Legislature(2007 - 2008)BELTZ 211

03/13/2008 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 153 PEACE OFFICERS/FIRE FIGHTER RETIREMENT TELECONFERENCED
Heard & Held
+ HB 296 EXTENDING BOARD OF PAROLE TELECONFERENCED
Moved HB 296 Out of Committee
+ HB 286 IMPERSONATING A PUBLIC SERVANT TELECONFERENCED
Moved HB 286 Out of Committee
+ HB 88 TVS AND MONITORS IN MOTOR VEHICLES TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 284 PFD ALLOWABLE ABSENCE: FELLOWSHIPS
Moved CSHB 284(FIN) Out of Committee
                HB 296-EXTENDING BOARD OF PAROLE                                                                            
                                                                                                                                
CHAIR MCGUIRE announced the consideration of HB 296.                                                                            
                                                                                                                                
10:04:42 AM                                                                                                                   
MICHAEL  SICA, Staff  to  Representative Bob  Lynn,  said HB  296                                                               
extends  the  Board  of  Parole   for  another  eight  years,  as                                                               
recommended in the legislative audit report.                                                                                    
                                                                                                                                
SENATOR FRENCH requested a description of what the board does.                                                                  
                                                                                                                                
MR.  SICA  said its  primary  responsibilities  are to  determine                                                               
prisoner  suitability   for  discretionary  parole   and  setting                                                               
conditions for that. They also hold revocation hearings.                                                                        
                                                                                                                                
KATHY  MATSUMOTO,  Executive  Director, State  Board  of  Parole,                                                               
Anchorage,  said  the  board  has about  1,200  cases  on  active                                                               
supervision at any  given time. There were 497  hearings, and the                                                               
board set mandatory  parole conditions for 800  offenders who are                                                               
released  into supervision.  The  board sees  quite  a number  of                                                               
people who  are incarcerated  and who  request an  early release.                                                               
Those hearings are  conducted throughout the state,  and some are                                                               
conducted electronically  because the board can't  always travel.                                                               
The  five  members of  the  board  are  very busy.  They  conduct                                                               
preliminary  hearings for  those  on parole  supervision who  get                                                               
arrested and consider  if they need to be  incarcerated pending a                                                               
final hearing,  or if  there are any  options for  releasing them                                                               
back into the community. The board  has a lot of contact with the                                                               
Department  of Corrections  and  victim groups.  The board  works                                                               
with transition programs  to help offenders stay out  of jail. It                                                               
has  an active  role in  helping protect  the public  and working                                                               
with offenders to make them productive citizens.                                                                                
                                                                                                                                
10:09:06 AM                                                                                                                   
SENATOR  FRENCH asked  what  percentage  of discretionary  parole                                                               
requests the board grants.                                                                                                      
                                                                                                                                
MS. MATSUMOTO  said last  year it  was 57, or  40 percent  of the                                                               
people seen by the board.                                                                                                       
                                                                                                                                
SENATOR FRENCH asked  if only 110 people  asked for discretionary                                                               
parole release and 57 were granted.                                                                                             
                                                                                                                                
MS.  MATSUMOTO  said the  board  saw  about 140  individuals  and                                                               
granted parole to  40 percent and denied it to  46 percent. There                                                               
are some who the board was not prepared to make a decision on.                                                                  
                                                                                                                                
CHAIR MCGUIRE asked about parole at the federal level.                                                                          
                                                                                                                                
SENATOR  FRENCH   said  it   may  be  that   a  person   can  win                                                               
discretionary parole in  the federal system. Why is  there such a                                                               
high rate of  discretionary parole? He noted  recent incidents of                                                               
people released  and committing other  crimes, and  the community                                                               
has zero  tolerance for that.  He acknowledged that the  board is                                                               
under a  mandate to  look closely at  each set  of circumstances,                                                               
but "folks  in my  community are hostile  to individuals  who get                                                               
out of prison and then commit another crime."                                                                                   
                                                                                                                                
10:11:36 AM                                                                                                                   
MICHAEL STARK,  State Board of Parole,  Juneau AK, said he  is in                                                               
Fairbanks at  a board meeting. Discretionary  parole hearings are                                                               
only  a small  part  of  the board's  duties.  They  are only  28                                                               
percent  of  the hearings  that  the  board conducts.  There  are                                                               
probably hundreds of  prisoners who are eligible  for parole that                                                               
don't  bother applying  because  they don't  believe  it will  be                                                               
granted. "And in most cases,  they're probably right." It is only                                                               
those  with  the   most  promising  records  that   even  seek  a                                                               
discretionary  parole, although  there are  exceptions and  those                                                               
are denied  by the board. Parole  is granted to persons  with the                                                               
most  impressive  records   and  are  very  good   risks  in  the                                                               
community. That  is borne out  because only a very  small handful                                                               
of  discretionary parolees  commit  crimes. Technical  violations                                                               
are  more  frequent.   The  board  has  the   same  concern  that                                                               
constituents have; the board feels  that its client is the people                                                               
of Alaska,  and its primary  obligation is the protection  of the                                                               
public,  and   secondarily  it  wants  to   assist  offenders  in                                                               
succeeding in the community. Almost  all offenders are out in the                                                               
community eventually,  "and we want  to make sure that  they have                                                               
the tools to succeed."                                                                                                          
                                                                                                                                
10:14:00 AM                                                                                                                   
SENATOR FRENCH asked about success rates.                                                                                       
                                                                                                                                
PAT DAVIDSON,  Division of Legislative Audit,  Juneau, said there                                                               
was a review  and the report is in the  packet. The review looked                                                               
at  the  risk factors  that  the  parole  board uses  for  making                                                               
decisions  and  tested those  based  on  parole revocations.  For                                                               
people with  the lowest category  of risk, the board  granted the                                                               
highest percentage  of paroles. The  highest risk got  the lowest                                                               
percentage  of  discretionary   paroles.  Running  those  numbers                                                               
against parole revocations,  "we saw the correlation  that we had                                                               
hoped to see." Those with the  lowest risk had the lowest rate of                                                               
revocations.   There  was   not  a   sufficient  apples-to-apples                                                               
comparison  when trying  to compare  the revocation  rate between                                                               
discretionary  parolees  and  mandatory  parolees.  The  evidence                                                               
suggests  that discretionary  parole revocation  rates are  lower                                                               
than  those with  mandatory parole.  The audit  report asked  the                                                               
board to put out more information  so that the public can see it.                                                               
The board concurred with that recommendation.                                                                                   
                                                                                                                                
10:17:08 AM                                                                                                                   
SENATOR  BUNDE said  it  seems logical.  The  board cherry  picks                                                               
those with the greatest potential of rehabilitation.                                                                            
                                                                                                                                
MR.  STARK said  anyone  who  gets a  sentence  of  two years  or                                                               
longer,  except   repeat  sex  offenders,  gets   out  on  parole                                                               
automatically for the  amount of good time that  they have earned                                                               
- a third  off for good time  for those who follow  the rules. So                                                               
they are  supervised on mandatory  parole for the amount  of good                                                               
time they  have earned,  and the  board has no  say in  that, and                                                               
they  are much  more  likely  to violate  their  parole than  the                                                               
discretionary parolees.                                                                                                         
                                                                                                                                
SENATOR BUNDE said the good-time carrot should be looked at.                                                                    
                                                                                                                                
10:19:21 AM                                                                                                                   
SENATOR  BUNDE  moved  HB  296  from  committee  with  individual                                                               
recommendations  and  attached  fiscal note(s).  There  being  no                                                               
objection, HB 296 passed out of committee.                                                                                      
                                                                                                                                

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