Legislature(2011 - 2012)HOUSE FINANCE 519

04/03/2012 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 276 OIL/GAS PRODUCTION TAX CREDITS: NENANA TELECONFERENCED
Scheduled But Not Heard
+ HB 310 STATE IMMUNIZATION PROGRAM TELECONFERENCED
Moved CSHB 310(FIN) Out of Committee
+ HB 296 CRIME OF ESCAPE/DEF. OF CORRECT. FACILITY TELECONFERENCED
Moved CSHB 296(JUD) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 330 STATE EDUCATION STANDARDS TELECONFERENCED
Heard & Held
HOUSE BILL NO. 296                                                                                                            
                                                                                                                                
     "An Act  relating to service  of process  on prisoners;                                                                    
     relating  to  the  crime of  escape;  relating  to  the                                                                    
     definition  of 'correctional  facility'; amending  Rule                                                                    
     4, Alaska  Rules of Civil Procedure;  and providing for                                                                    
     an effective date."                                                                                                        
                                                                                                                                
3:49:25 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze  referred to a question  about clarity from                                                                    
the Department of Corrections. He  had asked for a letter on                                                                    
position that had not been provided.                                                                                            
                                                                                                                                
CARMEN   GUTIERREZ,  DEPUTY   COMMISSIONER,  DEPARTMENT   OF                                                                    
CORRECTIONS (via  teleconference), commented on the  work of                                                                    
the department with the Department  of Law on the definition                                                                    
of "secure confinement."                                                                                                        
                                                                                                                                
3:51:10 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
3:51:23 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Stoltze queried DOC's position on the bill.                                                                            
                                                                                                                                
Ms. Gutierrez  replied that the  department had  worked with                                                                    
Department  of Law  on a  definition of  secure confinement.                                                                    
The department was neutral on its position on the bill.                                                                         
                                                                                                                                
Co-Chair Stoltze asked Ms. Gutierrez to proceed.                                                                                
                                                                                                                                
Ms. Gutierrez  continued to explain that  the department had                                                                    
worked with DOL  on a definition of  secure confinement. She                                                                    
remarked that the purpose of  determining the definition was                                                                    
to ensure  that the statute  was in  line with the  Court of                                                                    
Appeals recent  decision in  the Bridge  v. State  case. She                                                                    
stated  that  DOC  had  no   position  with  regard  to  the                                                                    
classification    of   a    misdemeanor   offender    as   a                                                                    
"misdemeanant" if  he or she  should walk away from  a half-                                                                    
way house or community  residential center. She stressed the                                                                    
recognition of  the cost to  the state when  individuals are                                                                    
prosecuted for felony offenses for that kind of conduct.                                                                        
                                                                                                                                
3:55:39 PM                                                                                                                    
                                                                                                                                
Co-Chair Stoltze asked how DOC  became involved in the bill.                                                                    
Ms.  Gutierrez  explained  that the  department  had  become                                                                    
involved when  it had heard  about the definition  of secure                                                                    
confinement,  so   DOC  had  wanted   to  ensure   that  the                                                                    
definition would do what was intended.                                                                                          
                                                                                                                                
Co-Chair Stoltze  surmised that he  department's involvement                                                                    
was that it ensured that the legal requirements were met.                                                                       
                                                                                                                                
Representative Gara  asked about a  case - Bridge v  State -                                                                    
he wondered about the ruling.  Ms. Gutierrez replied that if                                                                    
a misdemeanant walked  away from a half-way house,  it was a                                                                    
class A misdemeanor offense.                                                                                                    
                                                                                                                                
Co-Chair Stoltze  asked whether  the term  "security guards"                                                                    
were used in half-way houses.                                                                                                   
                                                                                                                                
REPRESENTATIVE MAX  GRUENBERG, SPONSOR, requested  that Anne                                                                    
Carpeneti come forward.                                                                                                         
                                                                                                                                
Co-Chair  Stoltze  wondered  if the  personnel  at  half-way                                                                    
houses were considered "security  guards." He stated that at                                                                    
correctional   facilities   it   was  pejorative   to   call                                                                    
correctional officers "guards."                                                                                                 
                                                                                                                                
Ms.  Gutierrez replied  that the  Department of  Corrections                                                                    
staff was referred to as "correctional officers."                                                                               
                                                                                                                                
Ms.  Gutierrez  spoke in  high  regard  of the  correctional                                                                    
officers. The  goal of  the statute was  to ensure  that the                                                                    
halfway  houses   or  community  residential   centers  were                                                                    
distinguished as secured correctional facilities.                                                                               
                                                                                                                                
4:00:40 PM                                                                                                                    
                                                                                                                                
ANNE CARPENETI,  ASSISTANT ATTORNEY GENERAL,  LEGAL SERVICES                                                                    
SECTION-JUNEAU,  CRIMINAL   DIVISION,  DEPARTMENT   OF  LAW,                                                                    
explained how the  issue had evolved. The  Department of Law                                                                    
wanted to  ensure that  the definition  applied only  to the                                                                    
statute.                                                                                                                        
                                                                                                                                
Representative Wilson asked  whether the department believed                                                                    
that there  would not  be more  prisoners walking  away from                                                                    
the facilities. Ms. Gutierrez  believed that prior testimony                                                                    
had  explained  it  would  be  a case  by  case  basis.  The                                                                    
department  did not  know whether  the bill  would affect  a                                                                    
prisoner's decision to walk away from a half-way house.                                                                         
                                                                                                                                
Co-Chair  Stoltze  was  frustrated that  the  Department  of                                                                    
Corrections did not  have an official position  on the bill.                                                                    
He remarked that he was  not comfortable moving the bill out                                                                    
of the committee.                                                                                                               
                                                                                                                                
Vice-chair Fairclough discussed the fiscal notes.                                                                               
                                                                                                                                
Representative  Gara   moved  to  make  the   Department  of                                                                    
Administration fiscal note a zero fiscal not.                                                                                   
                                                                                                                                
Co-Chair Stoltze  objected, and  felt that  an indeterminate                                                                    
fiscal note was better than a zero fiscal note.                                                                                 
                                                                                                                                
Vice-chair Fairclough  MOVED to report CSHB  296(JUD) out of                                                                    
committee   with   individual    recommendations   and   the                                                                    
accompanying fiscal notes. There  being NO OBJECTION, it was                                                                    
so ordered.                                                                                                                     
                                                                                                                                
CSHB  296(JUD)  was  REPORTED  out  of  committee  with  "no                                                                    
recommendation" and with  one new zero fiscal  note from the                                                                    
Department  of  Law  and  two  previously  published  fiscal                                                                    
notes: FN1 (DOC), FN3 (DOA).                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects
HB310 Support Letters.pdf HFIN 4/3/2012 1:30:00 PM
HB 310
09 - HB 310 support letter Alaska Commission on Aging.pdf HFIN 4/3/2012 1:30:00 PM
HB 310
03 - HB 310 Leg Legal sectional analysis 37-LS1273.A.pdf HFIN 4/3/2012 1:30:00 PM
HB 310
02 - CS HB 310 (HSS) sponsor statement 27-LS1273.M.pdf HFIN 4/3/2012 1:30:00 PM
HB 310
05 - Alaska Health Care Commission 2011 Report exerpt.pdf HFIN 4/3/2012 1:30:00 PM
HB 310
4.5 - DHSSdph Epidemiology Bulletin 2010.10.19.pdf HFIN 4/3/2012 1:30:00 PM
HB 310
04 - DHSSdph Epidemiology Bulletin 2010.10.06.pdf HFIN 4/3/2012 1:30:00 PM
HB 310
HB310 CS WORKDRAFT 27-LS1273-I.pdf HFIN 4/3/2012 1:30:00 PM
HB 310
HB330 Amendments 1-2 Stoltze Gara.pdf HFIN 4/3/2012 1:30:00 PM
HB 330
CS HB 330 sponsor statement Version O 040312.pdf HFIN 4/3/2012 1:30:00 PM
HB 330
CS HB 330 sectional analysis Version O 040312.pdf HFIN 4/3/2012 1:30:00 PM
HB 330
CS HB 330 differences between EDC and FIN Version O 040312.pdf HFIN 4/3/2012 1:30:00 PM
HB 330
HB330 CS WORKDRAFT 27-LS110-O.pdf HFIN 4/3/2012 1:30:00 PM
HB 330