Much-maligned SB 91 needs tweaks from Legislature, not repeal

  • Monday, February 13, 2017 8:16pm
  • Opinion

The rollout for Senate Bill 91, the judicial reform bill passed by the Legislature last year in an effort to combat high recidivism rates and overcrowded prisons, hasn’t gone altogether smoothly. Seen as going easy on criminals by some members of the general public and often criticized by state prosecutors, the law has become a frequent target of those dissatisfied with the judicial system. The Legislature this session has responded by discussing revisions to the law. That’s appropriate. Like many other far-reaching bills, there are ways to tweak SB 91 to be responsive to public concerns without throwing the initiative out entirely.

The problems leading to SB 91’s creation were real and serious. Long sentencing ranges for crimes, the product of tough-on-crime policies in past decades, have had the result of substantially increasing prison populations, at a cost to the state of more than $50,000 per prisoner per year. The decade before SB 91’s passage saw annual prison population growth of 3 percent, with two-thirds of those released from the corrections system going on to reoffend shortly afterward, according to Department of Corrections statistics. With the prison system running at 101 percent capacity even after the opening of the relatively new Goose Creek Correctional Center in Point MacKenzie, the state needed to make changes if it didn’t want to build another $300 million prison with operating costs of $50 million per year. And given the state’s budget woes, sums of that magnitude for capital projects were essentially nonexistent.

With SB 91, sponsored by Sen. John Coghill, R-North Pole, the Legislature departed from the tough-on-crime model. Sentencing ranges were reduced, particularly for nonviolent offenses, and more latitude was given for alternatives to prison such as electronic monitoring while defendants awaited trial. In addition, restorative justice models and rehabilitation programs that have proved effective at reducing recidivism elsewhere were emphasized.

ADVERTISEMENT
0 seconds of 0 secondsVolume 0%
Press shift question mark to access a list of keyboard shortcuts
00:00
00:00
00:00
 

There have been legitimate frustrations with SB 91 since its passage. State lawyers and the public have chafed at reduced sentencing guidelines for the lowest class of felonies that allow some offenders to serve no prison time. And some feel punishment for minor property offenses is insufficient to break shoplifters of their kleptomania impulses before they become a habit. The Alaska Criminal Justice Commission has suggested 14 tweaks to the bill in response to those issues. The Legislature should take that recommendation seriously and use it as a model for revision to the law.

Calls to repeal the law entirely, however, are misguided. SB 91 was a bold attempt to improve criminal justice outcomes for Alaska. It may have been too bold in some areas, and in those areas, revisions are suitable. But the problems the bill addresses are serious and, left unaddressed, would do great harm to Alaska’s economy and its communities. The broader goals of the law deserve time for the bill’s effects to make themselves apparent.

—Fairbanks Daily News-Miner, Feb. 12, 2017

More in Opinion

Deena Bishop, commissioner of the Department of Education and Early Development, discusses the status of school districts’ finances during a press conference with Gov. Mike Dunleavy at the Alaska State Capitol on Thursday, April 17, 2025. (Jasz Garrett / Juneau Empire)
Opinion: The fight to improve public education has just begun

We owe our children more than what the system is currently offering

President Donald Trump and President Vladimir Putin of Russia at a joint news conference in Helsinki, Finland, July 16, 2018. (Doug Mills/The New York Times file photo)
Opinion: Mistaking flattery for respect

Flattery played a role in Trump’s One Big Beautiful Bill.

(Juneau Empire file photo)
Opinion: Life is harder when you outlive your support group

Long-time friends are more important than ever to help us cope, to remind us we are not alone and that others feel the same way.

Deven Mitchell is the executive director and chief executive officer of the Alaska Permanent Fund Corp. (Photo courtesy of the Alaska Permanent Fund Corp.)
Opinion: The key to a stronger fund: Diversification

Diversification is a means of stabilizing returns and mitigating risk.

A silver salmon is weighed at Three Bears in Kenai, Alaska. Evelyn McCoy, customer service PIC at Three Bears, looks on. (Photo by Jeff Helminiak/Peninsula Clarion)
Opinion: Will coho salmon be the next to disappear in the Kenai River?

Did we not learn anything from the disappearance of the kings from the Kenai River?

Jonathan Flora is a lifelong commercial fisherman and dockworker from Homer, Alaska.
Point of View: Not fishing for favors — Alaskans need basic health care access

We ask our elected officials to oppose this bill that puts our health and livelihoods in danger.

Alex Koplin. (courtesy photo)
Opinion: Public schools do much more than just teach the three Rs

Isn’t it worth spending the money to provide a quality education for each student that enters our schools?

Gov. Mike Dunleavy speaks to reporters at the Alaska State Capitol on Thursday, April 17, 2025. (Jasz Garrett / Juneau Empire file photo)
Letter to the Editor: Law enforcement officers helped ensure smooth, secure energy conference

Their visible commitment to public safety allowed attendees to focus fully on collaboration, learning, and the important conversations shaping our path forward.

Laurie Craig / Juneau Empire file photo
The present-day KTOO public broadcasting building, built in 1959 for the U.S. Army’s Alaska Communications System Signal Corps, is located on filled tidelands near Juneau’s subport. Today vehicles on Egan Drive pass by the concrete structure with satellite dishes on the roof that receive signals from NPR, PBS and other sources.
My Turn: Stand for the community radio, not culture war optics

Alaskans are different and we pride ourselves on that. If my vehicle… Continue reading

U.S. Sen. Dan Sullivan (R-Alaska) delivers his annual speech to the Alaska Legislature on Thursday, March 20, 2025. (Jasz Garrett / Juneau Empire file photo)
Opinion: Sullivan, Trump and the rule of lawlessness

In September 2023, U.S. Sen. Dan Sullivan established his own Alaska Federal… Continue reading

UAA Provost Denise Runge photographed outside the Administration and Humanities Building at the University of Alaskas Anchorage. (courtesy photo)
Opinion: UAA’s College of Health — Empowering Alaska’s future, one nurse at a time

At the University of Alaska Anchorage, we understand the health of our… Continue reading

U.S. Rep. Nick Begich III, R-Alaska, address a joint session of the Alaska Legislature on Thursday, Feb. 20, 2025. (Mark Sabbatini / Juneau Empire file photo)
Opinion: A noncongressman for Alaska?

It’s right to ask whether Nick Begich is a noncongressman for Alaska.… Continue reading

You're browsing in private mode.
Please sign in or subscribe to continue reading articles in this mode.

Peninsula Clarion relies on subscription revenue to provide local content for our readers.

Subscribe

Already a subscriber? Please sign in