Complete issue of Alaska Justice Forum 33(1), Spring 2016 at https://scholarworks.alaska.edu/handle/11122/6883.This article highlights provisions of Senate Bill 91, "Omnibus Criminal Law & Procedure; Corrections Act," related to the recommendations of the Alaska Criminal Justice Commission. SB91 was signed into law on July 11, 2016.Recommendation: Implement Evidence-based Pretrial Practices /
Recommendation: Focus Prison Beds on Serious and Violent Offenders /
Recommendation: Strengthen Probation and Parole Supervision /
Recommendation: Improve Reentry Programming /
Recommendation: Ensure Oversight and Accountability /
Recommendation: Reinvest in Practices Proven to Reduce Recidivism and Protect Public Safet

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2  Alaska Justice Forum 33(1), Spring 2016Senate Bill 91: Summary of Policy ReformsSB91: Omnibus Criminal Law & Proce-dure; Corrections Act was signed into law on July 11, 2016. This article highlights provisions of SB91 related to the recom-mendations made by the Alaska Criminal Justice Commission. The Commission was established by then Governor Sean Parnell in 2014 with the mission of evaluating and making recommendations “for improving criminal sentencing practices and criminal justice practices, including rehabilitation and restitution.”The bipartisan, statewide Commission includes the following representatives: Gregory P. Razo, Chair (Anchorage), CIRI, Alaska Native Community; Justice Alexander O. Bryner (Ret.) (Anchorage), Designee of the Alaska Supreme Court Chief Justice; Senator John Coghill (North Pole), Non-voting; Attorney General Jahna Lindemuth, Department of Law (Juneau); Jeff L. Jessee, CEO, Alaska Mental Health Trust Authority (Anchorage); Representa-tive Wesley C. Keller (Wasilla), Non-voting; Commissioner Walt Monegan, Department of Public Safety (Anchorage); District Court Judge Stephanie Rhoades (Anchorage), 3rd Judicial District; Lt. Kristie Sell, Juneau Police Department (Juneau); Brenda Stanfi ll, Executive Director, Interior Alaska Center for Non-Violent Living (Fairbanks); Alaska Public Defender Quinlan Steiner (Anchor-age); Superior Court Judge Trevor N. Ste-phens (Ketchikan), 1st Judicial District; and Commissioner Dean Williams, Department of Corrections (Anchorage).The Commission reached a number of consensus recommendations including:Implementing evidence-based pretrial practices by making changes to bail practices to focus pretrial release deci-sions more on risk than on ability to pay, and expanding law enforcement’s discre-tion to use citations in lieu of arrest for lower-level nonviolent offenders.Focusing prison beds on serious and vio-lent offenders by diverting nonviolent misdemeanor offenders to alternatives; revising drug crime penalties to focus the most severe punishments on higher-level drug dealers; raising the felony theft threshold and indexing it to infl ation; realigning sentence ranges in statute; expanding and streamlining the use of discretionary parole; and implementing a specialty parole option for the oldest cohort of prisoners.Strengthening probation and parole su-pervision by standardizing sanctions for violations of probation and parole condi-tions to ensure they are swift, certain, and proportional; establishing incentives to comply with conditions; focusing treat-ment resources on high-needs offenders; and extending good time eligibility to offenders serving sentences on electronic monitoring.Improving reentry programming by ensuring that individuals exiting prison have the resources they need to remain crime-free and become contributing members of society.Ensuring oversight and accountability by requiring collection of key performance measures and establishing an oversight council.Reinvesting in programs proven to reduce recidivism and protect public safety by directing funds over the next six years into evidence-based pretrial supervision; in-prison and community-based alcohol and substance abuse treatment; transi-tional support for offenders returning to the community; and victims’ services and violence prevention programming.Following are highlights of the provisions of SB91 that stem from recommendations of the Alaska Criminal Justice Commission. These highlights do not include every mea-sure in the bill.Recommendation: ImplementEvidence-based Pretrial PracticesSB91 adopts a number of evidence-based pretrial reforms designed to improve public safety and pretrial outcomes:Risk-Based Release Decision-MakingRelease decisions will now be made based on a defendant’s risk, as assessed by a validated pretrial risk instrument, and al-leged offense. Defendants will fall into three potential categories:Required release on personal recogni-zance or unsecured bond: Low- and moderate-risk defendants charged with non-violent, non-DUI misdemeanors; low-risk defendants charged with non-violent, non-DUI class C felonies.Presumption of release on personal re-cognizance or unsecured bond, which can be overcome if the judge finds that monetary bail is the only way to reasonably assure court appearance and public safety: Defendants charged with DUI; low- and moderate-risk defen-dants charged with failure to appear or violation of release conditions; high-risk defendants charged with a non-violent misdemeanor; moderate- and high-risk defendants charged with a non-violent class C felony; and all other defendants assessed as low-risk for pretrial failure.Monetary bail may be ordered: All other defendants, which includes any moder-ate- and high-risk defendant charged with a person, DV [domestic violence], or sex offense or higher-level felony.  In all cases, the courts may order additional, non-monetary release conditions, includ-ing complying with pretrial supervision, so long as they are the least restrictive conditions necessary to assure court ap-pearance and public safety.Pretrial SupervisionSB91 establishes a pretrial services pro-gram at the Department of Corrections to conduct pretrial risk assessments using an objective, data-based, validated pretrial risk assessment tool; make recommendations to the court regarding release decisions and condi-tions; and supervise pretrial defendants who are released.  The use of third-party custodians will be restricted to only those cases where pretrial supervision is not available and no secured monetary bond is ordered.  Addition-ally, the courts will be required to send court date reminders to defendants to help improve court appearance rates.Arrest ProceduresPeace offi cers will now be permitted (but not required) to issue a citation for class C felony offenses, unless the person is a danger to others or the offense involves violence or harm to another person or to property.Failure to Appear (FTA) and Violation of Conditions of Release (VCOR)Failure to Appear (FTA): FTA is now an arrestable violation, unless the defendant fails to appear for more than 30 days or in order to avoid prosecution (in which case it remains a misdemeanor or Class C Felony).Violation of Conditions of Release (VCOR): VCOR is now an arrestable violation. Under SB91, FTA and VCOR are responded to by arresting the defen-dant, revoking bail, conducting a new pretrial risk assessment, and then either detaining the individual in prison or releasing the person with greater restric-tions or conditions.Recommendation: Focus Prison Beds on Serious and Violent OffendersEvidence suggests that for many of-fenders, incarceration is not more effective at reducing recidivism than non-custodial sanctions—and a growing body of research shows that for many low-level offenders, prison terms may increase rather than re-duce recidivism. Further, the most rigorous Alaska Justice Forum 33(1), Spring 2016 3Please see SB91, page 4research in the fi eld shows that longer prison stays do not reduce recidivism any more than shorter prison stays.SB91 adopts a number of reforms de-signed to focus expensive prison beds on serious and violent offenders, including:Misdemeanor Sentencing and Classifi cationSenate Bill 91 includes the following changes to misdemeanor sentencing and classifi cation:Class B Misdemeanors: Sets the maxi-mum term of imprisonment for a Class B Misdemeanor to ten days, except if the offense is distribution of explicit im-ages. Sets a maximum term for disorderly conduct of 24 hours. Reclassifi es certain Class B misdemeanors as violations.Class A Misdemeanors: Provides for a pre-sumptive range of zero to thirty days for Class A Misdemeanors, with exceptions for offenses with mandatory minimums of thirty days or above, for cases in which the conduct was among the most serious included in the defi nition of the offense, for defendants with similar past convic-tions, and for assault in the fourth degree, sexual assault in the fourth degree, sexual abuse of a minor in the fourth degree, indecent exposure in the second degree if the victim is under 15, and harassment in the fi rst degree.Felony SentencingReduces the presumptive sentencing range for non-sex felony offenses (see Table 1 for details). Controlled SubstancesSenate Bill 91 includes the following pol-icy changes related to controlled substances:Possession: Reduces the classifi cation of possession offenses for all controlled substances except GHB [gamma-hy-droxybutyric acid] to a Class A Misde-meanor and eliminates the imposition of active imprisonment time for the fi rst two misdemeanor possession offenses.Commercial: Reduces the penalty for com-mercial offenses relating to less than 1 gram of a IA substance or 2.5 grams of IIA or IIIA controlled substances to a Class C Felony, and more than 1 gram of a IA controlled substance to a Class B Felony.TheftSenate Bill 91 includes the following policy changes related to theft:Felony Theft Threshold: Increases the threshold value for theft related offenses from $750 to $1,000 and requires the level to be adjusted every fi ve years to account for infl ation.Shoplifting: Eliminates use of incarcera-tion as a sanction for theft under $250 (fi rst two offenses), and limits the use of incarceration to 5 days suspended impris-onment and six months of probation for subsequent shoplifting offenses.Traffi c OffensesSenate Bill 91 includes the following policy changes related to traffi c offenses:DUI-Related DWLS: Removes the manda-tory minimum for fi rst time DUI-related DWLS [Driving With License Suspend-ed] offenders and reduces the mandatory minimum for second time DUI-related DWLS offenders to 10 days.Non-DUI Related DWLS: Reduces the penalty for non-DUI-related DWLS offenses from a misdemeanor to an infraction.First-time DUI: Requires fi rst-time DUI offenders to serve a mandatory term of electronic monitoring. If this is unavail-able, imprisonment is determined by the Department of Corrections.Suspended Entry of JudgmentEstablishes a sentencing option that al-lows a court to suspend entering a judgment of guilt in some cases and allow the person to serve time on probation. If the person successfully completes probation, the court would then discharge the person and dismiss the case.Administrative ParoleCreates an administrative parole option, which grants parole without a hearing, for fi rst-time non-violent, non-sex misdemeanor and Class B or C felony offenders who have completed the requirements of their case plan, followed institutional rules, and in cases where a victim has not requested a parole hearing.Discretionary ParoleSenate Bill 91 makes the following changes to discretionary parole:Eligibility: Expands eligibility for discre-tionary parole to all offenders except unclassifi ed sex offenders. For other sex offenders, eligibility for discretionary parole starts once they have served 50% of their sentence.Process: Streamlines the hearing process for discretionary parole by requiring the parole board to hold hearings for all pris-oners who are eligible, rather than wait for prisoners to determine eligibility and prepare an application prior to a hearing.Geriatric ParoleExpands eligibility for discretionary pa-role to inmates who are over the age of 60, have served at least 10 years of their sentence, and have not been convicted of an unclassi-fi ed or sexual felony.Recommendation: Strengthen Probation and Parole SupervisionResearch has identifi ed a number of key strategies to increase success rates for those supervised in the community, including identifying and focusing resources on higher risk offenders; using swift, certain, and pro-portional sanctions; incorporating rewards and incentives; frontloading resources in the fi rst weeks and months of supervision; and integrating treatment into supervision. SB91 requires Alaska to adopt these evidence-based community supervision strategies, including:Administrative Sanctions and IncentivesRequires the Department of Corrections to establish an administrative sanction and incentive program to facilitate a prompt and effective response to compliance with or vio-lations of conditions of probation or parole.Cap Technical Violation StaysLimits the maximum sentence for techni-cal violations of probation or parole for of-fenders who are not in the PACE [Probation Accountability and Certain Enforcement] program to 3 days for the fi rst revocation, 5 days for the second revocation, 10 days for Class First Second Third Exceptions3–6 years 8–12 years 13–20 years(was 5–8) (was 10–14) (was 15–20)0–2 years 2–5 years 4–10 years(was 1–3) (was 4–7) (was 6–10)0–18 months 1–3 years 2–5 years(suspended)(was 0–2 years)Table 1. Felony Presumptive Sentencing ComparisonFirst-time DUI: 120–239 days;second-time DUI: 240–359 days;third and subsequent DUI: 360 days to two years(was 3–5)(was 2–4)CA Use of dangerous weapon/offense directedat first responder: 5–9 years for first offenseB Criminally negligent homicide:of a child, 2–4 years for a first offense;of an adult, 1–3 years for a first offense4  Alaska Justice Forum 33(1), Spring 2016SB91(continued from page 3)the third revocation, and up to the remainder of the suspended sentence for the fourth or subsequent revocation. The maximum sen-tence for absconding is limited to 30 days. Arrests for new criminal conduct, failing to complete batterer’s intervention or sex of-fender treatment, or failing to comply with special sex offender conditions of release are not considered technical violations. [The PACE program focuses on offenders with drug or alcohol offenses who are on pro-bation and operates in Anchorage, Bethel, Fairbanks, Juneau, Kenai, and Palmer.]Earned Compliance CreditsRequires the commissioner to establish a program that allows probationers and parolees to earn a credit of 30 days for each 30 day period served in which the person has complied with conditions of supervision.Early DischargeRequires probation or parole offi cers to recommend early discharge for any pro-bationer/parolee who has served at least one year (Class C Felonies) or two years (Class A and B Felonies), completed any required treatment, and has not been found in violation of their conditions of probation for at least one year, with an exception for offenders convicted of an unclassifi ed or sex felony offenses, or a crime involving domestic violence.Maximum Probation TermsLimits probation terms to 15 years for a sex offense; ten years for a non-sex unclas-sifi ed felony; fi ve years for other felony offenses; three years for a misdemeanor assault, domestic violence, or sex offense; two years for a second-time misdemeanor DUI; and one year for any other offense.Good Time on Electronic MonitoringExtends good time credit to individuals on electronic monitoring.CRCsRequires CRCs [Community Residential Centers—housing for offenders] to provide treatment, reduce mixing of low and high risk offenders, and adopt quality assurance measures, including standards for assessing risk levels.Alcohol Safety Action Program [ASAP]Restricts ASAP referrals to persons who have been referred by a court for a DUI-related offense, and requires the ASAP program to screen for criminogenic risk and monitor based on risk level.Community Work ServicePrevents the court from converting community work service into a sentence of imprisonment. Increases the value of an hour of community work from three dollars to the state minimum wage.Recommendation: Improve Reentry ProgrammingAlmost everyone incarcerated in Alaska will eventually be released to the commu-nity. SB91 included reforms designed to improve the re-entry process—and, in do-ing so, improve public safety by reducing recidivism.Reentry PlanningRequires the Department of Corrections to work with prisoners to prepare a reentry plan, beginning 90 days before the date of release. The department must partner with one or more community nonprofi ts to assist in the reentry process, and must identify resources available to the prisoner in the community. Finally, the department must assist prisoners with obtaining state identi-fi cation prior to release.Food StampsLifts the restriction on eligibility for food stamps for persons convicted of drug felo-nies, provided the individual is compliant with conditions of probation and has com-pleted treatment or is still working toward rehabilitation.Driver’s LicensesRequires the DMV [Department of Mo-tor Vehicles] to restore a person’s driver’s license if all charges have been dismissed or if the person has been acquitted of DUI. Authorizes the court to grant limited license privileges for felony DUI offenders if the person has completed a court-ordered treat-ment program, has proof of insurance and has installed an ignition interlock device.Recommendation: Ensure Oversight and AccountabilityThe reforms to Alaska’s correctional and criminal justice systems will require careful implementation and oversight. To ensure that reforms are monitored for fi delity and effi cacy, SB91 requires:Oversight CommissionExtends the life of the Alaska Criminal Justice Commission and requires the Com-mission to review and analyze the imple-mentation of the legislation and annually make recommendations on how savings from reforms should be reinvested to reduce recidivism.Reporting of performance measuresRequires state agencies to collect and report data on key performance measures, and requires the Commission to use that data to monitor the reforms and, if necessary, recommend additional reforms in the future.Recommendation: Reinvest in Practices Proven to Reduce Recidivism and Protect Public SafetyUsing a portion of the savings and 50 percent of the state’s new revenue from marijuana tax receipts, Alaska will reinvest an estimated $98 million over the next six years into treatment in prison and in the com-munity, reentry support services for inmates returning to the community from prison, pretrial services and supervision, violence prevention programming, and crime victims’ services. (This reinvestment component is found both in the bill itself and in the bill’s fi scal note.)The full text of SB91 is available on the Alaska State Legislature website (http://www.legis .s tate .ak.us/basis /get_bi l l .asp?session=29&bill=SB91).This article was excerpted from “Senate Bill 91: Alaska’s Justice Reinvestment Reforms” available at the Alaska Criminal Justice Commission website (http://www.ajc.state.ak.us/acjc/resources.html).AlaskaJusticeForumEditor:  Barbara ArmstrongEditorial Board:  Allan Barnes, Lindsey Blumenstein, Jason Brandeis, Sharon Chamard, Ron Everett, Ryan Fortson, Kristin Knudsen, Cory R. Lepage, Brad Myrstol, Khristy Parker, Troy Payne, Deborah Periman, Marny Rivera, André RosayTypesetting and Layout:  Melissa S. GreenAndré Rosay, Director, Justice CenterPublished three times per year by the Justice Center College of Health University of Alaska Anchorage 3211 Providence Drive Anchorage, AK 99508 (907) 786-1810 (907) 786-7777 fax uaa_justice@uaa.alaska.edu http://www.uaa.alaska.edu/justice/© 2016 Justice Center, College of Health, University of Alaska Anchorage ISSN 0893-8903The opinions expressed are those of individual authors and may not be those of the Justice Center.The University of Alaska provides equal education and employment opportunities for all, regardless of race, color, religion, national origin, sex, age, disability, or status as a Vietnam-era or disabled veteran.

Senate Bill 91: Summary of Policy Reforms

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Senate Bill 91: Summary of Policy Reforms

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