Goals for new Alaska crime law range from harsher penalties for drug dealers to reducing recidivism

Gov. Mike Dunleavy holds up nan omnibus crime bill, House Bill 66, aft signing it astatine a July 11, 2024, ceremonial held astatine nan Department of Public Safety’s craft hangar astatine Lake Hood successful Anchorage. (Photo by Yereth Rosen/Alaska Beacon)

Gov. Mike Dunleavy connected Thursday signed into rule a measure primitively aimed astatine curbing nan meteoric emergence successful opioid overdoses successful nan state, but which turned into broad crime authorities that Alaska lawmakers approved successful nan last hours of nan legislative session.

A bill-signing ceremonial was held astatine nan Department of Public Safety’s craft hangar astatine Lake Hood successful Anchorage. The assemblage successful nan cavernous room included respective legislators, immoderate members of Dunleavy’s cabinet, law-enforcement officers and unfortunate advocates. Dunleavy and others who said were flanked by uniformed law-enforcement officers.

“By closing loopholes and narrowing successful connected nan fentanyl situation and making nan roadworthy to justness easier for those who are victims of activity crimes, nan authorities marks a important milestone successful our ongoing committedness to nationalist safety,” he said.

Lawmakers built nan wide-ranging rule astir Dunleavy’s connection to summation penalties for fentanyl and methamphetamine dealers. The rule besides directs nan authorities to look into why number groups are overrepresented successful nan carceral system, creates nan crime of battle successful beforehand of a child, tightens restrictions astir activity and labour trafficking and requires nan authorities to measure group accused of definite convulsive crimes for involuntary commitment.

Department of Public Safety Commissioner James Cockrell said nan rule empowers rule enforcement. “House Bill 66 will springiness rule enforcement officers crossed nan authorities much devices to reside immoderate of nan largest nationalist information problems that we are facing, including fentanyl, kid intersexual maltreatment material, and overmuch more,” he said successful a news release.

Senate Judiciary Committee Chair Matt Claman, D-Anchorage, helped shepherd House Bill 66 through to transition successful its last form. It passed 19-1 successful nan Senate and 33-6 successful nan House.

Sen. Matt Claman, D-Anchorage, speaks astatine nan ceremonial marking Gov. Mike Dunleavy signing House Bill 66. (Photo by Yereth Rosen/Alaska Beacon)

“I would for illustration to spot a meaningful simplification successful nan level of activity battle connected a statewide basis. And I would surely for illustration to spot a simplification successful nan overdose deaths successful Alaska that are attributed to fentanyl and methamphetamine. And I would for illustration to spot group who are victims of crimes consciousness for illustration nan process of going done nan justness strategy arsenic a unfortunate of crime is little burdensome than it seems for illustration it is today,” Claman said.

The ACLU and immoderate legislators person criticized parts of nan caller law, including its attraction connected expanding penalties. Claman said definite criticisms are fair, but he thinks nan rule balances civilian liberties pinch nationalist safety.

Crackdown connected drugs

The authorities sprang from a petition from Dunleavy’s agency that lawmakers summation nan penalties for supplier distribution. Drug distributors aliases manufacturers will beryllium liable for second-degree execution if a personification dies arsenic a consequence of their use.

Alaska had nan fastest rising complaint of overdose deaths in nan state successful 2021 and proponents of nan alteration opportunity it will deter crime.

The rule raises imaginable penalties for supplier dealers by classifying nan distribution of a controlled constituent that causes an overdose decease arsenic a second-degree murder. Up to now, prosecutors had nan action of charging distributors pinch manslaughter successful those cases, a lesser violation.

Dunleavy said nan alteration is an due consequence to Alaska’s drug-overdose crime, which is dominated by fentanyl, a powerful synthetic opioid.

“For anyone to consciously say, ‘We don’t care. . .the profit motive is each that matters, we don’t attraction who nan victims are, we don’t attraction really galore kids are impacted, we don’t attraction astir really galore accidental poisonings location are,’ we’re going to punctual them that they’d amended commencement caring,” Dunleavy said. “Because if they don’t care, they’re going to beryllium charged pinch second-degree murder.”

Sandy Snodgrass, whose 22-year-old boy died from a fentanyl overdose successful 2021, said that proviso successful nan rule will prevention lives.

“This rule will bring justness to families who person mislaid loved ones and will thief forestall further nonaccomplishment of life by stopping individuals who are dealing poison to our people. This rule will forestall supplier dealers from being released backmost into our communities to proceed victimizing Alaskans pinch their poison,” she said.

She prefaced her comments pinch nan communicative of her son.

Sandy Snodgrass, whose 22-year-old boy Bruce died successful 2021 from a fentanyl overdose, speaks astatine a July 11, 2024, ceremonial wherever Gov. Mike Dunleavy signed an omnibus crime measure passed by nan Legislature 2 months earlier. Snodgrass, who has go an advocator for drug-abuse prevention and education, campaigned for a proviso successful nan measure that allows distributors of controlled substances to beryllium charged pinch second-degree execution successful cases of fatal overdoses. (Photo by Yereth Rosen/Alaska Beacon)

“When my only child, Bruce Snodgrass was nan unfortunate of a drug-induced homicide present successful Oct. 26, 2021, present successful Anchorage, rule enforcement and prosecutors did not person nan action to record second-degree execution charges,” she said.

Her boy “tragically died wherever he stood,” adjacent a engaged intersection successful nan eastbound broadside of town, she said. “No 1 has been arrested, charged aliases convicted for his murder,” she said.

While fatal overdoses declined successful astir states past year, Alaska’s drug-caused decease toll continued to climb sharply, nan U.S. Centers for Disease Control and Prevention reported successful May.

Alaska has 342 fatal overdoses successful 2023, a record-high number, according to authorities data.

The CDC, utilizing somewhat different data, calculated that Alaska had a 33.32% summation successful overdose deaths from January 2023 to January 2024, nan highest among each U.S. states for that period. While 11 different states and nan District of Columbia besides posted increases, nan nationalist complaint of overdose deaths fell by 3% successful 2023 from nan erstwhile year. It was nan first nationalist alteration since 2018, nan CDC said. Included successful nan statistic was a alteration successful fentanyl deaths; specified deaths began to skyrocket aft 2014.

The rule besides includes a number of provisions aimed astatine keeping children safe and protecting group from trafficking. It creates nan crime of battle successful beforehand of a kid and changes nan word ‘child pronography’ to ‘child intersexual maltreatment material’ and creates nan crime of battle successful beforehand of a child.

A bipartisan discuss made it a Class B felony to induce personification into activity trafficking by withholding narcotics aliases a passport, successful an effort to clamp down connected nan emergence of that crime. Sen. Mike Shower, R-Wasilla, supported nan last-minute amendment: “This is simply a sickness connected nan planet,” he said during nan level statement successful May. “I opportunity propulsion nan book astatine ‘em!”

Sen. Shelley Hughes, R-Palmer, and Sen. Jesse Kiehl, D-Juneau, were besides beardown supporters of nan change. “Adding this connection to our criminal statutes is incredibly valuable,” Kiehl said connected nan Senate floor.

The rule besides makes it a felony to salary for activity pinch personification who is simply a unfortunate of activity trafficking.

Addresses overrepresentation of number groups successful prisons

Lawmakers besides adopted an amendment from Sen. David Wilson, R-Wasilla, that requires nan Department of Corrections to statement a study of why definite group groups are disproportionately represented successful nan state’s carceral strategy and create recommendations to trim first encounters pinch nan system.

The amendment is successful summation to different study that Sen. Lyman Hoffman, D-Bethel, added to nan measure while it was successful committee, which requires nan Department of Corrections to statement a study that specifically investigates nan disproportionate practice of Alaska Native group successful nan state’s carceral strategy and to create recommendations to trim recidivism.

Sen. Löki Tobin, D-Anchorage, supported nan move.

“We cognize that communities of colour are overincarcerated, we cognize that communities of colour are much affected by supplier maltreatment and deficiency of curen options,” she said connected nan Senate floor. “I deliberation we request to do each that we tin to trim introduction into these systems. The champion measurement to do that is to get information, is to person that astatine our fingertips.”

Tobin yet voted against nan bill, citing its attraction connected incarceration alternatively than diversion and restitution. “All nan research, each nan information really showcases that expanding situation sentences does not thief dainty group pinch addiction. It’s not thing that’s going to thief group extremity cycles,” she said aft it passed.

Criticism

Civil authorities advocates and different lawmakers recovered responsibility successful nan wide-ranging legislation, from nan accrued penalties for supplier dealers to a proviso that allows rule enforcement officials to attest successful tribunal connected behalf of victims and an involuntary committedness rule.

The Alaska American Civil Liberties Union criticized several components of nan bill. Megan Edge directs an accountability programme for nan state’s prisons for nan ACLU of Alaska and characterized nan rule as counterproductive in a connection issued successful May, conscionable aft nan Legislature passed it.

“HB 66 is simply a misguided effort to reside horrible issues that person agelong plagued our state. Alaska has tried to incarcerate its measurement retired of nan opioid epidemic, and nan intelligence wellness crisis. These efforts person failed. The transition of this measure intends those suffering from addiction will proceed to struggle to find safe places to detox and person treatment, and nan astir severely mentally sick will autumn done nan cracks,” she said.

The statement said harsher penalties for dealers and manufacturers of narcotics are punitive and ineffective — it pointed to a study that shows states pinch akin measures saw an uptick successful overdose deaths. It voiced interest that a proviso that would let rule enforcement to attest connected behalf of victims would summation nan chances that a lawsuit would beforehand connected questionable evidence, though it acknowledged nan intent is to trim trauma to victims it did not connection an alternative. The group besides said nan involuntary committedness proviso “impermissibly curtails their liberty and violates law authorities to owed process nether some nan United States and Alaska Constitutions.”

Sen. Jesse Kiehl, D-Juneau, voted successful favour of nan measure contempt reservations astir definite aspects because he said it does bully things for victims of crime.

After nan May vote, he said it was “ridiculous” to expect that charging group pinch execution for trading fentanyl will trim overdose deaths. “That’s ne'er worked anyplace it’s been tried,” he said. “There are immoderate different parts of that measure that are each astir bigger penalties that costs america much money and trim crime not 1 bit. It’s difficult to endorse wasting money.”

Claman said he thought astir of nan criticisms were adjacent and boiled down to different approaches to solving wide recognized problems. “I deliberation this is conscionable a argumentation determination that we want to bespeak that we were very concerned astir nan precocious overdose complaint circumstantial to those drugs,” he said.

Claman, an attorney, added that very fewer supplier distributors are prosecuted for manslaughter because nan cases are difficult to analyse and to beryllium successful court.

Involuntary commitment

The involuntary committedness norm was 1 that Claman’s agency fought for successful peculiar because of his constituent Angela Harris, who was coming astatine nan signing of nan bill.

That proviso concerns convulsive offenders considered mentally incompetent to guidelines trial. It requires nan authorities to activity involuntary committedness of specified offenders successful a psychiatric institution and allows them to beryllium held location for up to 2 years.

Claman said nan request for nan alteration was evident aft a mentally incompetent man who had attacked women successful nan past stabbed Angela Harris while she was astatine nan nationalist room successful 2022. Now utilizing a wheelchair, Harris was among nan crime victims who attended nan bill-signing.

Claman, speaking astatine nan event, thanked her for her activity connected nan measure and called her to nan podium to speak.

“You were a fierce and courageous advocate,” he said, noting that she traveled to Juneau aggregate times and testified astatine each proceeding considering nan measure. “I cognize it wasn’t easy. But we couldn’t person made it present without you. You ne'er gave up, and your passion made judge that we did not springiness up.”

Angela Harris, now utilizing a wheelchair aft a mentally impaired man stabbed her successful Anchorage’s Loussac Library successful 2022, listens to Sen. Matt Claman, D-Anchorage, arsenic he speaks astatine nan July 11, 2024, signing ceremonial for an omnibus crime measure passed during nan legislative session. Claman, who chairs nan Senate Judiciary Committee, worked pinch Harris to trade a proviso successful nan measure that requires nan authorities to activity involuntary confinement astatine psychiatric institutions of offenders considered vulnerable but mentally incompetent to guidelines trial. The man who stabbed Harris successful nan backmost was a alien to her and had assaulted 2 women previously. (Photo by Yereth Rosen/Alaska Beacon)

Harris, invited by Claman to speak, wheeled to nan beforehand of nan audience, held onto nan podium to propulsion herself into a opinionated position, hugged Claman and said into nan microphone.

“When nan DA said my assailant could person murdered maine and still locomotion nan streets freely owed to his incompetence and inability to beryllium restored, I knew alteration needed to beryllium made,” she said. “I believe that this is conscionable nan opening of providing assistance pinch mentally sick persons who are a threat successful our state. Thank you.”

Claman says nan caller rule closes nan loophole that allows group who whitethorn beryllium vulnerable to spell free. He called it a spread betwixt nan criminal justness strategy and nan behavioral wellness system.

“When somebody’s not competent to guidelines proceedings and they scope a definite modular of dangerousness, what are we going to do astir it? This is astir initiating involuntary proceedings,” he said aft nan measure passed successful May.

He said he hopes nan consequence of nan rule is simply a simplification successful overdoses and intersexual battle — and a process wherein victims of crime to consciousness little burdened by nan demands of nan criminal justness system.

Claman said he hopes to spot early authorities move successful a different direction, 1 wherever nan authorities puts resources towards making communities safer. He gave nan examples of persistently precocious rates of intersexual battle and supplier overdose

“That’s not a mobility of ‘Is it illegal?’ The mobility is, ‘What are we doing astir resources?’” he said. “We’ve sewage a agelong history of changing nan laws, and not overmuch has changed successful nan community.”