SPECTRUM: SB54 fixes nothing

Larry Wood
Larry Wood

Our Legislature is currently working on SB54, a bill to “correct” the deficiencies of SB91 passed in 2016. The same tactics that were used to pass SB91 are being used again to “force feed” the quick passage of SB54 without due consideration of the impact of SB91 upon Alaska or of any alleged remedy afforded by SB54. SB54 leaves a class C felony conviction as an offense with a minimum sentence of 0 days jail time.

At the end of the 2016 legislative session, SB91 passed and Governor Bill Walker signed the bill into law. SB91 was a radical rewrite of Alaska’s criminal code that has had severe repercussions upon the law abiding in Alaska. Only two of the Valley’s House members voted in favor of passage: then Rep. Lynn Gattis, and then Rep. Shelley Hughes. Hughes is now a senator.

Rep. Kathy Tilton and Rep. Mark Neuman both voted against the measure.

On the Senate side, then senators Bill Stoltze and Charlie Huggins and Sen. Mike Dunleavy voted against the measure.

SB91 reduced sentencing, resulted in the early release of felons, reduced DUI to a ticket offense, surprisingly without any complaint by Mothers Against Drunk Driving, reduced a class C felony to no mandatory jail time, as well as creating a new division within the Dept. of Corrections dedicated to dealing with the enforcement of rehabilitation programs. SB91 also provided for rehabilitation programs, most of which were already in use, but underfunded and remained so under SB91.

SB91 was sold to the Legislature on the basis of misrepresentations by the Pew Research Center Foundation and other liberal groups working a Cloward-Piven strategy to force a radical change in the criminal justice system of the United States at both the state and federal level. The goal is to reduce sentencing, to clean out the prisons through early release of felons, and to restore the constitutional rights of over 4.7 million felons regardless of whether the crime involved violence or a weapon. This legislative initiative is being paid for by George Soros’ foundation, Pew and other liberal organizations working to radically alter the criminal justice system in favor of the convicted criminal. Any benefit for the victim has been ignored.

The experience of the State of Texas was used to convince our Legislature and Gov. Walker to support these changes. What was not passed on by those advocating this radical rewrite of our criminal code was that Texas had increased the penalties for criminal conduct and had in place the reforms in rehabilitation and means to effect the monitoring and enforcement of the completion of those programs by the offender well in advance of the legislation introduced there. In other words, Texas was ready for such changes, but they did not reduce the severity of the Texas criminal code, they made it more strict. Alaska’s SB91 did just the opposite. SB54 does not correct the flaws in SB91.

Under SB91, opioid abuse is an epidemic in Alaska that has been made worse by the early release of drug offenders. Home invasions, robberies, murder, rape, assault, crime associated with gangs and drugs, and burglaries have increased dramatically. Car theft and violent carjacking have become common. Car “jacking” was a crime relatively unknown in Alaska until the passage of SB91.

Car theft in the greater Anchorage area has increased dramatically. Upwards of $3 million worth of vehicles were stolen in the Anchorage area since the passage of SB91. Car theft is a class C felony. No jail time.

DUIs are now merely a ticket offense, like any other traffic infraction. APD officers have ticketed a DUI offender only to have the same individual repeat the offense and be stopped by the same officer just hours later.

Gang initiations require a felony level crime to be committed. Under SB91, a class C felony offense is reduced to a virtual ticket offense, no jail time. No wonder the Outside gangs are now present in Alaska in growing numbers and Alaska gangs are increasing in number.

SB54 is not a fix, it is a public relations ploy and nothing more. SB91 should be rescinded, the measures taken by the State of Texas considered in light of Alaska’s situation, and then introduce appropriate legislation that protects the citizen, insures the rights of the victim, imposes suitable sentences for an offense and insures and enforces that rehabilitation and treatment programs are completed and parole conditions are met.

Larry Wood is a Palmer resident.

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