Legislature(1993 - 1994)
04/11/1994 08:38 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
March 23, 1994
1:30 p.m.
TAPE HFC 94-78, Side 1, #000 - end.
TAPE HFC 94-78, Side 2, #000 - 482.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 1:30 p.m.
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown Representative Parnell
Representative Foster Representative Therriault
Representative Grussendorf
ALSO PRESENT
Representative Con Bunde; Diane Schenker, Special Assistant,
Department of Corrections; Dean Guaneli, Chief, Assistant
Attorney General, Department of Law.
SUMMARY INFORMATION
HB 334 "An Act relating to criminal sentencing; and
relating to mandatory life imprisonment, parole,
good time credit, pardon, commutation of sentence,
reprieve, furlough, and service of sentence at a
correctional restitution center for offenders with
at least three serious felony convictions."
HB 334 failed to move from Committee on a vote of
5 to 3.
HB 460 "An Act relating to bail after conviction for
various felonies if the defendant has certain
previous felony convictions."
HB 460 was reported out of Committee with a "do
pass" recommendation and with five zero fiscal
notes, two by the Department of Administration,
one by the Department of Law, one by the
Department of Public Safety, and one by the
Department of Corrections.
HOUSE BILL NO. 460
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"An Act relating to bail after conviction for various
felonies if the defendant has certain previous felony
convictions."
Representative Navarre explained that HB 460 would deny
bail, while awaiting sentencing or pending appeal, for
persons who were previously convicted of sexual assault in
the second or third degrees, sexual abuse of a minor in the
second or third degree and stalking in the first degree. He
maintained that these individuals have been shown to be a
threat to society. He noted that fiscal notes associated
with the legislation are zero.
Representative Brown asked for further clarification of
language on page 2, line 2. Representative Navarre
explained that bail would be denied if there is a previous
sexual assault and felony conviction.
Representative Navarre MOVED to report HB 460 out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
HB 460 was reported out of Committee with a "do pass"
recommendation and with five zero fiscal notes, two by the
Department of Administration, one by the Department of Law,
one by the Department of Public Safety, and one by the
Department of Corrections.
HOUSE BILL NO. 334
"An Act relating to criminal sentencing; and relating
to mandatory life imprisonment, parole, good time
credit, pardon, commutation of sentence, reprieve,
furlough, and service of sentence at a correctional
restitution center for offenders with at least three
serious felony convictions."
REPRESENTATIVE CON BUNDE testified on behalf of CSHB 334
(JUD). He asserted that the legislation will impact the
"worst of the worst." It is limited to crimes against
persons. He suggested that as few as five persons a year
would be tried under the legislation. He maintained that
the cost of the legislation is difficult to ascertain. He
observed that the legislation allows prosecutorial
discretion.
Representative Bunde clarified that juvenile records are
sealed. Juvenile convictions would not be considered.
In response to a question by Co-Chair MacLean,
Representative Bunde estimated the recidivism rate in the
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state of Alaska at 85 percent.
DIANE SCHENKER, SPECIAL ASSISTANT, DEPARTMENT OF CORRECTIONS
clarified that the department's data system does not tract
recidivism rates. She estimated that 10 percent of
offenders would have two prior felony convictions.
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY, DEPARTMENT OF LAW
agreed there are a large number of repeat offenders. He
described crimes that would be covered by the legislation.
Mr. Guaneli provided the Committee with an overview of CSHB
334 (JUD). He observed that the legislation is commonly
known as "three strikes you're out." The legislation
provides that in the case of a person convicted of a class A
or unclassified felony offense, with two previous successive
and serious felony convictions the prosecution would have
the discretion to seek a mandatory 99 year sentence. He
noted that after 49 and a half years the offender could
petition for release.
In response to a question by Representative Hoffman, Mr.
Guaneli noted that convictions prior to the effective date
of the legislation would be included in consideration of
previous convictions. Only the third offense would have to
take place after the legislation's effective date.
Mr. Guaneli observed that references to the Governor's
pardon power was removed. He emphasized that the Governor's
pardon power is constitutional.
Representative Brown provided members with an article from
the Seattle Post-Intelligence, February 15, 1994, page 9
(copy on file). The article, "Three strikes' May Be Harder
Than Intended," discussed Washington state legislation. She
noted that the article quotes law enforcement officers'
concerns that suspects are more prone to violence when
facing a third conviction. She asked if it is equitable to
require the same sentence of offenders of differing degrees
of offenses. Representative Bunde suggested that it would
be fair to require a mandatory 99 year sentence, in multiple
convictions, regardless of the offense. Representative
Brown questioned if the legislation would make offenders
more violent when cornered by the police.
Representative Brown maintained that those people convicted
of multiple crimes or murder currently are receiving 99
years. Mr Guaneli agreed that sentencing practice generally
give 99 years for cases involving murder when there was a
prior offense.
Representative Hoffman expressed concern with the fiscal
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impact of the legislation.
Ms. Schenker discussed the Department of Corrections' fiscal
note. Representative Bunde maintained that estimation of
fiscal impact should consider that offenders might have
spent extra years in detention under additional offenses had
they been released.
Representative Hanley suggested that there is a subset of
persons with more than three convictions. He reiterated
that the additional defender and prosecution costs would be
mitigated.
Co-Chair Larson clarified that three felonies committed
simultaneously would be considered one conviction.
Representative Brown asked how the legislation would effect
the criminal justice system as a whole.
(Tape Change, HFC 94-78, Side 2)
Mr. Guaneli emphasized that the legislation is not a radical
departure from current presumptive sentencing. He stressed
that the notion of increasing penalties for successive
offenses is not new to Alaska. He acknowledged that trials
will be long and difficult. He added that motions to set
aside previous convictions will be more common. He noted
that the majority of non-murder offenders, with multiple
convictions, would be sentenced to between 30 - and 50 years
under presumptive sentences, without the legislation. He
estimated that the legislation would result in these
offenders receiving double the sentence.
Representative Brown referred to page 1, line 13,
"punishments for criminal offenses should be proportionate
to both the seriousness of the crime and the prior criminal
history of the offender." She questioned if the issuance of
the same sentence for a person who murders and a person who
doesn't is appropriate.
Representative Bunde pointed out that those that come before
the purview of the bill have a history of crime. He
emphasized that prisoners receive time off for good
behavior. He asserted that the general public is looking to
the legislature to address their concerns.
In response to a question by Representative Hoffman, Ms.
Schenker addressed the needs of a new correctional facility.
She noted that the prisons are already overcrowded. She
estimated that the state of Alaska will begin to experience
the fiscal impact of the legislation in twelve years. She
discussed the department's attempts in acquiring additional
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beds.
Representative Brown noted concerns that a disproportional
number of minorities could be prosecuted under the
discretion to prosecute. Mr. Guaneli stressed that
discretion to prosecute would not be based on racial or
other improper lines. He suggested that the provision for
prosecutorial discretion could positively affect the
proportion of minority cases.
Representative Brown queried what factors would be present
for prosecutors to seek the mandatory 99 year sentence. Mr.
Guaneli stressed the lack of rehabilitation potential and
greater than ordinary culpability.
Representative Martin echoed concerns that race not be a
factor in the decision to prosecute.
Discussion pursued in regards to funding needs and sources
for crime legislation passed by the Committee.
Representative Hanley MOVED to report CSHB 334 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. Co-Chair MacLean OBJECTED. A
roll call vote was taken on the motion.
IN FAVOR: Hanley, Martin, Parnell, Therriault, Larson
OPPOSED: Brown, Hoffman, MacLean
Representatives Foster, Grussendorf and Navarre were not
present for the vote.
Lacking a quorum majority of six the MOTION FAILED (5-3).
HB 334 failed to move from Committee on a vote of 5 to 3.
ADJOURNMENT
The meeting adjourned at 2:50 p.m.
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