Legislature(1995 - 1996)

02/14/1996 09:10 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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       HOUSE BILL NO. 38                                                       
       "An Act  relating to  criminal sentencing;  relating to                 
  the  availability  for   good  time  credit   for  offenders                 
  convicted of   certain  first  degree  murders; relating  to                 
  mandatory life      imprisonment, parole, good  time credit,                 
  pardon, commutation      of   sentence,    modification   or                 
  reduction of sentence, reprieve,   furlough, and service  of                 
  sentence at a correctional    restitution     center     for                 
  offenders with at least three      s e r i o u s f e l o n y                 
  convictions; and amending Alaska Rule of                                     
  CriminalProcedure 35."                                                       
                                                                               
  Representative Con Bunde was invited  to join the committee.                 
  Co-chairman Halford advised that amendment #1 was previously                 
  adopted and that amendments #2, 3 and 4 would be reviewed.                   
                                                                               
  Senator  Zharoff  called  attention  to  a letter  from  the                 
  Department of  Law correcting  their position   on  the bill                 
  that  they  neither  support  nor  oppose HB  38.    Senator                 
  Phillips appreciated letter from Anne Carpeneti.                             
                                                                               
  Senator Donley referred to amendment #4 and the existing law                 
  requiring mandatory  ninety-nine  year  sentences  for  very                 
  serious classes of  homicide.   This amendment would  extend                 
  the  prohibition  on  good time  to  those  crimes currently                 
  subject  to   the  mandatory   ninety-nine   year  term   of                 
  imprisonment.  An ascending level of punishment must be kept                 
  for more serious crimes and homicide  ought to have the most                 
  serious level of punishment in the statutes.                                 
                                                                               
  Senator Rieger commented on release  under furlough and what                 
  types exist.   Senator Donley  stated there is  furlough for                 
  personal family matters,  the early furlough  program, death                 
  in the family; furlough also refers  to when the prisons are                 
  overcrowded  and  they decide  to  let someone  loose early.                 
  This is  a special  classification not  relevant to  parole,                 
  probation, mandatory  or discretionary  parole.   This is  a                 
  creative way to free up room in the prisons.                                 
                                                                               
                                                                               
  Representative  Bunde  advised  furlough   only  applies  to                 
  medical, family visitation or funeral and  furloughed person                 
  would be accompanied by a corrections  officer.  In cases of                 
  murder there is no furlough.  Discussed "good time".                         
                                                                               
  Senator Rieger referenced the medical  furlough and when the                 
  measure was pushed through so federal  funds could be picked                 
  up for medical care and doesn't want to catch something here                 
  that will cost the State a lot of money.                                     
                                                                               
  Senator Donley stated  that his  amendment #4 just  conforms                 
  this to  the prohibition  on any  type of  furlough for  the                 
  third  strike bill.  Someone who falls  in this  category is                 
  banned from any type of furlough.                                            
                                                                               
  Representative  Bunde  commented  that   there  is  furlough                 
  allowed  but  they  must  be  accompanied by  a  corrections                 
  office.                                                                      
                                                                               
  Senator  Frank  asked  for  further  clarification  on  this                 
  amendment.    Senator  Donley  stated  that any  third  time                 
  offender who falls under this bill would not be eligible for                 
  furloughs or good time.  This would include anyone under the                 
  ninety-nine year  mandatory homicide statute also.   Senator                 
  Sharp also commented  on the amendment regarding  good time.                 
  Co-chairman Halford concurred  and stated there would  be no                 
  fiscal impact on this amendment.  He also voiced his concern                 
  that  no    administration  would  try  to  furlough  people                 
  convicted of the worst aggravated murder.                                    
                                                                               
  Representative Bunde  also concurred  and felt  amendment #4                 
  did not fall out of the scope of the bill.                                   
                                                                               
  Co-chairman and Senator Phillips  discussed Senator Rieger's                 
  comments on  medical furlough and  the costs.    Co-chairman                 
  Frank  also  voiced concern  over  release  of  a long  term                 
  prisoner  with terminal illness and  then they could pay for                 
  their own medical.                                                           
                                                                               
  Co-chairman Halford advised that WITHOUT OBJECTION amendment                 
  CS.                                                                          
                                                                               
  Senator Donley introduced amendment #3  and his concern over                 
  "good  time" for multiple offenders. A reoffender can be put                 
  back in for the term of their probation or any discretionary                 
  parole period but  they don't  lose their good  time.   This                 
  bill will take away  good time between the second  and third                 
  offense.                                                                     
                                                                               
  Representative Bunde commented that "good time" only applies                 
  after you are  the third time  loser.  A second  time felony                 
  offender could still get  out on good time.   Senator Donley                 
  advised  that the amendment  #3 provided that  a second time                 
                                                                               
                                                                               
  felony  offender  would  lose  good  time earned  for  first                 
  offense.  Senator Phillips agreed.                                           
                                                                               
  Senator Frank  asked if second offense would  generally be a                 
  presumptive  sentence  and  Senator Donley  advised  that  a                 
  second felony offense  would be.   The judge  would have  no                 
  discretion in the sentence other than  with aggravators.  He                 
  would  have flexibility  in  dealing with  how  much of  the                 
  former mandatory  and  discretionary parole  that  could  be                 
  reinstated.  An  offender under this amendment would have to                 
  go back  and serve any good  time earned in addition  to the                 
  sentence.     Senators  Donley  and  Phillips   discussed  a                 
  hypothetical armed robbery and how  under this amendment the                 
  "good time" earned for the second  stretch would be lost and                 
  the offender would have to  go back and serve any  good time                 
  earned on the  first offense.   A judge  would be  prevented                 
  from running this concurrent with the sentence imposed.                      
                                                                               
  Representative  Bunde voiced  concern in  protection of  the                 
  public and what can be afforded.   This amendment would have                 
  significant fiscal impact.  The  idea is laudable but  would                 
  prefer that it be drawn as a  separate bill.  He agreed with                 
  Senator Phillips that the concept of his  bill is to lock up                 
  the offender but doesn't feel that  locking up a second time                 
  felony offender for an additional  three years, earned "good                 
  time", would serve as  a detriment.  Would rather  achieve a                 
  bill for the worst predators that is still affordable.                       
                                                                               
  Senator Donley  called to  the attention  of his  colleagues                 
  that we are  faced with  a federal mandate  that states  are                 
  complying with for truth in  sentencing, which requires that                 
  an  85%  standard  be adopted.    States  not  adopting this                 
  standard will lose  federal funds.  Our  liberal "good time"                 
  provision   would   not    comply   with   this    standard.                 
  Representative Bunde agreed  that this was a  good amendment                 
  and would support a new bill.                                                
                                                                               
  Senator Phillips commented  on the  fiscal impact and  would                 
  this kill the bill.    Representative Bunde advised  that he                 
  made a number of compromises that he would  not have made if                 
  not concerned about the fiscal  impact.  Co-chairman Halford                 
  will defer to the sponsor.                                                   
                                                                               
  Senator Zharoff voiced concern in keeping  the criminals off                 
  the street and  that by imposing  service of "good time"  on                 
  second  felony offense this would  keep the offender off the                 
  street long enough  so they would not commit the same  crime                 
  again.   Representative  Bunde  concurs  with  the  premise.                 
  Department of  Corrections is  constitutionally required  to                 
  rehabilitate people and "good time" is  used as a reward for                 
  rehabilitation.   "Good  time" keeps    convicts  reasonably                 
  happy and something  to work  towards.  The  fiscal drag  of                 
  including this amendment  will keep  the three strikes  bill                 
  from passing.  However, Senator Zharoff felt that keeping an                 
                                                                               
                                                                               
  offender in for a longer period of time would mean that upon                 
  release they would be in an older age group  and therefore a                 
  lessor   potential   of    committing   a   third   offense.                 
  Representative Bunde agreed  but would  rather see the  good                 
  pass  now  than  wait  for  the  perfect which  may  not  be                 
  possible.                                                                    
                                                                               
  Upon a vote taken amendment #3 FAILED ADOPTION.                              
                                                                               
  Senator Donley introduced amendment #2. The maximum monetary                 
  penalty for murder is $500,000.   Under Alaska State law the                 
  maximum is only $75,000.  Under the amendment class A felony                 
  should  be $250,000  and  $500,000  for  homicide.   We  are                 
  severely  under the     Federal standards and  courts should                 
  have  the  discretion  to  issue these  kinds  of  fines  if                 
  appropriate  in these serious  cases.   Representative Bunde                 
  agreed with the  goal but not the vehicle.   It goes outside                 
  the scope of the basic three strikes bill.  The gain  is not                 
  worth the challenge  to the  bill.  Would  support a  second                 
  bill on this matter.                                                         
                                                                               
  Senator Halford inquired as  to if a fine proposal  was ever                 
  received from  the Court System.   Senator Rieger  stated he                 
  would be  happy to work  with Senator Donley on  a day fines                 
  bill that he  has in subcommittee  to see if some  penalties                 
  can be drafted that make some sense.                                         
                                                                               
  Senator Donley WITHDRAWS  amendment #2 pending  consultation                 
  with the  prosecutors.  The  bill is discretionary  and only                 
  gives judges more options.                                                   
                                                                               
  Senator  Sharp  MOVES  SCSCSHB  38  (FIN)  as  amended  with                 
  accompanying fiscal notes with individual recommendations.                   
                                                                               
  Senator  Donley  commented  on  discrepancy  between  public                 
  defender and prosecutor  fiscal notes.  He had  no objection                 
  to moving the  bill and Co-chairman Halford agreed.  Senator                 
  Donley felt it  would be important  to talk to the  criminal                 
  justice folks; specifically in Bethel  there is a full  time                 
  public   defender  but   the   prosecutor   just  flies   in                 
  occasionally.  A serious need for additional prosecutors was                 
  indicated.  This also included Kotzebue.  Appropriate fiscal                 
  notes  would  help  deal  with  this imbalance  between  the                 
  prosecutors and the defense.   Co-chairman Halford stated he                 
  was willing  to changing  the recommendation  on the  fiscal                 
  notes.  Senator Frank  commented on how this money  could be                 
  allocated  between  OPA  and  the  Public  Defender.    Some                 
  discussion was held regarding possible allocations.  Senator                 
  Rieger  inquired   would  there  be  a  slow   down  on  the                 
  calendaring of trials because of the budget.  Senator Donley                 
  again referred to the collateral attacks as discussed at the                 
  last hearing.  Senator Frank commented on the possibility of                 
  limiting  the use  of  funds to  look at  prior convictions.                 
  Senator  Donley said  that he  was  still looking  into this                 
                                                                               
                                                                               
  matter.                                                                      
                                                                               
  Co-chairman  Halford stated   that there  was a  proposal to                 
  amend the fiscal notes splitting an equal amount between the                 
  public defenders  and the  public advocates.   NO  OBJECTION                 
  being heard SCSCSHB 38 (FIN) with individual recommendations                 
  and  modifications  to the  fiscal  notes was  MOVED  out of                 
  committee.                                                                   
                                                                               

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