Joint Judiciary Meeting November 4, 2013 PRESENTATION FOR CS FOR SENATE BILL NO.64(STA) Presentation for SB641

History of SB 64 SB 64, “version N”, went through Senate State Affairs Committee during session and was modified. The version that passed out of State Affairs is “version O.” “Version O” is the version before you today. “Version O” was passed out of State Affairs on April 9, Presentation for SB642

History of SB 64 (Continued)… Joint Bipartisan Effort – Sen. Ellis, Sen. Dyson, Sen. French, Sen. Coghill and Sen. Meyer’s office. Goals? 1.Improve public safety. 2.Intelligently review our criminal justice system. 3.Reduce recidivism. 4.Reduce government costs. Presentation for SB643

What does SB 64 do? 1.Creates a commission which will analyze and evaluate sentencing laws/practices and provide recommendations to reduce costs or increase effectiveness of our criminal justice system (for the benefit of the public). 2.Modifies laws related to limited licenses. The intent being that therapeutic court and treatment programs will assist offenders (DUI and Refusal) and incentivize them to get treatment (while reducing recidivism). 3.Creates new duties for the Department of Corrections and the Parole Board - (Probation and Parole Accountability with Enforcement). Each shall establish a drug and alcohol testing program for eligible offenders. There shall be prompt action for people that violate their conditions of parole or probation. Presentation for SB644

Professional Review From Experts Carmen Gutierrez Nancy Meade Janet McCabe Doug Gardner Judge Wanamaker Judge Blankenship Bill Satterberg Presentation for SB645

OVERVIEW Section by section. Relevant background. Address specific changes from State Affairs Committee. Presentation for SB646

Section 1 Small “housekeeping” section. Section 1 - Refines conditions for people to qualify for credit against a sentence of imprisonment. – Simply clarifies and improves the language so that people can get credit for treatment programs. – Less cumbersome than previous existing language (“work required by the treatment program and approved in advance by the court”). Presentation for SB647

Section 2 Section 2 creates the Alaska Sentencing Commission. – The commission shall be made up of: members of the House and Senate; active or retired judges at various levels; the native community; department of corrections; the office of the attorney general; Public safety; DHSS Victims’ rights advocate Presentation for SB648

Section 2 (Continued) The commission should be created to evaluate and make recommendations to improve criminal justice system practices. The commission shall consider: – Statutes and court rules – Sentencing practices – Crime and incarceration rates – Effectiveness – Recommendations shall be based on: Seriousness of each offense Prior criminal history Resources available to the agencies Presentation for SB649

Section 2 (Continued) – Changes from Senate State Affairs Section 2, page 2, lines 16 & 17: –Change in the creation of the Sentencing Commission. –Shall be established in the Office of the Governor instead of the Alaska Court System. Section 2, page 2, line 18: –The Commission shall have 17 members instead of 16. »Added victim’s rights advocate representative. Section 2, page 2, lines 25-31: –The Justice of the Supreme Court, the Superior Court Judge, and the District Court Judge can now be “active or retired.” Previously, the implication was that they had to be active. Presentation for SB6410

Section 2 – More Changes from State Affairs Section 2, page 3, lines 1-2: –Changed from the executive director of the Alaska Native Justice Center to a member of the Alaska Native community appointed by the Governor. Section 2, page 3, lines 8-9: –Changed to “Commissioner of Health and Social Services or deputy” instead of “director of juvenile justice in HSS or supervising regional probation officer designated by the director.” Section 2, page 3, lines 14-15: –Added the victim rights advocate as a member of commission. Section 2, page 3, lines 16-17: –Add: The Alaska Native community member and the victim’s rights advocate shall serve at the pleasure of the governor and may be reappointed. Section 2, page 3, lines 21-22: –Changed who shall provide the staff for the Commission. »The office of the Governor shall provide the staff instead of the Alaska Judicial Council. Presentation for SB6411

Section 2 - Potential Policy Calls Recommended changes from various groups during the 2013 interim: – Change name from “Alaska Sentencing Commission” to “Alaska Criminal Justice Commission.” – Change “deputy commissioners” to “designees.” Presentation for SB6412

Section 2 - Potential Policy Calls (Continued) Recommended changes from various groups during the 2013 interim: – Membership should include the following recommended modifications: – 2 Representatives – 2 Senators – Chief Justice of Supreme Court (active or retired) – Superior Court Judge (active or retired) – District Court Judge (active or retired) – Alaska Native Rep. – Attorney General (or designee) – Commissioner of Corrections (or designee) – Commissioner of Public Safety (or designee) – Commissioner of Health and Human Services (or designee) – Commissioner of Administration (or designee) – Victim's Rights Advocate – Administrative Director of the Court (or designee) – Private Attorney – Local law enforcement 17 Total Members Presentation for SB6413

Section 2 - Potential Policy Calls (Continued) Recommended changes from various groups during the 2013 interim: – The staffing and administrative support to the commission should return to the Alaska Judicial Council. Why? – They already have staff that does comparable duties. – It would be a relatively smooth transition. Presentation for SB6414

Section 2 – Unresolved Question Should the legislature include an Executive Director specifically for the commission? – This would be a special ED, separate from the Alaska Judicial Council ED. – Pros: accountability, specific focus, follow-through and commitment. – Cons: larger fiscal note FYI – There are currently 21 similar commissions in the United States. All commissions have Executive Directors. Presentation for SB6415

7 years? 5 years? 3 Years? (Last Sentencing Commission) Presentation for SB6416 Sunset?

Why is this established in the Office of the Governor? Office of Governor – Why? That’s how it was structured in first commission. Problems with it being established by the court system: – It looks like recommendations are coming from court system. – If some issues come up in court, there may be the perception of potential bias. » We’d like to avoid. – The court may have to make a ruling on its own perceived recommendations. Presentation for SB6417

Section 3 Section 3 discusses terminating a revocation of a license for a DUI or refusal: – Court may terminate a license revocation, if the revocation was for the minimum period required (depending on if the person is a misdemeanant or felon). OR – If the person successfully completes a court ordered treatment program and has good behavior, and has successfully driven under the limited license for the minimum period of time. Presentation for SB6418

“Court may terminate a license revocation, if the revocation was for the minimum period required” Presentation for SB6419

OR… “If the person successfully completes a court ordered treatment program and has good behavior, and has successfully driven under the limited license for the minimum period of time.” Presentation for SB6420

What does that mean? Section 3 is designed to incentivize chronic DUI offenders to face their alcohol problem. Example: Third DUI Offense (Felon) – Normally has a lifetime license revocation. Person can petition (with no guarantees of success) within 10 years. – Now, because of SB 64, provided the person goes through the treatment program (and successfully drives on a limited license for 5 years) the license revocation will terminate within a mere 5 years. – Strong incentive for the person to stay clean and sober. Intent is to create an unencumbered, productive member of society. He’ll be able to provide for his family and reduce the costs to the state. Presentation for SB6421

Here are the changes from State Affairs in Section 3: Section 3, page 6, lines 3-17: Changed the conditions to terminate a license revocation (for DUI or refusal) » Language was clarified in a manner that was clearer to the reader: Person has to successfully complete a court ordered treatment program Person cannot be charged or convicted of a DUI or refusal since completing the program Person was granted limited license privileges and has successfully driven under the limited license minimum period. Presentation for SB6422

Section 4 – Limited Licenses Section 4 outlines when a court may grant limited license privileges. They can be granted if: – The revocation was for a DUI or refusal. – The person is participating in a court-ordered treatment program. – The court grants the limited license for a minimum time of either: The period of revocation while the person is participating in the court-ordered treatment program; or 5 years, for a person convicted of a felony DUI or refusal, including the period of revocation while the person was participating in the court-ordered treatment program. – The person provides proof of insurance. – The person agrees to be free from drugs and alcohol. – The person pays the cost of testing for the substances. The court shall immediately revoke a limited license if the person is charged with or convicted of a DUI or refusal or tests positive for the use of alcohol or a controlled substance. Presentation for SB6423

Section 4 Here are the changes from Section 4 from State Affairs: Section 4, page 6, lines and page 7 lines 4-6 and lines – Changed the conditions for granting limited license privileges Timeframes: – At a minimum, either: » The period of revocation while the person is participating in the court- ordered treatment program. » Five years for felony DUI or refusal (including the period of revocation while the person was participating in a court-ordered treatment program) Person must abstain from alcohol or controlled substances Person must pay for cost of testing, as ordered by the court, for those substances. Limited license shall be revoked if there is a positive test for alcoholic beverages or controlled substances. Presentation for SB6424

Section 5 - Procedure The person needs to plead guilty or no- contest. – Court may provide incentive for completing the recommended treatment successfully. May reduce the fine, imprisonment, fine, or license revocation. – There were no changes to Section 5 from State Affairs. Presentation for SB6425

Sections 6 & 7 Section 6 and 7 – Dealing with DUI and refusal for FELONS – May restore license if: 10 years Good behavior Financially responsible – Shall restore license if: Successfully driven on limited license for a period of 5 years Good behavior Financially responsible. Presentation for SB6426

Section 6 – Changes from State Affairs Section 6 (FELONY DUI) was added. See Section 6, page 8, lines – Upon request, the department shall review a driver’s license revocation and MAY restore if: The license has been revoked for a period of 10 years. The person has not been convicted of a criminal offense since the license has been revoked. The person provides proof of fiscal responsibility. And SHALL restore the driver’s license if – A felon (DUI or Refusal) has been granted limited license privileges and has driven for at least 5 years without having the limited license privileges revoked. – Has not been convicted of a criminal offense since the license revocation. – Person provides proof of financial responsibility. Presentation for SB6427

Section 7 – Changes from State Affairs Section 7 (FELONY REFUSAL) was added. See Section 7, page 8, lines and page 9, lines – Upon request, the department shall review a driver’s license revocation and MAY restore if: The license has been revoked for a period of 10 years. The person has not been convicted of a criminal offense since the license has been revoked. The person provides proof of fiscal responsibility. And SHALL restore the driver’s license if – A felon (DUI or Refusal) has been granted limited license privileges and has driven for at least 5 years without having the limited license privileges revoked. – Has not been convicted of a criminal offense since the license revocation. – Person provides proof of financial responsibility. Presentation for SB6428

Sections 8 & 9 Sections 8 & 9 – Directs the Commissioner and the Parole Board to establish programs for probationers and parolees that: – Include random drug and alcohol testing. – Require Probation or Parole Officer to file petition if person is in violation. – Allows court to receive prompt notice of a violation and take action as necessary. Presentation for SB6429

Quote from Judge Steven Alm (Hawaii) “I thought about how I was raised and how I raise my kids. Tell’ em what the rules are and then if there’s misbehavior you give them the consequences immediately.” Immediate petition to revoke when bad behavior occurs. Presentation for SB6430

What are Sections 8 & 9 modeled after? PACE Probation Accountability and Certain Enforcement (PACE) Alaska PACE was modeled after Hawaii’s Opportunity Probation with Enforcement (HOPE) program. – Followed the model developed by Judge Steven Alm, PACE aimed to reduce crime and drug/alcohol use among criminal offenders. – PACE identified probationers who were likely to violate their conditions of probation; notified them that violations have consequences; required frequent randomized drug and/or alcohol tests; and responded to violations with swift, certain terms of incarceration. Presentation for SB6431

Changes in Section 8 Changes from State Affairs: – Section 8 (Duties of commissioner; probation officers and personnel). This is the former “Section 6” of “version N.” The format of the paragraph was changed to make it clearer to the reader. See Section 8, page 9, lines Requires the probation officer to file a petition to revoke probation if a probationer: – Fails to appear for an appointment – Tests positive for controlled substances or alcohol – Fails to follow any condition of probation ordered by the court Presentation for SB6432

Changes in Section 9 – Section 9 (Duties of Parole Board). This is the former “Section 7” of “version N.” The format of the paragraph was changed to make it clearer to the reader. See Section 9, page 10, lines Requires the Parole Officer to file a petition to revoke parole if a parolee: – Fails to appear for an appointment – Test positive for controlled substances or alcohol – Fails to follow a condition of parole as ordered by the court. Presentation for SB6433

Potential Policy Calls For Sections 8 & 9? Change language from “Urinalysis” to the broader term of “Drug and/or alcohol testing”? – Found in Section 8, Page 9, line 19. – Found in Section 9, Page 10, line 8. Presentation for SB6434

Sections Section applicability and changes. – Nothing of any substance changed from State Affairs but for the section numbers. – First meeting of commission shall be September 30, First report no later than February 1, – Act “takes effect immediately.” Presentation for SB6435

Questions? Presentation for SB6436