Despite warnings from some of the state\u2019s top legal minds, the Alaska Senate on Friday approved a constitutionally problematic criminal justice reform bill, then adjourned the fourth special session of the 30th Alaska Legislature.<\/p>\n
If Gov. Bill Walker does not veto the bill, a lawsuit could reset the possible penalties for first-time C felony criminals and prohibit judges from sentencing them to prison. Probation would be the only possible sentence.<\/p>\n
\u201cThis bill, according to every legal expert that\u2019s reviewed it, is unconstitutional,\u201d said Sen. Bill Wielechowski, D-Anchorage, shortly before the final vote.<\/p>\n
In testimony earlier Friday, attorneys from the Alaska Department of Law and the Alaska Public Defender Agency warned senators that a segment of Senate Bill 54 dealing with class C felonies likely violates constitutional protections for due process. Lawmakers attempted to boost sentences for first-time C felony offenders, but the attorneys said the conflict could instead reduce the possible penalty to probation alone.<\/p>\n
The Legislature\u2019s own <\/a>attorneys<\/a> and the American Civil Liberties <\/a>Union<\/a> previously warned lawmakers about the problem.<\/p>\n Nevertheless, senators persisted. Shortly after 4 p.m. Friday, they voted to advance the bill to Gov. Bill Walker and adjourn the special session. Speaking on the floor, they said speedily fixing Alaska\u2019s criminal justice system was their top priority, and any problems may be fixed with future legislation.<\/p>\n The 11th and decisive vote was cast by Sen. John Coghill, R-North Pole and the original author of SB 54. Speaking to the Empire, Coghill said neither the House nor the Senate could keep enough members in Juneau to fix the problem with SB 54.<\/p>\n \u201cThat\u2019s the tough part of this job. This is a citizen legislature, and people have things that they\u2019re doing. Trying to get enough votes to keep a policy corralled and get a conclusion to it, this was the best conclusion under the time allotted to us,\u201d Coghill said. \u201cThat\u2019s, in my view, the crappy side of politics. It\u2019s the painful side of politics.\u201d<\/p>\n How did the Legislature get here?<\/span><\/p>\n Friday\u2019s vote ends a frustrating chapter in Alaska\u2019s struggle with criminal justice issues.<\/p>\n Last year, the Alaska Legislature passed Senate Bill 91, which promoted alternatives to long prison terms in an effort to reduce the number of people who return to jail after a first offense. If successful, that approach would reduce prison costs.<\/p>\n The passage of SB 91 has not led to an immediate drop in crime; in fact, most crime rates have increased as the state grapples with an economic recession and a wave of opioid drug addiction. That led for calls to repeal or roll back the measure, even though crime began increasing before SB 91 became law, and even though the measure will not be fully implemented until next year.<\/p>\n Gov. Walker responded to those calls by adding SB 54 to a special session that was expected to focus on dealing with Alaska\u2019s $2.7 billion annual deficit. With the Alaska Senate reluctant to consider taxes, and neither the House nor the Senate interested in a bill spending a portion of the Alaska Permanent Fund, lawmakers devoted almost all their attention to criminal justice.<\/p>\n The Senate passed SB 54 in a 19-1 vote earlier this year, but the House didn\u2019t consider the bill until the special session. House lawmakers considered dozens of amendments to the proposal, generally using SB 54 to increase prison sentencing options that SB 91 had limited.<\/p>\n What\u2019s the problem?<\/span><\/p>\n Late Monday night, not long before the House voted 32-8 to approve a version of SB 54 significantly different from the Senate\u2019s version<\/a>, Rep. Lora Reinbold, R-Eagle River, introduced an amendment to increase the maximum amount of prison time for a class C felony, the lowest level of felony in Alaska law.<\/p>\n