                                                                                                                
     Delete "sec. 21"                                                                                                           
                                                                                                                                
     Insert "sec. 23"                                                                                                           
                                                                                                                                
     Delete "sec. 22"                                                                                                           
                                                                                                                                
     Insert "sec. 24"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 16:                                                                                                          
                                                                                                                                
     Delete "sec. 23"                                                                                                           
                                                                                                                                
     Insert "sec. 25"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 17:                                                                                                          
                                                                                                                                
     Delete "secs. 1 - 28 and 30 - 34"                                                                                          
                                                                                                                                
     Insert "secs. 3 - 26, 28, 30 - 32, and 34 - 39"                                                                            
                                                                                                                                
                                                                                                                                
     Page 23, line 18:                                                                                                          
                                                                                                                                
     Delete "sec. 24"                                                                                                           
                                                                                                                                
     Insert "sec. 26"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 19:                                                                                                          
                                                                                                                                
     Delete "sec. 26"                                                                                                           
                                                                                                                                
     Insert "sec. 30"                                                                                                           
                                                                                                                                
     Delete "sec. 27"                                                                                                           
                                                                                                                                
     Insert "sec. 31"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 20:                                                                                                          
                                                                                                                                
     Delete "sec. 28"                                                                                                           
                                                                                                                                
     Insert "sec. 32"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 21:                                                                                                          
                                                                                                                                
     Delete "sec. 32"                                                                                                           
                                                                                                                                
     Insert "sec. 36"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 22:                                                                                                          
                                                                                                                                
     Delete "secs. 1 - 28 and 30 - 34"                                                                                          
                                                                                                                                
     Insert "secs. 3 - 26, 28, 30 - 32, and 34 - 39"                                                                            
                                                                                                                                
                                                                                                                                
     Page 23, line 23:                                                                                                          
     Delete "secs. 1 - 28 and 30 - 34"                                                                                          
                                                                                                                                
     Insert "secs. 3 - 26, 28, 30 - 32, and 34 - 39"                                                                            
                                                                                                                                
                                                                                                                                
     Page 23, line 27:                                                                                                          
                                                                                                                                
     Delete "sec. 30"                                                                                                           
                                                                                                                                
     Insert "sec. 34"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 23, line 29:                                                                                                          
                                                                                                                                
     Delete "sec. 30"                                                                                                           
                                                                                                                                
     Insert "sec. 34"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 24, line 3:                                                                                                           
                                                                                                                                
     Delete "sec. 26"                                                                                                           
                                                                                                                                
     Insert "sec. 30"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 24, line 6:                                                                                                           
                                                                                                                                
     Delete "sec. 27"                                                                                                           
                                                                                                                                
     Insert "sec. 31"                                                                                                           
                                                                                                                                
     Delete "sec. 28"                                                                                                           
                                                                                                                                
     Insert "sec. 32"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 24, line 9:                                                                                                           
                                                                                                                                
     Delete "sec. 32"                                                                                                           
                                                                                                                                
     Insert "sec. 36"                                                                                                           
                                                                                                                                
                                                                                                                                
     Page 24, line 12:                                                                                                          
                                                                                                                                
     Delete "Section 29"                                                                                                        
                                                                                                                                
     Insert "Section 33"                                                                                                        
                                                                                                                                
                                                                                                                                
     Page 24, line 13:                                                                                                          
                                                                                                                                
     Delete "Section 36"                                                                                                        
     Insert "Sections 1, 2, 27, 29, 37, and 41 of this Act                                                                      
                                                                                                                                
     take"                                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 24, line 14:                                                                                                          
                                                                                                                                
     Delete "Sections 1 - 28 and 30 - 34"                                                                                       
                                                                                                                                
     Insert "Sections 3 - 26, 28, 30 - 32, 34 - 36, 38, and                                                                     
                                                                                                                                
     39"                                                                                                                        
                                                                                                                                
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE  LEDOUX  said that  there  is  a huge  problem  in                                                               
Northeast Anchorage  with derelicts purchasing liquor.   "The red                                                               
stripe in the driver's license  just doesn't seem to be working."                                                               
Amendment  8 requires  the Alcohol  Beverage  [Control Board]  to                                                               
provide a  list of people  who are on  a "no sale  list," because                                                               
they have either driven drunk or  they have done some other thing                                                               
while  intoxicated, she  explained,  and give  that  list to  the                                                               
liquor dispensers.   This will keep those  people from populating                                                               
public parks and  "do all of the things that  people do when they                                                               
are intoxicated,"  she noted.  She  added that she would  like to                                                               
chat with  the bill's sponsor  "to see whether  or not we  can do                                                               
something about it this year."                                                                                                  
                                                                                                                                
3:05:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  said she thinks  it is great idea;  it is                                                               
like  the  sex  offender  list  and can  be  accessed  through  a                                                               
computer base that liquor stores and bars could have on hand.                                                                   
                                                                                                                                
REPRESENTATIVE  LEDOUX said  that she  cannot say  for sure  that                                                               
this [amendment]  provides for  computer use, but  if there  is a                                                               
way to do it by computer, then that is the way it would be done.                                                                
                                                                                                                                
REPRESENTATIVE LYNN stated  that he likes the idea,  but he wants                                                               
to look at it  from the point of view of  the liquor store owner.                                                               
"How many  of these  people are we  talking about  running around                                                               
the place?"   Every  time someone  buys a  bottle of  liquor, the                                                               
store owner will have to go to  a book or a computer, he offered.                                                               
It is not like the sex  offender list-something that a person can                                                               
check periodically without 20 customers waiting.                                                                                
                                                                                                                                
3:07:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  stated  that  if the  system  is  on  the                                                               
computer,  "all it  would  mean  is sticking  the  name into  the                                                               
computer and up it pops."                                                                                                       
                                                                                                                                
CHAIR KELLER suggested speaking to the sponsor.                                                                                 
                                                                                                                                
3:08:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  asked about  a "Joe  Smith" whose  name is                                                               
flagged.   The FBI takes  three days to  come back if  a person's                                                               
name is  flagged, he  said.   There may be  15 people  called Joe                                                               
Smith.  The  problem with the red stripe is  people use passports                                                               
instead of  driver's licenses [to buy  liquor].  He said  he does                                                               
not know if  this would solve the red stripe  problem, and it may                                                               
put honest  citizens in  a place  of not  being able  to purchase                                                               
[alcohol].   It is a great  idea because the problem  is rampant,                                                               
but  the law  might hit  snags and  hurt the  honest people.   He                                                               
added that he would be frustrated if  he was told to come back in                                                               
three days.                                                                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX said  that Section 27 of  the bill provides                                                               
that the Department  of Public Safety provide  the person's name,                                                               
age, date of  birth, height, weight, and photograph.   That would                                                               
help  to  keep  the  honest  purchaser  of  liquor  from  getting                                                               
confused with a John Smith who has a string of DUIs.                                                                            
                                                                                                                                
3:10:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT  asked if every  liquor store will  have to                                                               
have  the ability  to  look up  this information.    That puts  a                                                               
burden on  the business owner.   If that is the  policy decision,                                                               
the  legislature needs  to  be  cognizant that  there  will be  a                                                               
burden and  maybe some  push back.   "If  we're going  to mandate                                                               
something on  them and not pay  for it, I would  expect some sort                                                               
of push back."  He said it is  a good idea and maybe it should be                                                               
considered in the interim.                                                                                                      
                                                                                                                                
3:11:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FOSTER said this is  his favorite amendment out of                                                               
all  of the  amendments, but  he noted  the questions  raised and                                                               
offered that  there are some Mom  and Pop liquor stores  in Nome,                                                               
and some stores have poor or no internet connection.                                                                            
                                                                                                                                
REPRESENTATIVE  MILLETT suggested  that it  could be  a voluntary                                                               
system.   "I know people in  Fairview would love to  have it," as                                                               
would other communities.  She said  she would love to work on it.                                                               
By the  way, she stated, a  passport is not an  appropriate ID to                                                               
buy a drink,  as she recently found  out when she tried  to buy a                                                               
drink using her passport as an ID.                                                                                              
                                                                                                                                
3:12:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  pointed  out  that there  are  people  with                                                               
serious alcohol problems all over town and all over the state.                                                                  
                                                                                                                                
CHAIR  KELLER  asked  if  Representative  LeDoux  would  like  to                                                               
withdraw her amendment now that she has that input.                                                                             
                                                                                                                                
REPRESENTATIVE LEDOUX withdrew her motion to adopt Amendment 8.                                                                 
                                                                                                                                
3:13:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  would like the  next amendment                                                               
to go to the bottom of the pile.                                                                                                
                                                                                                                                
CHAIR  KELLER  said he  will  do  that,  but  he noted  that  the                                                               
committee needs  to be judicious.   He said he likes  the idea of                                                               
the amendment, but "it fills the saddlebags on this bill."                                                                      
                                                                                                                                
REPRESENTATIVE  MILLETT  stated  that   she  thinks  there  is  a                                                               
[similar] bill in the hopper  somewhere in the legislature, "so I                                                               
don't think we can pull a bill out of another committee..."                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG interjected  and said  the bill  was in                                                               
this committee.                                                                                                                 
                                                                                                                                
CHAIR KELLER  noted that the  amendment will not be  offered, and                                                               
he moved to adopt Amendment  10, labeled 28-LS0116\L.20, Gardner,                                                               
4/2/14, as follows [original punctuation provided]:                                                                             
                                                                                                                                
     Page 18, line 27, following "and":                                                                                         
                                                                                                                                
          Insert "criminal justice"                                                                                             
                                                                                                                                
                                                                                                                                
     Page 18, line 28:                                                                                                          
                                                                                                                                
          Delete "sentences"                                                                                                    
                                                                                                                                
          Insert "those sentencing laws and criminal                                                                            
                                                                                                                                
     justice practices"                                                                                                         
                                                                                                                                
                                                                                                                                
     Page 18, line 29, following "crimes,":                                                                                     
          Insert "the rights of the accused and the person                                                                      
                                                                                                                                
     convicted,"                                                                                                                
                                                                                                                                
                                                                                                                                
     Page 18, line 31, following "practices":                                                                                   
                                                                                                                                
          Insert "and criminal justice practices, including                                                                     
                                                                                                                                
     rehabilitation and restitution"                                                                                            
                                                                                                                                
                                                                                                                                
     Page 19, line 2:                                                                                                           
                                                                                                                                
          Delete "and court rules related"                                                                                      
                                                                                                                                
          Insert ", court rules, and court decisions                                                                            
                                                                                                                                
     relevant"                                                                                                                  
                                                                                                                                
                                                                                                                                
     Page 19, line 6:                                                                                                           
                                                                                                                                
          Delete "and proportionality"                                                                                          
                                                                                                                                
          Insert "proportionality, and accountability"                                                                          
                                                                                                                                
                                                                                                                                
     Page 19, line 8:                                                                                                           
                                                                                                                                
          Delete "use"                                                                                                          
                                                                                                                                
          Insert "efficacy"                                                                                                     
                                                                                                                                
          Delete "sentencing criminal defendants and to                                                                         
                                                                                                                                
     ensure"                                                                                                                    
                                                                                                                                
          Insert     "reducing     recidivism,     achieving                                                                    
                                                                                                                                
     rehabilitation, and ensuring"                                                                                              
                                                                                                                                
                                                                                                                                
     Page 19, line 16, following "resources;":                                                                                  
                                                                                                                                
          Insert "and"                                                                                                          
                                                                                                                                
                                                                                                                                
     Page 19, line 17:                                                                                                          
                                                                                                                                
          Delete all material.                                                                                                  
                                                                                                                                
                                                                                                                                
     Renumber the following paragraph accordingly.                                                                              
                                                                                                                                
                                                                                                                                
     Page 19, line 18:                                                                                                          
                                                                                                                                
          Delete "effectiveness"                                                                                                
                                                                                                                                
          Insert "usability"                                                                                                    
                                                                                                                                
                                                                                                                                
     Page 19, line 19:                                                                                                          
                                                                                                                                
          Delete "dissemination"                                                                                                
                                                                                                                                
          Insert "extrapolation"                                                                                                
                                                                                                                                
                                                                                                                                
     Page 19, line 20, following "may":                                                                                         
                                                                                                                                
          Insert "select and retain the services of                                                                             
                                                                                                                                
     consultants."                                                                                                              
                                                                                                                                
                                                                                                                                
     Page 19, lines 21 - 26:                                                                                                    
                                                                                                                                
          Delete all material.                                                                                                  
                                                                                                                                
                                                                                                                                
     Page 19, line 31:                                                                                                          
                                                                                                                                
          Delete "criminals"                                                                                                    
                                                                                                                                
          Insert "and administering justice"                                                                                    
                                                                                                                                
                                                                                                                                
     Page 20, line 6, following "confine":                                                                                      
                                                                                                                                
          Insert "violent"                                                                                                      
                                                                                                                                
                                                                                                                                
     Page 20, lines 14 - 15:                                                                                                    
                                                                                                                                
          Delete "the resources available to agencies in                                                                        
                                                                                                                                
     the criminal justice system; and"                                                                                          
                                                                                                                                
          Insert "the sufficiency in state agency resources                                                                     
                                                                                                                                
     to administer the state's criminal justice system;"                                                                        
                                                                                                                                
                                                                                                                                
     Page 20, line 16:                                                                                                          
                                                                                                                                
          Delete "sentencing"                                                                                                   
          Insert "criminal justice laws and practices"                                                                          
                                                                                                                                
                                                                                                                                
     Page 20, line 17, following "state":                                                                                       
                                                                                                                                
          Insert ";                                                                                                             
                                                                                                                                
               (K)  peer reviewed and data-driven research;                                                                     
                                                                                                                                
               (L)  the effect of over-classification of                                                                        
                                                                                                                                
     prisoners; and                                                                                                             
                                                                                                                                
               (M)      the    effects   of   evidence-based                                                                    
                                                                                                                                
      restorative justice initiatives on persons convicted                                                                      
                                                                                                                                
      of criminal violations and offenses, the victim, and                                                                      
                                                                                                                                
     the community"                                                                                                             
                                                                                                                                
                                                                                                                                
REPRESENTATIVE MILLETT objected.                                                                                                
                                                                                                                                
3:14:56 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER noted that Mr. Shilling  and Mr. Prax have worked on                                                               
Amendment 10 and  have done a great job  clarifying the language.                                                               
There is one addition, but the language is cleaned up.                                                                          
                                                                                                                                
MR. PRAX said that originally  SB 64 had a sentencing commission,                                                               
and  it has  changed to  a  criminal justice  commission, so  the                                                               
language has been  modified to reflect the overall  intent of the                                                               
commission.   Additionally, new language requires  the commission                                                               
to  evaluate   the  "rights  of   the  accused  and   the  person                                                               
convicted."  There  is great concern for the person  who has been                                                               
wronged; however, everyone  is to be treated  equally, he stated.                                                               
When the  state is prosecuting  a person who violates  state laws                                                               
or who  commits harm  against another person,  the rights  of the                                                               
accused should  be maintained.   He noted that there  is language                                                               
that sharpens the focus on  rehabilitation and restitution; it is                                                               
easy to  throw someone in jail,  but Alaska also has  the problem                                                               
what to do with the individuals after they get out.                                                                             
                                                                                                                                
3:17:30 PM                                                                                                                    
                                                                                                                                
MR. PRAX turned to  page 19, line 2, [of SB 64].   [The bill] now                                                               
directs the  [Criminal Justice]  Commission to  consider statutes                                                               
and court rules related to  sentencing criminal defendants.  At a                                                               
meeting in  Fairbanks, a member suggested  adding "relevant court                                                               
decisions," which is accomplished in  Amendment 10.  He explained                                                               
that on  page 19, line 17,  "truth and certainty in  statutes and                                                               
sentencing practices" is  deleted.  "It was sort  of an ambiguous                                                               
phrase," and it does not hurt to get rid of it, he added.                                                                       
                                                                                                                                
3:19:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG interjected  and said  he went  through                                                               
this in some detail and would like to ask questions.                                                                            
                                                                                                                                
REPRESENTATIVE MILLETT  said she  had to leave  soon and  she was                                                               
the person  who objected  to the  motion.   She asked  if someone                                                               
else would make an objection so she does not have to return.                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  objected.  He  then pointed to  page 1,                                                               
lines 18-20 of Amendment 10,  which deletes "and proportionality"                                                               
and inserts "proportionality and  accountability".  He asked what                                                               
is meant by proportionality.                                                                                                    
                                                                                                                                
3:20:57 PM                                                                                                                    
                                                                                                                                
MR. PRAX said he believes that  proportionality has been in SB 64                                                               
from the  beginning.   He gave  the example of  a person  given a                                                               
life sentence for  a minor theft and  said it is a  matter of the                                                               
punishment fitting the crime.                                                                                                   
                                                                                                                                
MR. SHILLING agreed.  The  punishment must be proportional to the                                                               
action, he  added.   The powers,  duties, and  methodologies that                                                               
are contained  within SB  64 are pulled  directly from  the exact                                                               
same powers and duties that  the Alaska Sentencing Commission had                                                               
back in the early 1990s, he stated.                                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if it  is a term used elsewhere in                                                               
Alaska law.                                                                                                                     
                                                                                                                                
MR. SHILLING said he does not know if it is used elsewhere.                                                                     
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he will  check that out.   He then                                                               
turned to  page 2,  lines 13-15, of  Amendment 10,  which removes                                                               
"effectiveness"  and  inserts  "usability".    He  expressed  his                                                               
belief that "effectiveness"  is a good term and asked  why it was                                                               
changed.                                                                                                                        
                                                                                                                                
3:23:27 PM                                                                                                                    
                                                                                                                                
MR. PRAX answered  that he thought "effectiveness"  was too broad                                                               
and vague,  but "usability" would go  to the heart of  the matter                                                               
of whether  the format of  the collected  data is usable  and not                                                               
just data stored in a computer.                                                                                                 
                                                                                                                                
REPRESENTATIVE   GRUENBERG   said   he   will   suggest   leaving                                                               
"effectiveness" in  the bill.   On page 19,  line 19, [of  SB 64]                                                               
regarding  dissemination [of  criminal  justice data],  "normally                                                               
you would  say collection and  dissemination.   Extrapolation, we                                                               
certainly  can put  that  in, but  dissemination  is getting  the                                                               
information out,"  he stated.   He  said he  has no  problem with                                                               
inserting "extrapolation",  but at  the appropriate time  he will                                                               
move to leave "dissemination" in the bill.                                                                                      
                                                                                                                                
3:25:07 PM                                                                                                                    
                                                                                                                                
MR. PRAX said it is fine either way.                                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG referred  to page  2, lines  24-25, [of                                                               
Amendment 10].                                                                                                                  
                                                                                                                                
MR. PRAX said  this section deals with things  the commission may                                                               
do.    In  the  bill,  page 19,  lines  21-22,  states  that  the                                                               
commission  may select  and retain  the  services of  consultants                                                               
whose advice is considered necessary  to assist the commission in                                                               
obtaining  information.    He  said  part  of  the  language  was                                                               
somewhat redundant-that is what is  expected and it does not need                                                               
to be stated in statute.   Additionally, on lines 23-24, the bill                                                               
says  the  commission  may "accumulate  and  compile  information                                                               
concerning sentencing  practices" and "recommend  legislative and                                                               
administrative action  on sentencing practices."   Those [duties]                                                               
are already  expected of the commission,  so they do not  need to                                                               
be stated in statute, he opined.                                                                                                
                                                                                                                                
3:28:00 PM                                                                                                                    
                                                                                                                                
MR. PRAX  turned to page 20,  lines 18-22, of SB  64, which deals                                                               
with the annual  report and recommendations.  It  is already said                                                               
in another section of the bill, he stated.                                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG opined  that the  legislature sometimes                                                               
gets in trouble for hiring  high-priced consultants.  Lines 21-24                                                               
"somewhat specifies  what the  consultants shall  be doing  and I                                                               
think  it  may   eliminate  some  of  the   question  on  whether                                                               
consultants are  necessary, and, frankly, allow  good consultants                                                               
to  be hired  and make  sure  there is  some accountability,"  he                                                               
said.    He  said  he  did  not  realize  that  the  language  on                                                               
recommending  legislative and  administrative action  was on  the                                                               
other page, and he said he  will suggest retaining that so people                                                               
do not have to look under the section on the annual report.                                                                     
                                                                                                                                
3:30:08 PM                                                                                                                    
                                                                                                                                
MR. PRAX said the language seems  to read that the commission may                                                               
do 1, 2, and 3, and it does  not say what the consultants can do.                                                               
He turned to page  19, line 31, of SB 64  and said "criminals" is                                                               
deleted  and "administering  justice"  is added.    With the  new                                                               
language,  it  will  read,  "the  commission  shall  solicit  and                                                               
consider information  and views from a  variety of constituencies                                                               
to represent the broad spectrum  of views that exist with respect                                                               
to possible  approaches to  sentencing and  administering justice                                                               
in  the state."   The  change is  to further  highlight that  the                                                               
commission  is   a  criminal  justice  commission,   not  just  a                                                               
sentencing commission, he noted.   The language on page 20, lines                                                               
14-15, deals with  the methodology and what  the commission shall                                                               
base recommendations on.  He  said that the phrase "the resources                                                               
available to  agencies in  the criminal  justice system;  and" is                                                               
replaced by  "the sufficiency  in the  state agency  resources to                                                               
administer  the state's  criminal  justice system;".   All  state                                                               
agencies  have   resources,  he   said,  but  whether   they  are                                                               
sufficient and the  agencies are doing what they  are supposed to                                                               
be doing, is a better question to look at.                                                                                      
                                                                                                                                
3:32:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   said  the   phrase  should   be  "the                                                               
sufficiency 'of' state agency resources."                                                                                       
                                                                                                                                
MR. PRAX said the  next change is on page 20, line  16, of SB 64.                                                               
He  explained  that  "sentencing"  was  replaced  with  "criminal                                                               
justice laws and practices" to  better reflect the goals that the                                                               
legislature is trying to meet.                                                                                                  
                                                                                                                                
MR. PRAX said  the final change adds factors  that the commission                                                               
shall base  recommendations on, and  they are: peer  reviewed and                                                               
data-driven  research;  the   effect  of  over-classification  of                                                               
prisoners  (prisoners  can be  deemed  to  be more  dangerous  to                                                               
society  than they  really  are,  which has  an  impact on  their                                                               
rehabilitation); and,  the effects of  evidence-based restorative                                                               
justice initiatives  on persons convicted of  criminal violations                                                               
and  offenses, the  victim, and  the community  (a suggestion  by                                                               
Chair  Keller).   The intent  is to  focus on  making the  victim                                                               
whole.  "We don't want to  lose sight of just throwing the person                                                               
in jail  and calling it quits  after that," he stated.   If there                                                               
has been  any harm committed  against an individual, part  of the                                                               
punishment  is that  the perpetrator  should restore  the damages                                                               
suffered by the victim, he added.                                                                                               
                                                                                                                                
3:35:49 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  said, "It  is not  just the  victim, it's  also the                                                               
perpetrator."   There is a  lot of evidence that  the perpetrator                                                               
benefits from  atonement, he  added.  He  asked the  committee if                                                               
anyone had any suggested changes to Amendment 10.                                                                               
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he will  research the  changes on                                                               
page 1,  lines 18-20, of Amendment  10.  On page  2, lines 13-15,                                                               
the word  "effectiveness" is  correct.   The term  "usability" is                                                               
less  clear  to him,  and  he  moved  Conceptual Amendment  1  to                                                               
Amendment 10 to delete lines 13-15 from Amendment 10.                                                                           
                                                                                                                                
CHAIR KELLER objected.  He said he is ambivalent to the change.                                                                 
                                                                                                                                
3:37:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  said Representative Gruenberg  is probably                                                               
correct.                                                                                                                        
                                                                                                                                
REPRESENTATIVE LYNN said that each word  has a meaning, and he is                                                               
not sure he knows the legal difference between the words.                                                                       
                                                                                                                                
CHAIR  KELLER said  it is  a  description, and  he believes  that                                                               
usability sounds better.                                                                                                        
                                                                                                                                
REPRESENTATIVE LYNN said his can  opener in Juneau is usable, but                                                               
the one in Fairbanks is far more effective, but are both useful.                                                                
                                                                                                                                
3:39:08 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  removed his objection,  and Conceptual  Amendment 1                                                               
to Amendment  10 was  adopted, which will  delete lines  13-15 of                                                               
Amendment 10.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  his  [next] conceptual  amendment                                                               
will  only  relate  to  deleting   line  18,  which  will  retain                                                               
"dissemination".  Conceptual Amendment 2  to Amendment 10 deletes                                                               
line 18 and  makes the appropriate changes  to read: "Collection,                                                               
dissemination, and extrapolation" in SB 64.                                                                                     
                                                                                                                                
3:40:19 PM                                                                                                                    
                                                                                                                                
There  being no  further  objections, Conceptual  Amendment 2  to                                                               
Amendment 10 was adopted.                                                                                                       
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  his  next  suggestion deals  with                                                               
Amendment  10  on page  2,  lines  24-25, regarding  "that  whole                                                               
little subsection  (b)."  He  would like to move  that discussion                                                               
to Friday, he said.                                                                                                             
                                                                                                                                
CHAIR KELLER objected,  "We want to act on this,  and if you move                                                               
to delete  lines 24-25, I  will object and  be firm."   If things                                                               
need to be added, they can be added to the CS, he stated.                                                                       
                                                                                                                                
3:41:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  agreed.    On   page  3,  line  5,  of                                                               
Amendment 10,  he moved [Conceptual  Amendment 3] to  delete "in"                                                               
and insert "of".                                                                                                                
                                                                                                                                
There being no objection, Conceptual  Amendment 3 to Amendment 10                                                               
was adopted.                                                                                                                    
                                                                                                                              
REPRESENTATIVE GRUENBERG withdrew his objection to Amendment 10.                                                                
                                                                                                                              
There being no  further objection, Amendment 10,  as amended, was                                                               
adopted.                                                                                                                        
                                                                                                                                
3:42:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he received  [an amendment]  that                                                               
deals with custodial interference.                                                                                              
                                                                                                                                
MR. PRAX responded that "today we  made the decision to not offer                                                               
that one."                                                                                                                      
                                                                                                                                
CHAIR KELLER  added that the issue  had to do with  the intent of                                                               
the parent  who was  picking up the  child.  It  was a  good idea                                                               
that was not worth pursuing, he said.                                                                                           
                                                                                                                                
3:44:16 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER said  there is now a CS that  the committee can deal                                                               
with that  has several  pending amendments.   The  committee will                                                               
take up SB 64 at 2:00 PM [in a future hearing].                                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he will  work quickly  on getting                                                               
his other amendments in.                                                                                                        
                                                                                                                                
CHAIR  KELLER  said  to  expect  that some  things  will  not  be                                                               
handled.  The goal is to  judicially move this important bill, so                                                               
if  the committee  does not  get  to an  amendment, it  is not  a                                                               
reflection on anyone.                                                                                                           
                                                                                                                                
3:45:24 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:45 P.M.