Bill Summary – FastDemocracy

State of Alaska
                                                          Fiscal Note
                                                                                            Bill Version:                     CSSB 189(JUD)
 2022 Legislative Session
                                                                                            Fiscal Note Number:               7
                                                                                            (S) Publish Date:                 4/8/2022
 Identifier:       SB189CS(JUD)-JUD-ACS-03-31-22                             Department:        Judiciary
 Title:            CRIME OF SEX/HUMAN TRAFFICKING                            Appropriation: Alaska Court System
 Sponsor:          RLS BY REQUEST OF THE GOVERNOR                            Allocation:        Trial Courts
 Requester: Senate Judiciary Committee                                       OMB Component Number:                768
 Expenditures/Revenues
 Note: Amounts do not include inflation unless otherwise noted below.                                                               (Thousands of Dollars)
                                                 Included in
                                    FY2023       Governor's
                                Appropriation      FY2023                                          Out-Year Cost Estimates
                                  Requested       Request
 OPERATING EXPENDITURES               FY 2023        FY 2023       FY 2024                    FY 2025            FY 2026            FY 2027        FY 2028
 Personal Services                       189.8                        161.3                     161.3              161.3              161.3          161.3
 Travel
 Services                                   2.5                         2.5                         2.5                 2.5              2.5              2.5
 Commodities                                6.0                         2.5                         2.5                 2.5              2.5              2.5
 Capital Outlay
 Grants & Benefits
 Miscellaneous
 Total Operating                         198.3            0.0         166.3                      166.3             166.3              166.3             166.3
 Fund Source (Operating Only)
 1004 Gen Fund (UGF)                         198.3                              166.3            166.3             166.3              166.3             166.3
 Total                                       198.3              0.0             166.3            166.3             166.3              166.3             166.3
 Positions
 Full-time                                      1.0                                 1.0             1.0                 1.0              1.0              1.0
 Part-time
 Temporary                                      1.0
 Change in Revenues
 None
 Total                                          0.0             0.0                 0.0             0.0                 0.0              0.0              0.0
 Estimated SUPPLEMENTAL (FY2022) cost:                                 0.0                (separate supplemental appropriation required)
 Estimated CAPITAL (FY2023) cost:                                      0.0                (separate capital appropriation required)
 Does the bill create or modify a new fund or account?       0
 (Supplemental/Capital/New Fund - discuss reasons and fund source(s) in analysis section)
 ASSOCIATED REGULATIONS
 Does the bill direct, or will the bill result in, regulation changes adopted by your agency?               NA
 If yes, by what date are the regulations to be adopted, amended or repealed?                               NA
 Why this fiscal note differs from previous version/comments:
 Updated to reflect changes in Judiciary Committee Substitute version I.
 Prepared By:            Nancy Meade, General Counsel                                                             Phone:          (907)463-4736
 Division:               Alaska Court System                                                                      Date:           03/31/2022 03:00 PM
 Approved By:            Nancy Meade for Stacey Marz, Administrative Director                                     Date:           03/31/22
 Agency:                 Alaska Court System
Printed 4/7/2022                                                      Page 1 of 2                                                          Control Code: yCgOw
                                                                                                           CSSB 189(JUD) - Fiscal Note 7
                                                  FISCAL NOTE ANALYSIS
STATE OF ALASKA                                                                      BILL NO. SB 189
2022 LEGISLATIVE SESSION
Analysis
   The judiciary committee substitute for Senate Bill 189 reclassifies sex trafficking and human trafficking crimes, and
   increases the level of offense and penalties for trafficking crimes. The court system does not anticipate a fiscal impact from
   these classification changes.
   The CS for Senate Bill 189 also establishes a means for persons who have an existing conviction for prostitution and for any
   misconduct involving a controlled substance (drug) offense under AS 11.71.050 or .060 to have the conviction vacated if
   they can establish that they were a victim of sex trafficking at the time of the offense (sec. 28). If successful, the
   conviction for prostitution and/or the misdemeanor drug crime is vacated, and the conviction will be removed from
   CourtView if the case did not have any felony convictions (sec. 28).
   The court system data shows that the number of individuals who have a conviction for prostitution under the state statute
   is relatively low for the years for which we have reliable data. However, the number of persons convicted of prostitution
   under the similar ordinance of the Municipality of Anchorage (also eligible under SB 189) has varied over the years, but is
   substantial in the aggregate. We estimate that approximately 1000 defendants would be potentially covered by that part
   of the bill. In addition, the court system's data shows approximately 16,000 state cases with a criminal drug conviction
   and no felony convictions; those defendants would also be potentially covered by the bill. The estimate for the number of
   nonstate cases (i.e., municipal cases) is another 20003000.
   The court system will experience a fiscal impact from this portion of the bill.
   First, to implement it, we will create a form for the petitioner to use to initiate a petition for vacation of judgment, create
   form orders for judges, have possible hearings in district court if the prosecuting authority objects to the petition to
   establish facts as to whether the petitioner was a victim of sex trafficking, and program CourtView to remove the cases, if
   the petition is granted. Because this is a novel legal avenue and procedure, it would require one temporary (four month)
   attorney in the administrative office at Range 20; this person would prepare appropriate forms, draft rules as needed,
   provide informational materials to judicial officers and court staff, and prepare other resources as appropriate to
   implement the legislation. The cost of this position would be $28,500 in FY 23 only.
   Second, though the court could absorb the work required to handle the petitions from those convicted of prostitution
   only, the addition of misdemeanor drug cases greatly expands the scope of work. Under the CS, about 20,000 defendants
   could file petitions under this new provision, and the court system will need a centralized system for reviewing and
   deciding whether the petition meets the bill's language. (Even if only 10% of potentially eligible defendants file a petition,
   that would result in 2000 new proceedings that require decisions.) Further, these convictions will continue into the future,
   and each future misdemeanor drug case will potentially lead to a petition to have the conviction vacated. (In CY 2021,
   there were 455 state convictions under AS 11.71.050 or .060 in cases that had no felony convictions in that same case.)
   The court system anticipates that the petitions could be handled by a PFT staff attorney in the trial courts. The fiscal
   impact of this position would be $169,800 per year, including salary and standard benefits, plus equipment and supplies
   such as a desk and software licenses, etc.
   The court system therefore submits this fiscal note for a total of $198,300 in FY 23 and $166,300 in future years.
(Revised 11/23/2021 OMB/LFD)                                                                                           Page 2 of 2
SB189CS(JUD)-JUD-ACS-03-31-22                                    Page 2 of 2                                               Control Code: yCgOw
Statutes affected: 
SB0189A, AM SB 189, introduced 02/15/2022: 04.06.110, 11.41.340, 11.41.347, 11.41.350, 11.66.100, 11.66.135, 11.66.200, 11.66.280, 11.41.345, 11.41.434, 11.41.460, 11.41.360, 11.41.365, 11.81.900, 11.41.367, 11.41.366, 11.41.368, 11.41.370, 23.10.350, 11.61.140, 11.41.530, 11.41.100, 11.41.110, 11.41.120, 11.41.130, 11.41.200, 11.41.210, 11.41.220, 11.41.230, 11.41.410, 11.41.420, 11.41.425, 11.41.427, 11.41.436, 11.41.438, 11.41.440, 11.41.500, 11.41.510, 11.41.520, 11.61.125, 11.61.127, 11.66.110, 11.66.120, 11.66.130, 11.81.250, 12.10.010, 11.41.450, 11.41.458, 11.41.430, 12.37.010, 11.41.300, 12.55.035, 12.55.078, 11.41.260, 11.41.320, 11.46.400, 11.61.128, 11.41.250, 12.55.085, 18.66.990, 12.55.125, 11.41.150, 11.41.470, 11.41.455, 12.55.155, 12.55.175, 11.41.452, 11.61.123, 12.55.135, 12.55.185, 11.31.110, 12.62.900, 11.51.130, 11.51.200, 11.56.210, 11.61.110, 11.15.120, 11.15.134, 11.15.160, 11.40.080, 11.40.110, 11.40.130, 11.40.200, 11.40.420, 12.63.100, 26.05.900, 11.61.118, 26.05.890, 26.05.893, 26.05.935, U.S.C, 12.74.020, 12.74.030, 12.74.040, 12.74.050, 12.62.160, 18.67.101, 28.15.046, 11.51.100, 28.35.030, 28.35.032, 34.03.360, 43.23.005, 47.10.990, 47.17.290, 11.66.150, 47.12.110, 47.12.040, 47.12.120, 11.46.410, 11.46.300, 11.71.040, 11.71.050, 47.12.315, 47.12.310, 11.31.120, 11.66.140, 11.66.145
SB0189B, AM CSSB 189(JUD), introduced 04/08/2022: 04.06.110, 11.41.340, 11.41.357, 11.66.100, 11.66.135, 11.66.200, 11.66.280, 09.25.400, 18.66.200, 18.66.250, 11.61.140, 11.41.345, 11.41.350, 11.41.355, 11.41.434, 11.41.440, 11.41.360, 11.41.365, 11.41.367, 11.41.366, 11.41.368, 11.41.369, 11.41.530, 11.41.100, 11.41.110, 11.41.120, 11.41.130, 11.41.200, 11.41.210, 11.41.220, 11.41.230, 11.41.410, 11.41.420, 11.41.425, 11.41.427, 11.41.436, 11.41.438, 11.41.500, 11.41.510, 11.41.520, 11.61.125, 11.61.127, 11.66.110, 11.66.120, 11.66.130, 11.81.250, 11.81.900, 23.10.350, 12.10.010, 11.41.450, 11.41.458, 11.41.430, 11.41.330, 12.37.010, 11.41.300, 12.45.049, 12.55.035, 12.55.078, 11.41.260, 11.41.320, 11.41.370, 11.46.400, 11.61.128, 11.41.250, 12.55.085, 18.66.990, 12.55.125, 11.41.150, 11.41.470, 11.41.455, 12.55.155, 12.55.175, 11.41.452, 11.61.123, 12.55.135, 12.55.185, 11.31.110, 12.62.900, 11.51.130, 11.51.200, 11.56.210, 11.61.110, 11.15.120, 11.15.134, 11.15.160, 11.40.080, 11.40.110, 11.40.130, 11.40.200, 11.40.420, 12.63.100, 11.41.460, 26.05.900, 11.61.118, 26.05.890, 26.05.893, 26.05.935, U.S.C, 11.71.050, 11.71.060, 12.72.105, 12.72.110, 12.72.100, 12.72.115, 12.72.120, 12.62.160, 18.66.010, 18.66.050, 39.25.110, 39.25.100, 18.66.300, 18.66.310, 18.66.060, 18.66.210, 18.67.101, 18.85.100, 28.15.046, 11.51.100, 28.35.030, 28.35.032, 34.03.360, 43.23.005, 44.23.080, 47.10.990, 47.17.290, 11.66.150, 47.12.110, 47.12.040, 47.12.120, 11.46.410, 11.46.300, 11.71.040, 47.12.315, 47.12.310, 11.31.120, 11.56.765, 11.56.767, 11.66.140, 11.66.145