Legislature(1995 - 1996)
04/11/1996 08:20 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 2
"An Act allowing courts to require certain offenders as
7
a special condition of probation to complete a boot
camp program provided by the Department of Corrections;
making prisoners who complete the boot camp program
eligible for discretionary parole; providing for
incarceration of certain nonviolent offenders in boot
camps operated by the Department of Corrections;
allowing the Department of Corrections to contract with
a person for an alternative boot camp program; creating
the Boot Camp Advisory Board in the Department of
Corrections; and providing for an effective date."
REPRESENTATIVE ED WILLIS, sponsor of HB 2, spoke in support
of the legislation. He noted that the legislation was first
introduced in 1993. He asserted that HB 2 addresses the
needs of the Department of Corrections with regard to the
proposed program. He maintained that placing nonviolent
felony or misdemeanor offenders in a prison setting is not
the best way to accomplish rehabilitation of the offender.
He maintained that providing an alternative to prison time
and an opportunity to learn discipline and acceptable
behavior will offer these offenders a chance to avoid
further encounters with the law.
Representative Willis noted that HB 2 would offer boot camp
as an alternative program for convicted felons or
misdemeanant under the age of 26. Individuals convicted of
crimes such as homicide, assault, kidnapping, sexual
offenses, and offenses involving the use of a deadly weapon
would not be eligible for this option. The emphasis is on
nonviolent offenders. The Department of Corrections has
requested that the maximum age limit be raised to 30 years.
Representative Willis noted that at least 24 states, in
addition to the federal government, operate boot camp
programs. Each state offers the program to different
groups. For example, in 1993 Virginia's program was limited
to nonviolent male felony offenders 24 years of age or under
and did not allow felons convicted of murder, manslaughter,
kidnapping, sexual assault, etc., to participate in the
program. Massachusetts' program, in 1993, was for male
offenders under the age of 40. In recent testimony before
committees in the United States Congress, Kathleen Hawk of
the Department of Justice mentioned that as of 30 September
1994, over one thousand federal inmates had graduated from
the federal Intensive Confinement Center/boot camp program.
Representative Willis emphasized that the Department has
revised its 1995 fiscal note to zero due to the possibility
of federal funds for both construction and operating costs.
Savings from this legislation could be seen within two to
three years. The program involves intensive staff time and
follow-up through parole and probation. He maintained that
8
the expenditures are well spent if offenders learn how to
structure their lives and recidivism is reduced. He
stressed that a boot camp program has the potential of
providing many long-term benefits.
Representative Brown noted that the Committee was provided
with a proposed committee substitute, Work Draft 9-LS0016\M,
dated 4/10/96 (copy on file). She observed that the
proposed committee substitute would provide for the
operation of a boot camp from July 1, 1996 to June 30, 1997.
Representative Willis observed that the time frame may not
be sufficient.
Representative Brown pointed out that fiscal funds are
anticipated in the federal fiscal year 1996.
BILL PARKER, DEPUTY COMMISSIONER, DEPARTMENT OF CORRECTIONS
anticipated that the program would be implemented with
federal funds. He did not know if the time frame could be
met.
Co-Chair Hanley observed that no general fund match is
requested. Mr. Parker stated that the Department
anticipates that the campus and buildings provided by the
State will be counted as the match.
Representative Mulder noted that the proposed committee
substitute is drafted so that if the federal government does
require a cash match that the State would not participate.
He noted that the Department received a $50.0 thousand
dollar federal grant to study the proposal.
Representative Mulder referred to page 2, lines 18 - 21. He
noted that regulations must include provisions requiring
prisoners to reimburse the Department for the costs of
participating in the boot camp program. Representative
Willis clarified that the program is voluntary. Mr. Parker
noted that prisoners who complete the program will be
eligible for parole earlier.
Representative Martin questioned if there would be many
volunteers. Mr. Parker noted that 50 prisoners could
participate. He acknowledged the percentage of indigent
prisoners. The cost of the program would be approximately
$85 dollars a day. He observed that regulations have not
been drafted. He agreed that most inmates could not afford
the program. Representative Kelly stressed that family
support may be possible. He spoke in support of the
program.
Co-Chair Hanley questioned if other state's charge for
participation in boot camp programs.
9
Representative Brown noted that inmates are currently
charged for medical services in halfway houses. She
suggested that "must" be changed to "may" and the Department
be allowed to setup a system for reimbursement.
Representative Mulder agreed that the program should be
financially supported. He noted that families may be
willing to pay some cost. He stressed that the total amount
would too much for must families. He spoke in support of
the requirement that a reasonable portion of the cost be
reimbursed. Representative Kelly emphasized that the cost
should be reasonable so that inmates are not discouraged
from participation.
Representative Martin stated that the program would be more
costly than incarceration in other facilities.
Representative Willis stressed that savings will be realized
through the transfer from hard to soft beds. He added that
sentences will be shorted as a result of the program.
Representative Therriault stressed that the program will
help to rehabilitate inmates. Representative Mulder stated
that the program will be a cost avoidance measure if inmates
are rehabilitated and do not reenter the system. He agreed
that the per day cost per inmate will be greater.
Representative Mulder MOVED to adopt Work Draft 9-LS0016\M,
dated 4/10/96. There being NO OBJECTION, it was so ordered.
Representative Brown MOVED to delete "must" and insert "may"
on page 2, line 19; and insert a "portion of" on page 2,
line 20. She explained that the amendment would
acknowledged that it is not reasonable for inmates to pay
the entire cost of the program, but that some reasonable
charge is appropriate.
Representative Therriault suggested that the change from
"must" to "may" was unnecessary. Representative Brown MOVED
to AMEND Amendment 1 by deleting the change from "must" to
"may". There being NO OBJECTION, it was so ordered.
Representative Martin observed that a portion can vary. He
expressed concern with the requirement to charge for the
program.
Representative Brown noted that the Department "shall" adopt
regulations. She stressed the time needed to adopt
regulations. She asked if regulations are necessary for
implementation of a fee schedule. She stated that the
adoption of regulations could take at least 6 to 8 months.
She noted that the Department can operate if there is
10
statutory authority. Co-Chair Hanley added that regulations
would not be needed if payments are not required.
Representative Brown stressed that the most expedient way to
allow the Department to implement a pilot program would be
to state that the commissioner "may" adopt regulations and
that regulations "may" include charges.
Representative Brown WITHDREW her motion to amend HB 2.
Representative Mulder suggested that the completion dated be
changed to September 30, 1997 to match the federal fiscal
year on page 2, line 14 and page 3, line 17.
Representative Mulder MOVED to delete "June 30, 1997" and
insert "September 30, 1997" on page 2, line 14 and page 3,
line 17. Representative Brown spoke in support of a longer
extension. She added that the legislation could be subject
to the availability of federal funds. She maintained that
as long as the federal government is providing funding the
project should be fully developed. She observed that
renovations at the Wildwood Correctional Facility will cost
$2.0 million dollars. She suggested that the program be
tied to the availability of federal dollars and no limit or
a five year limit be added.
(Tape Change, HFC 96-112, Side 1)
Co-Chair Hanley noted that a conceptional amendment was
needed. He stressed that the intent is that the program be
implemented only if federal funds are available for the
entire program, including capital and operational costs.
Representative Willis noted that the Department has
requested that the age limit be changed from 26 to 30 years.
Representative Kohring spoke in support of the legislation.
He noted that permanent fund dividend payments could be
attached to pay for part of an inmates participation in the
program. He noted that previous programs have been
successful in Alaska. He agreed that federal funding is
critical.
Representative Brown emphasized that the legislation should
not preclude future opportunities. She suggested that the
legislature should be able to consider making an
appropriation.
Co-Chair Hanley spoke against the appropriation of general
funds. Representative Brown spoke in support of a 3 to 5
year sunset. She added that the legislation could be
11
subject to federal funds or a specific general fund
appropriation. She observed that prisoner payments could
provide the state match. She spoke in support of the
program. She maintained that one year is too short.
Mr. Parker stated that the Department now anticipates that
the federal government will provide capital and operational
costs.
Representative Mulder asked if the boot camp must be located
in a state correctional facility. He emphasized the
increased cost of a correctional facility. Mr. Parker felt
that the facility would have to be part of the correctional
system. He noted that the Department intends to locate the
camp in buildings outside of the fence at the Wildwood
Correctional Facility. He did not know if federal
guidelines require the camps to be a correctional facility.
Representative Brown pointed out that halfway houses are
correctional facilities under contract. The bill provides
for contract of operations on page 2, subsection (f).
HB 2 was HELD in Committee for further consideration.
| Document Name | Date/Time | Subjects |
|---|