SB91 back in legislative crosshairs

Gov. Bill Walker said Friday he will add a crime bill to his call for a special legislative session to be held this fall. The bill is Senate Bill 54, which rolls back some reforms made a year earlier when lawmakers passed Senate Bill 91, a major revamp of state laws on criminal sentencing, probation and rehabilitation.

Despite the extended 2017 legislative session, SB 54 languished and at final adjournment was in the House State Affairs Committee.

Some of the changes in SB 91 that eased up on jail time for minor crimes went too far, the governor said in a press conference. Crime rates are sharply higher, evidenced in a new crime report on 2016 from the Dept. of Public Safety, but the governor admitted the reasons are not clear.

“Is it economic instability? The opioid crisis? Or, is it SB-91?” Walker asked.

But something must be done.

“I have heard from Alaskans who have had cars, cabins and homes broken into. Thieves are openly stealing from businesses,” the governor said.

Walker said he doesn’t want to wait until the regular 2018 session before acting, although the special session, which has yet to be called formally, is supposed to deal with revenue measures.

The changes in SB 54, which really amount to tweaks of SB 91, are the first step in dealing with the surge in minor crimes, Walker said. “I’m not doing this just to placate the public. We’re doing this because we think (toughening the law) will make a difference,” he said.

State Attorney General Jana Lindemuth, who attended the press conference with Walker, said that any overhaul of the criminal justice code like SB 91 needs a close eye kept on how it is working. “You fix it if that’s needed,” she said.

Senate Bill 91, which is still the current law, placed limits on judges in ordering jail time for minor, first-time offenses. That enraged many small business owners, particularly retailers, who said the law change encouraged shoplifting.

The change in SB 54 reverses the changes, giving jail-time authority for minor offenses, including violation of terms of parole, back to judges.

The Alaska Criminal Justice Commission, which had recommended the original reforms in sentencing in SB 91, endorsed the changes in SB 54 earlier this year, Lindemuth said.

However, the criminal justice commission had made its original recommendations with the goal that changes in criminal law be “evidence-based,” meaning backed by research showing they will be effective. Research has shown that the threat of jail-time is not effective as a deterrent, and in the case of first-time offenders increases the chances of second offenses.

Walker acknowleged in the press conference that there is no evidence that the changes in SB 54 will work to reduce crime, but said findings in the 2016 state crime report indicate the current system, for whatever reason, is not working.

The crime report showed sharp increases in every category of crime except murder, although 2016 murders were only down from a spike in 2015, according to the report.

Larceny, robbery, burglary, assaults and vehicle thefts were all up, according to the crime report. Except for robbery, all crime categories had been gradually declining since 2000 until they turned up in 2016. Robberies had been on a slow increase since 2000 and increased sharply in 2016.

The murder rate had been somewhat steady since 2000 and decreased from 2009 through 2014, increased sharply in 2015 and then declined again. Alaska’s crime rates had also been below national averages in many categories but move above the nation in all categories in 2016.

The original changes in SB 91 were the result of a long-term effort by the criminal justice commission and a bipartisan group of legislators led by Sen. John Coghill, R-Fairbanks. The goal was to make the overall system more effective and also reduce jail populations, particularly for first-time nonviolent offenders in cases of minor crimes, Coghill said in previous interviews.

Other goals were improve rehabilitation and access to drug addiction treatment, the senator said. The bill also authorized $99 million in new funding over six years for improved pre-trial supervision, victims’ services, substance abuse treatment and inmate re-entry services.

The projections for SB 91 were that the changes would reduce jail populations by 13 percent over 10 years, which would save the state $380 million per year.