02/21/2019 03:30 PM Senate STATE AFFAIRS

          SB  34-PROBATION; PAROLE; SENTENCES; CREDITS                                                                      
                                                                                                                                
3:46:13 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  34 "An                                                               
Act  relating  to  probation;  relating  to  a  program  allowing                                                               
probationers to  earn credits for  complying with  the conditions                                                               
of  probation;  relating  to   early  termination  of  probation;                                                               
relating to  parole; relating to  a program allowing  parolees to                                                               
earn  credits  for  complying  with  the  conditions  of  parole;                                                               
relating to early termination of  parole; relating to eligibility                                                               
for discretionary  parole; relating  to good time;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
He stated  that the bill is  sponsored by the Rules  Committee at                                                               
the  request of  the  governor.  This is  the  fifth hearing  and                                                               
public testimony  was taken and  is concluded. He noted  that the                                                               
proposed  committee substitute  (CS)  contains technical  changes                                                               
requested  by   Legislative  Legal  Services  and   an  amendment                                                               
requested by the Department of Law  (DOL). The intent is to adopt                                                               
the  CS, have  DOL and  the drafter  give an  explanation of  the                                                               
changes and answer questions, and  hold the bill in committee for                                                               
further consideration.                                                                                                          
                                                                                                                                
3:47:43 PM                                                                                                                    
SENATOR MICCICHE  moved to  adopt the  work draft  CS for  SB 34,                                                               
work order 31-GS1031\M, as the working document.                                                                                
                                                                                                                                
3:48:01 PM                                                                                                                    
CHAIR SHOWER objected  for discussion purposes. He  noted who was                                                               
available to answer questions and  asked Ms. Schroeder to come to                                                               
the table.                                                                                                                      
                                                                                                                                
3:48:40 PM                                                                                                                    
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law  (DOL), advised that the CS for  SB 34, version                                                               
M, contains changes requested by  DOL on behalf of the Department                                                               
of Corrections.                                                                                                                 
                                                                                                                                
Sections  9 and  10 amend  AS 33.16.090,  returning discretionary                                                               
parole  to  the  pre-Senate  Bill  91  law  and  moving  all  the                                                               
prohibitions to subsection (a).  The prohibition that was removed                                                               
from    subsection   (b)    is   the    new   language    in   AS                                                               
33.16.090(a)(1)(D).  The language  in  the  new subparagraph  (E)                                                               
clarifies  that a  prisoner who  is  not eligible  for good  time                                                               
deduction  from   their  sentence,  is  also   not  eligible  for                                                               
discretionary  parole.   The  prisoners  specifically   cited  as                                                               
ineligible are repeat  sex offenders or unclassified  and class A                                                               
sex offenders.                                                                                                                  
                                                                                                                                
Sections 13  and 14  amend AS 33.16.130,  fully reverting  to the                                                               
pre-Senate  Bill 91  language and  removing  timelines that  were                                                               
enacted  by Senate  Bill  91.  The original  bill  was a  partial                                                               
reversion.  The  CS  also  removes  a section  that  was  in  the                                                               
original bill that  required people to be on parole  for at least                                                               
one year.  That section  will remain in  statute in  its existing                                                               
form. Corresponding  to that, the language  in AS 33.16.210(c)(1)                                                               
on page 10,  line 18, is retained. It requires  a parolee to have                                                               
completed at  least one  year on parole  before a  parole officer                                                               
may  recommend  them  for  early  discharge.  The  original  bill                                                               
deleted that language.                                                                                                          
                                                                                                                                
Section 17  reinserts language that  was deleted in  the original                                                               
bill.  It gives  the  parole  board the  authority  to toll  when                                                               
somebody  is in  violation status.  Their parole  time would  not                                                               
continue  to  run  throughout  the term  they  are  in  violation                                                               
status. This is consistent with the way probation is done.                                                                      
                                                                                                                                
3:53:01 PM                                                                                                                    
CHAIR SHOWER  asked if there  were questions,  particularly about                                                               
the provisions that were not in the original bill.                                                                              
                                                                                                                                
SENATOR  MICCICHE  asked  if  the  changes  in  Section  22  were                                                               
conforming.                                                                                                                     
                                                                                                                                
MS. SCHROEDER  said Section  22 is the  repealer section  and the                                                               
only  change DOL  requested  was  to remove  a  statute that  was                                                               
included  in error.  AS  33.16.090(b)(2) was  also  added to  the                                                               
repealer section because  of the first change  she described that                                                               
places  all  the  prohibitions for  discretionary  parole  in  AS                                                               
33.16.090(a).                                                                                                                   
                                                                                                                                
SENATOR MICCICHE  asked if  she would update  the bill  matrix to                                                               
reflect the changes and provide it to the chair for reposting.                                                                  
                                                                                                                                
MS. SCHROEDER agreed.                                                                                                           
                                                                                                                                
CHAIR SHOWER asked  the drafting attorney if she  had anything to                                                               
add.                                                                                                                            
                                                                                                                                
3:55:25 PM                                                                                                                    
CLAIRE   RADFORD,    Attorney,   Legislative    Legal   Services,                                                               
Legislative  Affairs Agency,  Alaska  State Legislature,  Juneau,                                                               
advised that Section  7 was added to update  the cross references                                                               
as a result of the renumbering in Section 6.                                                                                    
                                                                                                                                
CHAIR SHOWER asked her to walk through the cross references.                                                                    
                                                                                                                                
MS. RADFORD  explained that in  Section 6, AS  33.05.040(a)(4) is                                                               
repealed and  the subsequent  paragraphs are  renumbered. Because                                                               
(a)(5) was  cross referenced  in AS  33.05.040(b), Section  7 was                                                               
added to reflect that it is now (a)(4).                                                                                         
                                                                                                                                
CHAIR SHOWER asked Mr. Edwards if he had anything to add.                                                                       
                                                                                                                                
3:56:55 PM                                                                                                                    
JEFFREY  EDWARDS, Executive  Director,  Alaska  Board of  Parole,                                                               
said not at this time.                                                                                                          
                                                                                                                                
CHAIR   SHOWER  removed   his  objection.   Finding  no   further                                                               
objection, he announced that version M was adopted.                                                                             
                                                                                                                                
CHAIR SHOWER held SB 34 in committee.