Legislature(2019 - 2020)BUTROVICH 205

02/28/2019 03:30 PM STATE AFFAIRS

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Audio Topic
03:31:34 PM Start
03:32:13 PM Confirmation Hearing(s)
04:07:25 PM SB34
06:02:00 PM SB23|| SB24
08:06:28 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
Commissioner-Designee Tshibaka, Department of
Administration
-- Teleconference Invitation Only --
-- Public Testimony <Time Limit May Be Set> --
+= SB 34 PROBATION; PAROLE; SENTENCES; CREDITS TELECONFERENCED
Moved CSSB 34(STA) Out of Committee
+= SB 23 APPROP:SUPP. PAYMENTS OF PRIOR YEARS' PFD TELECONFERENCED
Heard & Held
-Public Testimony on SB23/24 at Approx. 6:00 pm-
<Time Limit May Be Set>
+= SB 24 PFD SUPPLEMENTAL PAYMENTS TELECONFERENCED
Heard & Held
-Public Testimony on SB24/23 at Approx. 6:00 pm-
<Time Limit May Be Set>
+ Bills Previously Heard/Scheduled TELECONFERENCED
          SB  34-PROBATION; PAROLE; SENTENCES; CREDITS                                                                      
                                                                                                                                
4:07:25 PM                                                                                                                    
CHAIR   SHOWER  reconvened   the   meeting   and  announced   the                                                               
consideration of SB  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  noted that  the CS  for  SB 34,  version M,  was the  working                                                               
document. He  noted who  was available  to answer  questions, and                                                               
that there were amendments for the committee to consider.                                                                       
                                                                                                                                
4:08:00 PM                                                                                                                    
SENATOR COGHILL moved Amendment 1, 31-GS1031\M.5.                                                                               
                                                                                                                                
                                                 31-GS1031\M.5                                                                  
                                                      Radford                                                                   
                                                      2/27/19                                                                   
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 1                                                                                   
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR SHOWER                                                                 
          TO:  CSSB 34(STA), Draft Version "M"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 4, lines 23 - 31:                                                                                                     
          Delete "[KEEP RECORDS OF THE PROBATION WORK,                                                                          
     INCLUDING ADMINISTRATIVE  SANCTIONS AND  INCENTIVES THE                                                                    
     PROBATION OFFICER  IMPOSES UNDER  AS 33.05.020(g), KEEP                                                                    
     ACCURATE AND  COMPLETE ACCOUNTS OF ALL  MONEY COLLECTED                                                                    
     FROM  PERSONS UNDER  THE  SUPERVISION  OF THE  OFFICER,                                                                    
     GIVE  RECEIPTS FOR  MONEY COLLECTED  AND MAKE  AT LEAST                                                                    
     MONTHLY RETURNS  OF IT, MAKE  THE REPORTS TO  THE COURT                                                                    
     AND  THE COMMISSIONER  REQUIRED  BY  THEM, AND  PERFORM                                                                    
     OTHER DUTIES THE COURT MAY DIRECT;                                                                                         
               (5)]"                                                                                                            
          Insert "keep records of the probation work [,                                                                         
     INCLUDING ADMINISTRATIVE  SANCTIONS AND  INCENTIVES THE                                                                    
     PROBATION OFFICER IMPOSES  UNDER AS 33.05.020(g)], keep                                                                    
     accurate and  complete accounts of all  money collected                                                                    
     from  persons under  the  supervision  of the  officer,                                                                    
     give  receipts for  money collected  and make  at least                                                                    
     monthly returns  of it, make  the reports to  the court                                                                    
     and  the commissioner  required  by  them, and  perform                                                                    
     other duties the court may direct;                                                                                         
               (5)"                                                                                                             
                                                                                                                                
     Page 5, line 2:                                                                                                            
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     Page 5, lines 24 - 29:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 14, lines 16 - 17:                                                                                                    
          Delete "; and                                                                                                         
               (5)  AS 33.05.040(b), as amended by sec. 7 of                                                                    
     this Act"                                                                                                                  
                                                                                                                                
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SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
4:08:25 PM                                                                                                                    
SCOTT OGAN,  Senior Policy Advisor,  Senator Mike  Shower, Alaska                                                               
State   Legislature,   explained   that  Amendment   1   restores                                                               
bookkeeping functions that were  unintentionally omitted from the                                                               
CS, and it  eliminates administrative sanctions. The  rest of the                                                               
amendment reflects conforming changes.                                                                                          
                                                                                                                                
4:09:04 PM                                                                                                                    
SENATOR MICCICHE removed his objection.                                                                                         
                                                                                                                                
CHAIR SHOWER asked if there were further objections.                                                                            
                                                                                                                                
SENATOR  COGHILL  objected  to  state  that  he  does  object  to                                                               
eliminating  administrative  sanctions  and will  speak  to  that                                                               
later.  Because he  supports the  reporting  mechanism, he  won't                                                               
object to the amendment. He removed his objection.                                                                              
                                                                                                                                
CHAIR SHOWER found no further objection and Amendment 1 passed.                                                                 
                                                                                                                                
4:10:07 PM                                                                                                                    
SENATOR COGHILL moved Amendment 2, 31-GS1031\M.4.                                                                               
                                                                                                                                
4:12:03 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:12:45 PM                                                                                                                    
CHAIR SHOWER reconvened the meeting  and asked Senator Coghill to                                                               
restate the motion.                                                                                                             
                                                                                                                                
4:12:52 PM                                                                                                                    
SENATOR COGHILL restated the motion to adopt Amendment 2,                                                                       
31-GS1031\M.4.                                                                                                                  
                                                                                                                                
                                                 31-GS1031\M.4                                                                  
                                                      Radford                                                                   
                                                      2/27/19                                                                   
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 2                                                                                   
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE                    BY SENATOR SHOWER                                                                 
          TO:  CSSB 34(STA), Draft Version "M"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 2, line 22, following "imprisoned":                                                                                   
          Insert "until the order of the court is                                                                           
     satisfied"                                                                                                             
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
MR. OGAN explained that this technical amendment adds the phrase                                                                
that the order of the court must be satisfied, which the drafter                                                                
overlooked.                                                                                                                     
                                                                                                                                
CHAIR SHOWER clarified that Legislative Legal Services requested                                                                
this addition.                                                                                                                  
                                                                                                                                
MR. OGAN agreed adding that the amendment does not make a                                                                       
substantive change.                                                                                                             
                                                                                                                                
SENATOR COGHILL clarified for the public that this addition                                                                     
appears on page 2, line 22, of version M.                                                                                       
                                                                                                                                
SENATOR MICCICHE removed his objection.                                                                                         
                                                                                                                                
CHAIR SHOWER found no further objection and stated that                                                                         
Amendment 2 has passed.                                                                                                         
                                                                                                                                
4:14:13 PM                                                                                                                    
SENATOR COGHILL moved Amendment 3, 31-GS1031\M.6.                                                                               
                                                                                                                                
                                                 31-GS1031\M.6                                                                  
                                                      Radford                                                                   
                                                      2/27/19                                                                   
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 3                                                                                   
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                 BY SENATOR SHOWER                                                                     
          TO:  CSSB 34(STA), Draft Version "M"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 3, line 19, following "shall":                                                                                        
          Insert ", in consultation with the Department of                                                                  
     Law and the Department of Public Safety,"                                                                              
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
4:14:52 PM                                                                                                                    
MR.  OGAN   explained  that  in   Section  4,   the  commissioner                                                               
establishes  by regulation  a  program  allowing probationers  to                                                               
earn credits for complying with  the conditions of probation. The                                                               
amendment  adds   the  requirement   that  the   regulations  are                                                               
established in consultation with  the Department of Public Safety                                                               
(DPS). This provides another set of  eyes for the review. He said                                                               
the consultation,  which could  be minimal,  is intended  to keep                                                               
political appointees accountable.                                                                                               
                                                                                                                                
CHAIR  SHOWER added  that the  intent is  to ensure  coordination                                                               
among agencies  that enforce the  criminal justice system  and to                                                               
provide checks and balances. In  this particular case, there will                                                               
be coordination between the commissioner, DOL, and DPS.                                                                         
                                                                                                                                
SENATOR  COGHILL suggested  the committee  ask the  Department of                                                               
Law and  the Department  of Public Safety  (DPS) what  they think                                                               
that consultation would look like.                                                                                              
                                                                                                                                
4:17:03 PM                                                                                                                    
JOHN SKIDMORE,  Director, Criminal  Division, Department  of Law,                                                               
advised that  a requirement for  consultation does not  alter the                                                               
ultimate authority  for the Department of  Corrections to develop                                                               
the program.  He said  the requirement  leaves flexibility  as to                                                               
what that  consultation will  look like, but  it does  place into                                                               
law  that it  will  occur. He  added  that it  has  not been  his                                                               
experience,  but  this prevents  a  situation  in which  the  DOC                                                               
develops the policy without talking to anyone else.                                                                             
                                                                                                                                
SENATOR  COGHILL  asked if  the  Department  of Law  was  already                                                               
working with the Department of  Corrections on the development of                                                               
regulations.                                                                                                                    
                                                                                                                                
MR.  SKIDMORE  said   the  Department  of  Law   drafts  all  the                                                               
regulations  that   are  developed   by  departments,   but  that                                                               
consultation is  about format rather  than substance.  He related                                                               
his  experience that  agencies involved  in the  criminal justice                                                               
system  frequently  consult  with  the Department  of  Law  about                                                               
substance  when they're  developing  regulations. This  amendment                                                               
requires consultation on substance to occur.                                                                                    
                                                                                                                                
CHAIR SHOWER  asked Ms.  Howell to  respond to  Senator Coghill's                                                               
question.                                                                                                                       
                                                                                                                                
4:19:46 PM                                                                                                                    
KELLY HOWELL,  Special Assistant to the  Commissioner, Department                                                               
of  Public Safety  (DPS), said  DPS would  work in  collaboration                                                               
with  the Department  of Corrections  as the  amendment requires.                                                               
She  agreed  with  Mr.  Skidmore   that  the  amendment  provides                                                               
flexibility  for  the  consultation  to  occur  through  whatever                                                               
method is most appropriate.                                                                                                     
                                                                                                                                
SENATOR COGHILL asked if DPS  would have substantive input on not                                                               
only  the  regulations  but  also  the  calculation  of  time  on                                                               
probation and recommendations to the court.                                                                                     
                                                                                                                                
MS. HOWELL  said she  wouldn't speak for  the commissioner  as to                                                               
how  the collaboration  would occur,  but she  believes that  the                                                               
commissioner  of public  safety would  want to  provide input  on                                                               
proposed changes. She added that  the Department of Law, DOC, and                                                               
DPS  already work  closely in  these  areas and  this places  the                                                               
requirement in statute.                                                                                                         
                                                                                                                                
SENATOR COGHILL removed his objection.                                                                                          
                                                                                                                                
SENATOR MICCICHE removed his objection to Amendment 3.                                                                          
                                                                                                                                
CHAIR  SHOWER   found  no  further  objection   and  stated  that                                                               
Amendment 3 has passed.                                                                                                         
                                                                                                                                
4:22:41 PM                                                                                                                    
SENATOR COGHILL moved Amendment 4, 31-GS1031\M.13.                                                                              
                                                                                                                                
[Note: This  amendment, which was  drafted by  Legislative Legal,                                                               
has paragraphs (1),  (2), (3), and (4)  inserted under subsection                                                               
(i). The copy  that committee members considered  did not include                                                               
paragraphs (3) and (4).]                                                                                                        
                                                                                                                                
                                                31-GS1031\M.13                                                                  
                                                      Radford                                                                   
                                                      2/28/19                                                                   
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 4                                                                                   
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                 BY SENATOR SHOWER                                                                     
          TO:  CSSB 34(STA), Draft Version "M"                                                                                  
                                                                                                                                
     Page 4, lines 7 - 8:                                                                                                       
          Delete all material and insert:                                                                                       
          "(i)  A probationer may not be enrolled in the                                                                        
      program established under (h) of this section if the                                                                      
     probationer                                                                                                                
               (1)  is incarcerated for a sex offense as                                                                        
     defined in AS 12.63.100;                                                                                                   
               (2)  is incarcerated for a crime against a                                                                       
     person under AS 11.41;                                                                                                     
               (3)  has three prior convictions arising                                                                         
     from separate criminal episodes; or                                                                                        
               (4)  has reoffended while on probation in                                                                        
     the past."                                                                                                                 
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR REINBOLD  called a point  of order  to asked if  this was                                                               
Amendment 4 or an amendment to Amendment 4.                                                                                     
                                                                                                                                
CHAIR SHOWER clarified that it  was Amendment 4; the amendment to                                                               
Amendment 4 would be introduced subsequently.                                                                                   
                                                                                                                                
4:23:28 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:24:14 PM                                                                                                                    
CHAIR  SHOWER  reconvened  the  meeting and  asked  Mr.  Ogan  to                                                               
explain Amendment 4.                                                                                                            
                                                                                                                                
4:24:25 PM                                                                                                                    
MR. OGAN explained  that Amendment 4 fixes a  drafting error. The                                                               
intent is  to make probationers convicted  of a sex offense  or a                                                               
crime  against  a  person  ineligible   for  the  earned  credits                                                               
program.                                                                                                                        
                                                                                                                                
He asked if  the chair wanted an explanation of  the amendment to                                                               
the amendment at this time.                                                                                                     
                                                                                                                                
CHAIR SHOWER deferred to more experienced committee members.                                                                    
                                                                                                                                
4:25:26 PM                                                                                                                    
SENATOR  COGHILL advised  that  the proper  process  would be  to                                                               
adopt Amendment  4 and then  consider the amendment  to Amendment                                                               
4.                                                                                                                              
                                                                                                                                
4:25:37 PM                                                                                                                    
SENATOR MICCICHE removed his objection to Amendment 4.                                                                          
                                                                                                                                
SENATOR COGHILL moved the amendment  to Amendment 4 that reads as                                                               
follows:                                                                                                                        
                                                                                                                                
     Amendment to Amendment 4           BY SENATOR SHOWER.                                                                      
     CSSB 34(STA) Draft Version "M"                                                                                             
                                                                                                                                
                                                                                                                                
     Line 4 after "this section if the probationer" add: or                                                                 
     parolee                                                                                                                
                                                                                                                                
     Line 5 after (1) is, add: on probation or parole for a                                                                 
     sex offense as defined in AS 12.63.100                                                                                     
                                                                                                                                
     Line 6 after (2) is, add: on probation or parole for a                                                                 
      felony or DV crime against a person as defined in AS                                                                  
     11.41                                                                                                                    
                                                                                                                                
4:26:31 PM                                                                                                                    
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
4:26:44 PM                                                                                                                    
MR.  OGAN  explained  that  the amendment  to  Amendment  4  adds                                                               
parolees who  have been convicted  of either  a sex offense  or a                                                               
felony or  domestic violence crime  against a person to  the pool                                                               
of people who are ineligible for the earned credit program.                                                                     
                                                                                                                                
CHAIR  SHOWER   added  that  AS  33.05.020(h)   talks  about  the                                                               
commissioner  establishing a  program by  regulation that  allows                                                               
probationers to  earn credits for  complying with  the conditions                                                               
of probation. The intent of the  amendment is to exclude from the                                                               
credit  program those  probationers  and parolees  who have  been                                                               
convicted  of  the  more  serious   offenses  against  a  person,                                                               
including domestic violence.                                                                                                    
                                                                                                                                
4:28:56 PM                                                                                                                    
SENATOR COGHILL highlighted  that later on in  subsection (h), on                                                               
page 4, line 2 of the bill,  it says a probationer convicted of a                                                               
crime involving domestic violence as  defined in AS 18.66.990, is                                                               
required  to  complete  all treatment  programs  [required  as  a                                                               
condition  probations before  discharge based  on credits  earned                                                               
under subsection  (h).] He suggested that  the proposed amendment                                                               
might conflict with the bill.                                                                                                   
                                                                                                                                
CHAIR SHOWER noted that after  working with legislative legal the                                                               
decision was to  insert the amendment in this  location. He asked                                                               
Mr. Ogan if he wanted to expound.                                                                                               
                                                                                                                                
MR. OGAN deferred to the Department of Law.                                                                                     
                                                                                                                                
4:30:04 PM                                                                                                                    
MR.  SKIDMORE  said he  would  recommend  two things.  First,  AS                                                               
33.05.020(h)  talks   about  the  commissioner   establishing  by                                                               
regulation a  program for probationers, not  parolees. Therefore,                                                               
anything  that is  done to  this statute  has to  talk about  the                                                               
program  for  probationers.  A  separate  statute  establishes  a                                                               
program for parolees.  If the intent is to have  the policy apply                                                               
to both probationers  and parolees, anything that is  done in the                                                               
probation statute needs to be replicated in the parole statute.                                                                 
                                                                                                                                
Second,  Amendment  4,  31-GS1031\M.13,   should  be  amended  by                                                               
replacing  the  term "incarcerated"  on  lines  5  and 6  of  the                                                               
amendment with  "on probation" [because  someone on  probation is                                                               
no longer incarcerated.]                                                                                                        
                                                                                                                                
Returning to  the first  point, he advised  that the  statute for                                                               
parolees  is AS  33.16.270. He  noted that  the bill  also amends                                                               
that statute,  starting in Section  18 on page  11 of the  CS. He                                                               
said this is where any information  about how to restrict who can                                                               
be  in the  earned compliance  credit program  under the  parolee                                                               
scenario. He  suggested that the  likely location for  the change                                                               
would  be on  page 12  in paragraph  (3). The  language would  be                                                               
similar to the probationer language  he suggested but would refer                                                               
to a  parolee. "If  there were  different policy  objectives than                                                               
that, then I would need more time  to sort out how you would want                                                               
to address that," he said.                                                                                                      
                                                                                                                                
CHAIR SHOWER  observed that that  explains the  policy objective,                                                               
but the amendment [doesn't achieve that objective.]                                                                             
                                                                                                                                
SENATOR  COGHILL suggested  the committee  rescind its  action to                                                               
adopt Amendment 4 and start over.                                                                                               
                                                                                                                                
4:36:13 PM                                                                                                                    
MR.  OGAN  said  legislative  legal  suggested  articulating  the                                                               
policy call for  the record and giving them  express authority to                                                               
work the appropriate amendment into the bill.                                                                                   
                                                                                                                                
4:36:56 PM                                                                                                                    
SENATOR  MICCICHE  moved to  rescind  the  committee's action  on                                                               
Amendment 4.                                                                                                                    
                                                                                                                                
CHAIR  SHOWER  found  no  objection   and  the  action  to  adopt                                                               
Amendment 4 was rescinded.                                                                                                      
                                                                                                                                
4:38:30 PM                                                                                                                    
CHAIR SHOWER withdrew proposed Amendment 5, 31-GS1031\M.8, from                                                                 
consideration.                                                                                                                  
                                                                                                                                
4:39:11 PM                                                                                                                    
SENATOR COGHILL moved Amendment 6, 31-GS1031\M.2.                                                                               
                                                                                                                                
                                                 31-GS1031\M.2                                                                  
                                                      Radford                                                                   
                                                      2/27/19                                                                   
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 6                                                                                   
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                BY SENATOR COGHILL                                                                     
          TO:  CSSB 34(STA), Draft Version "M"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 2, line 28, through page 3, line 17:                                                                                  
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 14, line 13:                                                                                                          
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following paragraphs accordingly.                                                                             
                                                                                                                                
     Page 14, line 14:                                                                                                          
          Delete "sec. 4"                                                                                                       
          Insert "sec. 3"                                                                                                       
                                                                                                                                
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          Insert "sec. 4"                                                                                                       
                                                                                                                                
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          Insert "sec. 5"                                                                                                       
                                                                                                                                
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SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR  COGHILL   explained  that  the  amendment   deletes  all                                                               
material  in  bill  Section  3,   which  amends  AS  12.55.090(g)                                                               
regarding  probation. This  section  makes  it permissive  rather                                                               
than  directive  for  a  probation   officer  to  recommend  that                                                               
probation  be   terminated,  and   the  person   discharged  from                                                               
probation   under  certain   conditions.  And   it  removes   the                                                               
conditions of having served two  years on probation under certain                                                               
circumstances and  having served  18 months  on probation  if the                                                               
conviction was  for a crime that  is not a crime  under a certain                                                               
definition.                                                                                                                     
                                                                                                                                
SENATOR  COGHILL said  his intent  is to  have the  probationer's                                                               
application  go  before  the board  for  consideration  based  on                                                               
certain requirements. He said he  feels very strongly about this,                                                               
but he wasn't  sure if this particular amendment  was the correct                                                               
approach.  He said  he  intended to  withdraw  the amendment  but                                                               
wanted to  make his  wishes known  in the  hope that  members who                                                               
have  the opportunity  to  touch  the bill  two  more times  will                                                               
continue to work with him.                                                                                                      
                                                                                                                                
4:41:19 PM                                                                                                                    
SENATOR COGHILL withdrew Amendment 6, 31-GS1031\M.2.                                                                            
                                                                                                                                
He said  he was withdrawing  it "with the  idea that I  think the                                                               
requirement demands that the bureaucracy  work and the 'may' says                                                               
you  may  work, and  it  leaves  our  probation world  under  two                                                               
different  people  that  I struggle  with  bureaucratically.  Not                                                               
personally, not  integrity wise,  just bureaucratically  and that                                                               
is the  people who handle the  probation request at the  jail and                                                               
those who handle it at the board."                                                                                              
                                                                                                                                
4:42:03 PM                                                                                                                    
SENATOR REINBOLD called a point of  order to say that Amendment 7                                                               
replaces the term "shall" with "may."                                                                                           
                                                                                                                                
SENATOR  COGHILL  pointed  out  that Amendment  6  addresses  the                                                               
change from  "shall" to "may" on  page 2, line 29.  It's a return                                                               
to the language [pre-2016].                                                                                                     
                                                                                                                                
SENATOR REINBOLD noted that Amendment  7 changes the term "shall"                                                               
to  "may" [in  regard to  parole officer  recommendations to  the                                                               
board].                                                                                                                         
                                                                                                                                
SENATOR  COGHILL  continued  to  say   that  the  data  from  the                                                               
probation and  parole office indicates  that the people  who have                                                               
been  eligible for  probation and  parole under  these conditions                                                               
have been successful and are  not reoffending. He reiterated that                                                               
he was  withdrawing Amendment  6 and would  like members  to keep                                                               
this in mind as they look  at and work on different iterations of                                                               
the bill.                                                                                                                       
                                                                                                                                
CHAIR  SHOWER   stated  that   Amendment  6,   31-GS1031\M.2,  is                                                               
withdrawn.                                                                                                                      
                                                                                                                                
4:44:06 PM                                                                                                                    
SENATOR COGHILL moved Amendment 7, 31-GS1031\M.3.                                                                               
                                                                                                                                
                                                 31-GS1031\M.3                                                                  
                                                      Radford                                                                   
                                                      2/26/19                                                                   
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 7                                                                                   
                                                                                                                                
                                                                                                                                
    OFFERED IN THE SENATE                BY SENATOR COGHILL                                                                     
          TO:  CSSB 34(STA), Draft Version "M"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 10, line 16:                                                                                                          
          Delete "may [SHALL]"                                                                                              
          Insert "shall"                                                                                                        
                                                                                                                                
SENATOR MICCICHE objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR COGHILL explained that Amendment  7 is basically the same                                                               
as Amendment 6,  but it relates to a  parole officer recommending                                                               
to the  board early discharge for  a parolee who has  met certain                                                               
conditions. The board is not  obligated to discharge the parolee,                                                               
but it must consider the application.                                                                                           
                                                                                                                                
4:45:38 PM                                                                                                                    
SENATOR COGHILL  withdrew Amendment  7, 31-GS1031\M.3,  and asked                                                               
members to watch this as the bill moves forward.                                                                                
                                                                                                                                
4:46:01 PM                                                                                                                    
SENATOR MICCICHE moved Amendment 8, 31-GS1031\M.11.                                                                             
                                                                                                                                
                                                31-GS1031\M.11                                                                  
                                                      Radford                                                                   
                                                      2/28/19                                                                   
                                                                                                                                
                                                                                                                                
                      A M E N D M E N T 8                                                                                   
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE               BY SENATOR MICCICHE                                                                    
          TO:  CSSB 34(STA), Draft Version "M"                                                                                  
                                                                                                                                
                                                                                                                                
     Page 7, line 19:                                                                                                           
          Delete "one-third"                                                                                                    
          Insert "one-half [ONE-THIRD]"                                                                                     
                                                                                                                                
     Page 8, line 25, following "(5)":                                                                                          
          Insert "or (8)"                                                                                                   
                                                                                                                                
     Page 9, line 2, following "(5)":                                                                                           
          Insert "or (8)"                                                                                                   
                                                                                                                                
     Page 9, lines 5 - 12:                                                                                                      
          Delete "[;                                                                                                            
               (8)       TO   A   SINGLE    SENTENCE   UNDER                                                                    
     AS 12.55.125(i)(3) AND  (4), AND  HAS NOT  BEEN ALLOWED                                                                    
     BY  THE  THREE-JUDGE  PANEL UNDER  AS 12.55.175  TO  BE                                                                    
     CONSIDERED  FOR DISCRETIONARY  PAROLE RELEASE,  MAY NOT                                                                    
     BE RELEASED ON DISCRETIONARY  PAROLE UNTIL THE PRISONER                                                                    
     HAS  SERVED, AFTER  A DEDUCTION  FOR  GOOD TIME  EARNED                                                                    
     UNDER  AS 33.20.010, ONE-HALF  OF  THE  ACTIVE TERM  OF                                                                    
     IMPRISONMENT IMPOSED]"                                                                                                     
          Insert ";                                                                                                             
               (8)       to   a   single    sentence   under                                                                  
     AS 12.55.125(d)      for      an     offense      under                                                                
     AS 11.71.030(a)(1)   or  (2)   [AS 12.55.125(i)(3)  AND                                                                
     (4)],  and  has not  been  allowed  by the  three-judge                                                                    
     panel   under  AS 12.55.175   to   be  considered   for                                                                    
     discretionary parole  release, may  not be  released on                                                                    
     discretionary parole  until the prisoner has  served [,                                                                    
     AFTER   A  DEDUCTION   FOR  GOOD   TIME  EARNED   UNDER                                                                    
     AS 33.20.010,]   one-half  of   the   active  term   of                                                                    
     imprisonment imposed"                                                                                                      
                                                                                                                                
SENATOR REINBOLD objected for discussion purposes.                                                                              
                                                                                                                                
SENATOR  MICCICHE   explained  that   Amendment  8   changes  the                                                               
mandatory minimum term  a prisoner must serve to  be eligible for                                                               
discretionary parole.  For class  B drug trafficking,  a prisoner                                                               
would  be eligible  for discretionary  parole after  serving one-                                                               
half  of  their  sentence  rather than  one-quarter  and  for  an                                                               
unclassified drug offense  the change is from  one-third of their                                                               
sentence to  one-half of  their sentence. He  said he  feels that                                                               
the state  is under  a siege of  drug-related issues  and violent                                                               
crimes now, and the data shows  that in years past when crime has                                                               
been high  these are the  crimes that contribute to  other lower-                                                               
level  crimes. The  message, he  said, is  that Alaska  is not  a                                                               
preferred market for drug trafficking.                                                                                          
                                                                                                                                
4:47:34 PM                                                                                                                    
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
4:47:44 PM                                                                                                                    
SENATOR COGHILL  objected to hear  the Department of  Law discuss                                                               
how this new concept might work.                                                                                                
                                                                                                                                
4:48:08 PM                                                                                                                    
MR. SKIDMORE said  this isn't his area of expertise  and he would                                                               
suggest the  committee ask Mr.  Edwards from the Board  of Parole                                                               
to explain.  Responding to  the chair,  he said  Senator Micciche                                                               
did a  good job of  describing the  amendment to Section  10 that                                                               
proposes to change AS 33.16.090(b)(1).  It talks about a prisoner                                                               
who is  eligible under  (a)(1) of this  section who  is sentenced                                                               
under the  sentencing statute  for unclassified  felony offenses,                                                               
AS  12.55.125(a)  and  (b), is  not  eligible  for  discretionary                                                               
parole until  they have served  the mandatory minimum  under this                                                               
statute and  then one-third  of the  active term  of imprisonment                                                               
imposed. Amendment  8 proposes  to change the  term that  must be                                                               
served  from one-third  to  one-half. He  said  he believes  that                                                               
refers  to  the active  time  remaining.  He requested  that  Mr.                                                               
Edwards confirm that interpretation.                                                                                            
                                                                                                                                
4:50:27 PM                                                                                                                    
JEFFREY EDWARDS,  Director, State  Parole Board,  Anchorage, said                                                               
Mr. Skidmore  and Senator Micciche  did a good job  of explaining                                                               
Amendment  8.  The  inmate  serving the  sentence  would  not  be                                                               
eligible  to apply  for early  release  until they  had served  a                                                               
certain  term  of  the  active   term  of  imprisonment  imposed.                                                               
Currently that is one-third of  the active term and the amendment                                                               
changes that to  one-half. The prisoner would have  to serve half                                                               
their  sentence or  the mandatory  minimum, whichever  is greater                                                               
before  they could  apply  to  the parole  board  for release  on                                                               
discretionary parole.                                                                                                           
                                                                                                                                
SENATOR  COGHILL  said he  understands  the  policy call  and  he                                                               
believes the  fiscal note will  change. He asked Mr.  Skidmore if                                                               
mandatory minimums  are considered when a  prosecutor considers a                                                               
plea deal.                                                                                                                      
                                                                                                                                
MR. SKIDMORE  confirmed that a  prosecutor who was  considering a                                                               
negotiated  resolution  could  look   at  mandatory  minimums  to                                                               
understand when  somebody would  be eligible  for parole,  but he                                                               
didn't think it happens very often.  He admitted that in 20 years                                                               
as a  prosecutor, he only  focused on the ultimate  sentence when                                                               
he was trying to  determine how to make an offer  in the case. He                                                               
never looked at when the person was eligible for parole.                                                                        
                                                                                                                                
SENATOR COGHILL said  he brought it up because  early release has                                                               
become a point of discussion.                                                                                                   
                                                                                                                                
4:53:26 PM                                                                                                                    
SENATOR  MICCICHE  reminded  the  committee that  SB  34  removes                                                               
several categories  of crimes from eligibility  for discretionary                                                               
parole. The  amendment deals with  relatively serious  crimes and                                                               
it  increases  the  minimum  time served  before  a  prisoner  is                                                               
eligible, but  they are not removed  from the list. He  said drug                                                               
trafficking destroys  the lives of  many Alaskans every  year and                                                               
this is  just saying they  must serve half their  sentence before                                                               
they're eligible to apply for  discretionary parole. He described                                                               
it as a reasonable approach.                                                                                                    
                                                                                                                                
4:54:17 PM                                                                                                                    
MR. OGAN suggested the committee  ask Mr. Skidmore how this would                                                               
affect a suspended sentence.                                                                                                    
                                                                                                                                
MR.  SKIDMORE explained  that  the  time a  court  imposes as  an                                                               
active  term of  imprisonment is  what impacts  when somebody  is                                                               
eligible  for discretionary  parole.  The suspended  time is  not                                                               
calculated for parole;  it serves as the  potential sanction that                                                               
could  be  imposed when  a  person  on probation  violates  their                                                               
conditions of release.                                                                                                          
                                                                                                                                
He continued  to say that he  talked about the first  part of the                                                               
amendment that deals with unclassified  felonies. The second half                                                               
of the amendment talks about when  someone convicted of a class B                                                               
felony for  a drug  offense would  be eligible  for discretionary                                                               
parole. That is on  page 1, line 21-23 through page  2, line 3 of                                                               
Amendment  8, 31-GS1031\M.11.  He suggested  the committee  watch                                                               
other  bills  that  have  been   proposed  that  may  changes  AS                                                               
12.55.125(d) and  AS 11.71.030(a)(1)  or (2)  to ensure  that the                                                               
intent  of   the  amendment  is  preserved.   He  summarized  his                                                               
understanding  of  the intent  which  is  to limit  discretionary                                                               
parole for  those people that are  convicted of a class  B felony                                                               
for  a  drug  offense.  He   noted  that  SB  34  already  limits                                                               
discretionary  parole for  a class  A felony.  Amendment 8  deals                                                               
with  unclassified   felonies,  class  A  felonies   are  already                                                               
covered,   and  this   goes  to   class  B   felonies  for   drug                                                               
distribution. The  clear idea is  to limit their  eligibility for                                                               
discretionary parole until after they have served half the time.                                                                
                                                                                                                                
CHAIR SHOWER said that's a salient point.                                                                                       
                                                                                                                                
4:57:47 PM                                                                                                                    
SENATOR REINBOLD removed her objection.                                                                                         
                                                                                                                                
CHAIR SHOWER  asked Senator  Coghill if he  wanted to  remove his                                                               
objection.                                                                                                                      
                                                                                                                                
SENATOR COGHILL  said he  didn't mind  requiring people  to spend                                                               
the extra time in jail, but  he was not interested in making them                                                               
better criminals. He said he'd  remove his objection and probably                                                               
vote no on the bill.                                                                                                            
                                                                                                                                
4:59:00 PM                                                                                                                    
CHAIR SHOWER stated that Amendment 8  has passed. He said that is                                                               
the  last amendment  and the  bill  is before  the committee  for                                                               
discussion.                                                                                                                     
                                                                                                                                
SENATOR   COGHILL  pointed   out   the  bill   deletes  all   the                                                               
administrative  sanctions  as   well  as  limiting  discretionary                                                               
parole.  He  said  he  agrees  with  earlier  comments  that  the                                                               
sanctions were  not as swift  and certain as everyone  hoped, but                                                               
he  continues  to believe  there  is  room  to improve  that.  He                                                               
directed  attention  to page  34  of  the 2018  Criminal  Justice                                                               
Reform Report. He read the following into the record:                                                                           
                                                                                                                                
     Sanctions   and   incentives.  Parole   and   probation                                                                  
     officers now  use a system of  administrative sanctions                                                                    
     and  incentives  to  facilitate  prompt  and  effective                                                                    
     responses   to  compliance   with   or  violations   of                                                                    
     conditions    of   supervision.    The   administrative                                                                    
     sanctions are  used before filing  a petition  with the                                                                    
     court  or  the  parole  board to  revoke  probation  or                                                                    
     parole.  [The  sanctions  are  designed  to  be  swift,                                                                    
     certain, and  proportionate to the  transgression; this                                                                    
     is  an evidence-based  practice  that  studies show  is                                                                    
     more effective in encouraging course correction.]                                                                          
                                                                                                                                
SENATOR COGHILL  explained that the  idea with the  probation and                                                               
parole reform in 2016 was trying  to make sure supervision was on                                                               
those who needed it and incentives  were given for those who were                                                               
successful  and didn't  reoffend. This  report indicates  that is                                                               
happening;  probationers and  parolees are  held accountable  and                                                               
are able to  earn compliance credits. Because the  bill deletes a                                                               
lot of that, he said he probably could not support the bill.                                                                    
                                                                                                                                
5:01:27 PM                                                                                                                    
CHAIR SHOWER said  he was looking at that but  decided to look at                                                               
it in the judiciary committee.                                                                                                  
                                                                                                                                
SENATOR COGHILL  said he appreciates  that, but this is  his only                                                               
chance to work on the bill.                                                                                                     
                                                                                                                                
SENATOR  REINBOLD   thanked  the  chair  for   working  hard  and                                                               
diligently on  the bill  with all the  committee members  and the                                                               
public. She  described the amendments  as excellent and  said she                                                               
was pleased to support the bill.                                                                                                
                                                                                                                                
CHAIR SHOWER asked Senator Micciche to read the fiscal notes.                                                                   
                                                                                                                                
5:02:31 PM                                                                                                                    
SENATOR MICCICHE  warned that  the fiscal notes  may change  as a                                                               
result of the amendments that passed today.                                                                                     
                                                                                                                                
Fiscal  Note  Number   1  from  the  Criminal   Division  of  the                                                               
Department of  Law is  zero. The  allocation is  Criminal Justice                                                               
Litigation  and the  OMB Component  Number is  2202. It  says the                                                               
Department of  Law anticipates an increase  in litigation similar                                                               
to what it  saw with the passage of the  initial criminal justice                                                               
reform. However,  the department  does not anticipate  any fiscal                                                               
impact from the bill.                                                                                                           
                                                                                                                                
Fiscal  Note  Number  2  from   the  Department  of  Corrections,                                                               
Population   Management,  Institution   Director's  Office,   OMB                                                               
Component  Number 1381  is indeterminant.  The reasoning  is that                                                               
offenders will be incarcerated longer.  If the additional inmates                                                               
do not  exceed capacity, there is  no cost to the  department. If                                                               
the increase  exceeds capacity  the cost is  $168.74 per  day per                                                               
inmate. The department  does not have adequate  data to determine                                                               
the exact number, thus the note is indeterminate.                                                                               
                                                                                                                                
Fiscal  Note  Number  3  from   the  Department  of  Corrections,                                                               
Population  Management, Probation  and Parole  Director's Office,                                                               
OMB Component Number 2684 has  an FY20 operating cost of $57,600.                                                               
In  FY21 it  increases to  $86,400 and  from FY22  to FY25  it is                                                               
$172,800 per year in general fund dollars.                                                                                      
                                                                                                                                
Section  [4] says  that with  fewer terminations,  offenders will                                                               
spend  longer  on probation  at  a  cost  of  $9.57 per  day  per                                                               
probationer.                                                                                                                    
                                                                                                                                
Section 6 reduces the earned  compliance credits for probation to                                                               
one-third the prior amount.                                                                                                     
                                                                                                                                
Section  7 adds  the  stipulation that  probationers who  violate                                                               
conditions of probation forfeit  any credits earned which extends                                                               
the period of probation.                                                                                                        
                                                                                                                                
Section 16 changes  the tolling calculation to what  it was prior                                                               
to the current law. There  is insufficient data to determine that                                                               
cost.                                                                                                                           
                                                                                                                                
Section  18   stipulates  that  a  parolee   who  violates  their                                                               
conditions of  parole forfeits any  credits earned  which extends                                                               
the period of parole at a cost of $9.57 per day.                                                                                
                                                                                                                                
Section  20  repeals  mandatory early  termination  of  probation                                                               
which  will probably  result in  some probationers  spending more                                                               
time on probation at a cost of $9.57 per day.                                                                                   
                                                                                                                                
Fiscal Note  Number 4 from the  Alaska Court System is  zero. The                                                               
Allocation is Trial Courts, and  the OMB Component Number is 768.                                                               
It says the changes in the bill  will not have a fiscal impact on                                                               
the Court System.                                                                                                               
                                                                                                                                
5:06:04 PM                                                                                                                    
CHAIR  SHOWER noted  that legislative  legal would  need to  make                                                               
conforming amendments. He stated his  intent to move the bill and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
5:06:15 PM                                                                                                                    
SENATOR  COGHILL moved  to report  CSSB 34(STA),  31-GS1031\M, as                                                               
amended,  from  committee  with  individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
CHAIR  SHOWER  found  no  objection  and  CSSB  34(STA)  [amended                                                               
version M]  was reported from  the Senate State  Affairs Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
SSTA OFFICIAL AGENDA (AutoRecovered).pdf SSTA 2/28/2019 3:30:00 PM
Agenda
Commissioner Tshibaka Resume.pdf SSTA 2/28/2019 3:30:00 PM
comm tshibaka resume
Letters of Rec-Comm Tshibaka Assorted.pdf SSTA 2/28/2019 3:30:00 PM
Assorted letters of rec - comm tshibaka
SB 34 Transmittal Letter.pdf SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
M.pdf SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB 34 Version m
sb34 version m
SB 34 - Probation and Parole Sectional.pdf SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB 34 Highlights.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB0034-1-2-012319-LAW-N.PDF SSTA 2/21/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB0034-2-2-012319-COR-Y.PDF SSTA 2/21/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB0034-3-2-012319-COR-Y.PDF SSTA 2/21/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB34-GOA Bills Matrix 2-22-19 - DRAFT STA CS.pdf SSTA 2/28/2019 3:30:00 PM
SB 34 Support Crime Bills AACOP.pdf SSTA 2/28/2019 3:30:00 PM
SB 34
SB 34 - PSEA Letter of Support.pdf SFIN 4/30/2019 1:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB 23 TL - Senate President.pdf SSTA 2/5/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 23
SB0023A.PDF SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 23
SB23 Sectional.pdf SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 23
SB 24 TL - Senate President.pdf SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SB 24
SB0024A.PDF SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SB 24
SB24 Sectional.pdf SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 24
SB 24 Fiscal Note.PDF SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 24
SB 23 and 24 presentation.pptx SSTA 2/5/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SSTA 3/5/2019 3:30:00 PM
SSTA 3/7/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SB 23
SB 24
SB34 Updated Amendments 02-28-19.pdf SSTA 2/28/2019 3:30:00 PM
SB 34