Nov 7, 2017 - Officer-Involved A Felonies - this strengthened sentences for an offender who commits a Class A Felony (wh
Senate Bill 54
Millett Office
As Passed the House 11.7.17 SB54 As Received from the Senate: Violating Conditions of Release Criminalization - this section returns violating conditions of release to a misdemeanor - SB 91 made it a violation, which is similar to receiving a traffic ticket. Now an officer can arrest and place in jail someone who has broken their conditions of release. Sex Trafficking Loophole - this section closes a loophole in our sex trafficking statutes that would have made it easier for someone running a sex trafficking house to receive a lower sentence. Increased C Felony Sentences - this section allows a C felony offender to receive up to a year of active jailtime. SB 91 changed C felony sentencing so that judges could only impose probation, which was causing felons to pose a danger to their community and receive no jailtime. Increased Misdemeanor Sentences - this section increased the amount of time a judge could sentence for first time and repeat Class A and B Misdemeanor offenders. It also allows judges to look back at an offenders criminal history to determine if they have repeat or escalating behavior. Amendments Made By the House to SB 54: Repeal Administrative Parole - this provision eliminates an automatic prison release valve that was created under SB 91. It would 1 have allowed many felons and misdemeanants to be released from prison without having to appear in front of the Parole Board or make their case for release.
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Adding U-47700 and Tramadol to Scheduled Drugs - this amendment added two drugs to our criminal schedule. The first, U-47700 is an incredibly potent and deadly opiate with no medical use, which is being added to our Schedule One. Schedule One has our stiffest penalties. The other drug, Tramadol, is a prescription narcotic which doctors prescribe for pain. This is added to our Schedule Four, which includes other prescription drugs that can be safe, as long as they are accompanied by a prescription.
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Officer-Involved A Felonies - this strengthened sentences for an offender who commits a Class A Felony (which includes our worst assaults, manslaughter, armed robbery) and directs that conduct at law enforcement or first responders.
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Sober Law - this requires our jails to hold those who are arrested while intoxicated until they are sober, or until someone can come to pick them up. This is in response to concern from law enforcement that an intoxicated offender could be released and fail to be able to keep themselves safe or could commit new crimes.
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ASAP Program Expansion - the Alcohol Safety Action Program provides offenders with substance abuse concerns with referrals towards treatment and other interventions. This amendment expanded the pool of offenders who would be assigned to them, to better reach the wide group of offenders who abuse and are addicted to drugs and alcohol. Recidivist Provision - this provides progressively stiffer penalties for theft offenders as they re-offend. After the second and subsequent low-level theft crimes, an offender can be sentenced to longer jailtime. 48 Hour Hold Pre-Release - this amendment allows prosecutors and judges additional time to determine whether a felony offender can be released pre-trial. Prosecutors can now take 48 hours to research and evaluate the risk of an offender not appearing at trial or committing new crimes. Increased Sentence for Sexual Assault of a Minor 3rd Degree - this amendment increases the sentence for an offender who has committed sexual assault of a minor in the 3rd degree. They now can serve over a year in jail once sentenced.
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Caseload Cap for Probation/Parole Officers - based on a nationally-established standard, this amendment caps probation and parole officers' caseloads at 75 cases. This is an effort to help officers to better provide monitoring and services to released offenders.
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Felony Theft Threshold Decrease - this changes the threshold for thefts that are considered felonies from $1,000 to $750. This will allow more thieves to be prosecuted as felons for high-level thefts.
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DVSA Offender Treatment Requirement - this disallows parolees who have been convicted of a DVSA crime to shorten their length of parole until they have completed sex offender treatment or domestic violence offender treatment.
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Increased Probation for C Felonies - this amendment would allow a judge to increase the amount of probation time given to Class C felony offenders. They could thus receive closer monitoring in the case that they are not in jail. Increased Sentence for Repeat Misdemeanants - this amendment allows sentences to increase for repeat Class A Misdemeanor offenders. An example of this crime is a low-level theft offense. Increase to C Felony Sentences - this amendment increases the possible sentences for Class C felony offenders. Examples of these crimes (it’s a broad range) are stalking, misconduct involving a weapon, vehicle theft, and endangering the welfare of a child. Criminal Justice Commission Trainings - this amendment asks the Alaska Criminal Justice Commission to create publicly accessible webinars to explain their evaluation and recommendation process, as well as train criminal justice practitioners in new criminal laws passed by the Legislature. Increases Theft 4 Sentences - This increases the sentences for offenders convicted of Theft in the 4th Degree, both for first time offenders and for repeat offenders. Negligent Joyriding Definition - this amendment is similar to action taken in Anchorage to add an additional layer of responsibility to those who are passengers in stolen vehicles. This is an effort to not only crack down on drivers of stolen vehicles, but also those who knowingly participate in the offense.
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DHSS Presence on Criminal Justice Commission - this amendment adds an ex oficio member to the Criminal Justice Commission in the form of the Commissioner of the Dept. of Health and Social Services or her designee. This aims to add expertise on the state's rehabilitation and public health resources to the Commission's process. Community Work Service Requirement - this amendment requires that those who commit criminal mischief offenses that result in property crimes must do community work service. Criminal mischief offenses can include defacing public or private property, damaging construction projects, and destroying memorials. Other technical and clarifying amendments were made to the bill as well. This is not a legal analysis of SB 54 - just an overview of policies.
