Legislature(2019 - 2020)ADAMS ROOM 519

04/22/2019 04:00 PM House FINANCE

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

Audio Topic
04:00:13 PM Start
04:00:52 PM Presentation: Criminal Justice Reform Update
05:12:20 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Criminal Justice Reform Update TELECONFERENCED
+ Bills Previously Heard/Scheduled TELECONFERENCED
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 22, 2019                                                                                            
                         4:00 p.m.                                                                                              
                                                                                                                                
4:00:13 PM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Wilson called the House Finance Committee meeting                                                                      
to order at 4:00 p.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Tammie Wilson, Co-Chair                                                                                          
Representative Jennifer Johnston, Vice-Chair                                                                                    
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative Andy Josephson                                                                                                   
Representative Gary Knopp                                                                                                       
Representative Bart LeBon                                                                                                       
Representative Kelly Merrick                                                                                                    
Representative Colleen Sullivan-Leonard                                                                                         
Representative Cathy Tilton                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Nancy Meade, General Counsel, Alaska Court System; Jen                                                                          
Winkleman, Director, Division of Parole and Probation,                                                                          
Department of Corrections.                                                                                                      
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Dan Traxinger, Classification Supervisor, Department of                                                                         
Corrections; Jeff Edwards, Executive Director, Parole                                                                           
Board, Department of Corrections.                                                                                               
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
PRESENTATION: CRIMINAL JUSTICE REFORM UPDATE                                                                                    
                                                                                                                                
Co-Chair Wilson reviewed the meeting agenda.                                                                                    
                                                                                                                                
^PRESENTATION: CRIMINAL JUSTICE REFORM UPDATE                                                                                 
                                                                                                                                
4:00:52 PM                                                                                                                    
                                                                                                                                
NANCY   MEADE,  GENERAL   COUNSEL,   ALASKA  COURT   SYSTEM,                                                                    
discussed violations of probation  and parole. She explained                                                                    
that the court ordered probation  and had nothing to do with                                                                    
parole, which  was handled by the  Department of Corrections                                                                    
(DOC).  A  person can  simultaneously  be  on probation  and                                                                    
parole. She related that the  maximum sentences were changed                                                                    
in SB 91-Omnibus Crim Law  & Procedure; Corrections [CHAPTER                                                                    
36  SLA  16  -  07/11/2016]. She  listed  the  maximums  for                                                                    
certain crimes. She specified that  the maximum for a felony                                                                    
sex  offense was  15 years,  an unclassified  felony was  10                                                                    
years,  and other  felonies were  5 years.  The maximum  for                                                                    
crimes  against   a  person  including   assaults,  domestic                                                                    
violence and sex crimes that  were misdemeanors was 3 years,                                                                    
2 years for  a second Driving Under the  Influence (DUI) and                                                                    
1  year for  other  misdemeanors. She  furthered that  there                                                                    
were minimums  for sex felonies: unclassified  was 15 years,                                                                    
Class A  or B felony  sex crimes was  10 years, and  Class C                                                                    
felony  sex  crimes   was  5  years.  The   court  had  some                                                                    
discretion to order probationary  terms. She delineated that                                                                    
during a  probationary term the  law allowed an  offender to                                                                    
get   off  probation   earlier  than   the  court   ordered.                                                                    
Currently,   a   probation   officer   could   recommend   a                                                                    
termination of  probation for the offender  who followed all                                                                    
the conditions  of probation after serving  a certain length                                                                    
of  time. The  time  periods  had been  adjusted  in SB  54-                                                                    
Crimes; Sentencing; Probation; Parole  [CHAPTER 1 4SSLA 17 -                                                                    
11/26/2017]. Presently, a  probation officer could recommend                                                                    
a termination of  probation after 2 years for Class  A and B                                                                    
felonies  and  one year  for  Class  C felonies.  The  early                                                                    
termination  did not  apply  to  unclassified offenses,  sex                                                                    
offences or domestic violence. She  noted that SB 54 changed                                                                    
the time  from one year to  18 months and SB  91 allowed for                                                                    
credits for  time on probation;  for each month  an offender                                                                    
complied with conditions a month  could be shortened off the                                                                    
end of their time period.                                                                                                       
                                                                                                                                
4:05:14 PM                                                                                                                    
                                                                                                                                
Ms. Mead  discussed the many  conditions that a  court could                                                                    
impose on probation. Some conditions  must always be imposed                                                                    
like;  obeying   all  state  and  federal   laws  and  other                                                                    
conditions depended on the crime  committed. Two of the most                                                                    
common conditions were to comply  with a probation officers                                                                     
orders  and  the offender  must  undergo  an assessment  and                                                                    
follow  the recommendation  of the  assessor. She  qualified                                                                    
that one exception was mandatory sex offender treatment.                                                                        
                                                                                                                                
4:06:35 PM                                                                                                                    
                                                                                                                                
Representative  Josephson  used  an example  of  a  six-year                                                                    
sentence  with   three  years   suspended.  He   noted  that                                                                    
suspension was different than three years of probation.                                                                         
                                                                                                                                
Co-Chair Wilson asked if he  meant three years' probation or                                                                    
three years' parole.                                                                                                            
                                                                                                                                
Ms. Mead  interjected that  the good  time credit  an inmate                                                                    
received  reduced  the  length  of  sentenced  incarceration                                                                    
time.  The  credit  was  statutorily  mandated  and  termed,                                                                    
 mandatory    parole.    Mandatory    parole   was    served                                                                    
simultaneously  with a  probationary period.  The individual                                                                    
could be  brought to  the court under  a petition  to revoke                                                                    
probation or the parole board  to revoke parole depending on                                                                    
the violation. The  court or parole board  could then impose                                                                    
the suspended time for violating  conditions of release. The                                                                    
legislature had  added technical conditions of  probation in                                                                    
SB 91.  She explained that  if the  violation was not  a new                                                                    
crime  or   failure  to  meet  certain   conditions  it  was                                                                    
considered a technical violation.  The first several times a                                                                    
person received  a petition to  revoke probation  was capped                                                                    
at 3, 5, and 10 days  and if a fourth violation occurred all                                                                    
the suspended time could be re-imposed.                                                                                         
                                                                                                                                
Co-Chair  Wilson asked  how many  people  were currently  on                                                                    
probation and parole with technical violations.                                                                                 
                                                                                                                                
4:09:23 PM                                                                                                                    
                                                                                                                                
Ms. Mead deferred to the Department of Corrections.                                                                             
                                                                                                                                
JEN WINKLEMAN,  DIRECTOR, DIVISION OF PAROLE  AND PROBATION,                                                                    
DEPARTMENT  OF   CORRECTIONS,  would  follow  up   with  the                                                                    
information.                                                                                                                    
                                                                                                                                
Representative Josephson thought  that mandatory release was                                                                    
not  really something  a parole  board dealt  with; it  just                                                                    
meant  a person  was  incarcerated  for 3  of  their 6  year                                                                    
sentence, as an example.                                                                                                        
                                                                                                                                
Ms. Mead replied  that was her understanding,  but she tried                                                                    
not  to answer  questions about  parole because  it was  not                                                                    
under the court's purview.                                                                                                      
                                                                                                                                
Representative   Carpenter  asked   for  clarity   regarding                                                                    
technical  violations.  Ms.  Mead  replied that  SB  91  had                                                                    
included   a  provision   about   technical  violations   of                                                                    
probation.  She provided  examples of  technical violations.                                                                    
The  first  offense,  when  a   probation  officer  filed  a                                                                    
petition  to revoke  the  probation  (PTRP) was  statutorily                                                                    
limited  to a  penalty 3  days,  the second  time the  judge                                                                    
could impose  5 days and then  10 days for a  third time and                                                                    
any  violations  thereafter was  subject  to  the amount  of                                                                    
suspended  time.   She  furthered  that  the   exception  to                                                                    
technical  violations  applied to  a  new  crime or  if  the                                                                    
offender skipped treatment.                                                                                                     
                                                                                                                                
4:11:50 PM                                                                                                                    
                                                                                                                                
Representative Josephson asked  if during the 3,  5, and 10-                                                                    
day technical  violation hearings the defendant  could prove                                                                    
that  the violation  did not  occur; therefore,  was not  an                                                                    
automatic   imposition.   Ms.    Mead   responded   in   the                                                                    
affirmative. She  relayed that  in the  case of  a three-day                                                                    
maximum  penalty  the  defendant  often  plead  guilty.  She                                                                    
reported that the court had  experienced very few trials for                                                                    
technical violations. She  remembered that another exception                                                                    
to technical violations included sex offenses.                                                                                  
                                                                                                                                
Co-Chair  Wilson  moved  to   conclude  a  prior  unfinished                                                                    
presentation.                                                                                                                   
                                                                                                                                
Ms. Winkleman continued  reviewing a PowerPoint presentation                                                                    
[last  heard on  April  18, 2019]  titled "Criminal  Justice                                                                    
Review:  The Story  of  Offender Joe"  (copy  on file).  She                                                                    
began on slide 10 titled Offender Joe's Transition From An                                                                      
Unsentenced to Sentenced Inmate;                                                                                                
                                                                                                                                
          Offender Joe pleads guilty or is convicted at                                                                         
     trial of 2 counts of                                                                                                       
     Misconduct Involving Controlled Substance II                                                                               
          Offender  Joe received  a sentence  of 2  years on                                                                    
     each count, with 6 months  suspended, 3 years to serve.                                                                    
     The court  also sentenced  Offender Joe  to 2  years of                                                                    
     probation.                                                                                                                 
          Because Offender Joe was  sentenced to longer than                                                                    
     30  days,   he  will  be  evaluated   for  an  Offender                                                                    
     Management Plan (OMP)                                                                                                      
          Offender   Joe  will   mandatorily  release   from                                                                    
     incarceration  after serving  2/3  of  the sentence  to                                                                    
     probation and  parole. The  Parole Board  may authorize                                                                    
     early  release to  discretionary  parole  prior to  the                                                                    
     mandated release date.                                                                                                     
                                                                                                                                
Ms.  Winkleman  reiterated  that  the  statutory  good  time                                                                    
credit   was  two-thirds   [one-third]  off   for  mandatory                                                                    
release.  She indicated  that  with 3  years  to serve,  Joe                                                                    
would  be released  in 2  years  and would  be on  mandatory                                                                    
parole for one year.                                                                                                            
                                                                                                                                
4:16:23 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilson  asked for  verification the  sentence would                                                                    
be  two-thirds, not  one-third. Ms.  Winkleman affirmed  and                                                                    
corrected that  the one-third off  was the  mandatory parole                                                                    
time.                                                                                                                           
                                                                                                                                
Ms.  Winkleman moved  to slide  11  titled  OMP  Guidelines-                                                                    
LSISV Level Service Inventory Screening Version:                                                                                
                                                                                                                                
     All  offenders  sentenced  to 30  days  or  more,  will                                                                    
     receive LSISV and Offender Management Plan (OMP)                                                                           
                                                                                                                                
      All  offenders  who score  medium  risk  or higher  on                                                                    
     LSISV  (3  or  higher)  will receive  a  Level  Service                                                                    
     Inventory Revised (LSIR)                                                                                                   
                                                                                                                                
      OMP is  completed with Offender Joe    provided within                                                                    
     90 days of sentencing                                                                                                      
                                                                                                                                
      Is   a  working   document  while   Offender  Joe   is                                                                    
     incarcerated                                                                                                               
                                                                                                                                
      The OMP  is often referred  to as the reentry  plan or                                                                    
     release plan                                                                                                               
                                                                                                                                
Ms.  Winkleman explained  that the  Level Service  Inventory                                                                    
Screening  Version (LSISV)  was an  assessment tool  used by                                                                    
the Department  of Corrections (DOC)  and any  offenders who                                                                    
scored medium risk  or higher would receive  a Level Service                                                                    
Inventory Revised  (LSIR). The  revised assessment  was more                                                                    
detailed and  contained 54 questions  versus 8  questions on                                                                    
the  LSISV.  The  revised version  identified  the  risk  of                                                                    
recidivism.  The   LSISV  was  still   predictive  regarding                                                                    
offender management.  She characterized the OMP  as a living                                                                    
document.                                                                                                                       
                                                                                                                                
Co-Chair Wilson  asked whether the  inmate received  a paper                                                                    
copy of the plan. Ms. Winkleman deferred to a colleague.                                                                        
                                                                                                                                
DAN  TRAXINGER,  CLASSIFICATION  SUPERVISOR,  DEPARTMENT  OF                                                                    
CORRECTIONS   (via    teleconference),   replied    in   the                                                                    
affirmative.  He viewed  the OMP  as the  inmates  road  map                                                                    
through the whole rehabilitation process.                                                                                       
                                                                                                                                
Co-Chair Wilson  found his answer  interesting.   She shared                                                                    
that she  had recently  visited a  prison and  offenders did                                                                    
not  have a  physical  copy  of the  OMP  and  did not  know                                                                    
exactly what an OMP was. Mr. Traxinger would follow up.                                                                         
                                                                                                                                
4:20:22 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilson provided an example  of a person in jail for                                                                    
9 months and  had not yet been sentenced. She  asked what an                                                                    
unsentenced offender  could do while waiting.  Mr. Traxinger                                                                    
answered  that  what  programs   were  available  varied  by                                                                    
institution.  An unsentenced  inmate  may  participate in  a                                                                    
program. Co-Chair  Wilson used the Lemon  Creek Correctional                                                                    
Center  (LCCC)in  Juneau  as   an  example.  She  asked  Mr.                                                                    
Traxinger  to  list  the  programs  available  in  LCCC  for                                                                    
unsentenced individuals  and whether the inmates  were aware                                                                    
of the  programs. Mr. Traxinger asked  for clarification. He                                                                    
asked if  Co-Chair Wilson was  inquiring whether  there were                                                                    
programs  available for  unsentenced  inmates  at LCCC.  Co-                                                                    
Chair  Wilson  replied  in the  affirmative.  Mr.  Traxinger                                                                    
noted that  programs were available,  but he did not  have a                                                                    
list on  hand. Co-Chair Wilson  shared that she  met inmates                                                                    
that  expressed  frustration.  The inmates  were  unable  to                                                                    
participate in any program because they were unsentenced.                                                                       
                                                                                                                                
Ms. Winkleman continued to slide 11 titled "OMP Plan":                                                                          
                                                                                                                                
        • As a working document, the Offender Management                                                                      
         Plan (OMP) includes, but not limited to:                                                                               
                                                                                                                                
        o Program completion dates                                                                                              
        o Referrals should reflect risk/needs/responsivity                                                                      
          of LSIR and professional recommendations of PO                                                                        
        o Housing                                                                                                               
        o Employment or alternate means of support                                                                              
        o Treatment                                                                                                             
        o Counseling services                                                                                                   
        o Education or job training services                                                                                    
        o Any other requirements for successful transition                                                                      
          back to the community, including EM or furlough                                                                       
          for the period between a scheduled parole hearing                                                                     
          and parole eligibility                                                                                                
                                                                                                                                
Ms. Winkleman  reported that the OMP  was frequently updated                                                                    
by the  institutional probation officer (PO)  with referrals                                                                    
and program completions while in custody.                                                                                       
                                                                                                                                
Vice-Chair  Johnston   discussed  whether  a   person  could                                                                    
participate  in  treatment  or if  it  depended  on  program                                                                    
availability.  Ms. Winkleman  replied that  it was  only the                                                                    
case  if treatment  was available  at  the institution.  The                                                                    
offenders could place themselves  on a waitlist, which would                                                                    
demonstrate an attempt to comply with court orders.                                                                             
                                                                                                                                
Co-Chair  Wilson noted  the committee  would review  the DOC                                                                    
programs the  following Wednesday. She asked  DOC to provide                                                                    
the  waitlist  numbers  and  the   length  of  the  programs                                                                    
available.                                                                                                                      
                                                                                                                                
Representative  Josephson  confirmed  that the  OMP  existed                                                                    
prior to  SB 91  and noted that  the administration  was not                                                                    
asking to  end the  OMP. Co-Chair Wilson  stated it  was her                                                                    
understanding  that  prior  to  SB  91  the  plan  was  only                                                                    
presented  a  few  years  before   release.  She  asked  for                                                                    
confirmation. Ms. Winkleman deferred to her colleague.                                                                          
                                                                                                                                
Mr. Traxinger answered that the  OMP started in 2010 and was                                                                    
called the   IRP.  The requirement  passed in  SB 64-Omnibus                                                                    
Crime/Corrections/Recidivism  Bill  [CHAPTER  83  SLA  14  -                                                                    
07/16/2014] with the timelines currently in place.                                                                              
                                                                                                                                
4:26:26 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter asked  what  tied  the failure  to                                                                    
follow  the OMP  to  probation or  a  parole violation.  Ms.                                                                    
Winkleman answered  that because an inmate  had not released                                                                    
on probation or  parole the OMP was not tied  to a violation                                                                    
but was indicative  of their behavior and  compliance in the                                                                    
institution. Representative Carpenter  surmised that someone                                                                    
on  probation  had  already  completed   an  OMP  plan.  Ms.                                                                    
Winkleman replied  that an OMP  would be completed  prior to                                                                    
their release  and would follow  the inmate to  probation or                                                                    
parole. Representative  Carpenter deduced that the  OMP plan                                                                    
followed  the  offender to  the  field  parole or  probation                                                                    
officer.  Ms. Winkleman  answered  in  the affirmative.  She                                                                    
moved to slide  12 titled  Offender Joe may  be eligible for                                                                    
community placement towards the end of his sentence.:                                                                           
                                                                                                                                
     Community Residential Centers (CRC)                                                                                        
                                                                                                                                
     ?    Furlough                                                                                                              
     ?    Inpatient Treatment                                                                                                   
                                                                                                                                
     Electronic Monitoring (EM)                                                                                                 
                                                                                                                                
     ?    While incarcerated, if eligible, he can apply to                                                                      
          serve the remainder of his sentence on electronic                                                                     
          monitoring.                                                                                                           
                                                                                                                                
Mr. Traxinger elaborated on the  slide. He reported that the                                                                    
inmate must meet certain criteria  to be placed on furlough.                                                                    
He  discussed  that the  offender  must  serve one-third  of                                                                    
their  sentence  and  based on  their  classification  would                                                                    
determine  the length  of furlough  in community  placement.                                                                    
The minimum  and medium custody inmates  were furloughed for                                                                    
the last three  and two years of their  sentence. The higher                                                                    
risk, sex  offenders, and arsonists  had closed  custody and                                                                    
were ineligible for furlough.                                                                                                   
                                                                                                                                
4:29:33 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilson  asked if all CRCs  had inpatient treatment.                                                                    
Mr. Traxinger  answered in the  negative. He  commented that                                                                    
there were  specific treatment locations that  were furlough                                                                    
eligible.  He  provided  a  facility   in  Anchorage  as  an                                                                    
example.   Co-Chair   Wilson  requested   more   information                                                                    
regarding the  facility and  program. Mr.  Traxinger offered                                                                    
to follow up.                                                                                                                   
                                                                                                                                
Representative Carpenter asked  if individuals were referred                                                                    
to  a  CRC  that  did not  offer  treatment.  Mr.  Traxinger                                                                    
answered that treatment  was addressed in a  couple of ways;                                                                    
either  treatment at  the CRC  or via  a community  partner.                                                                    
Representative  Carpenter  asked  for clarification  that  a                                                                    
person could  get referred to  a CRC  that did not  have the                                                                    
required  treatment  but  would  receive  treatment  offered                                                                    
outside the  CRC and  was only the  case when  an individual                                                                    
was classified with a risk  level allowing them to leave the                                                                    
CRC.  Mr.  Traxinger  clarified  that  once  an  inmate  was                                                                    
approved for furlough, they  could receive treatment through                                                                    
a community  partner. Representative Carpenter asked  if low                                                                    
and  medium  inmates  could  leave   a  CRC.  Mr.  Traxinger                                                                    
answered in the affirmative.                                                                                                    
                                                                                                                                
Co-Chair Wilson asked for the  list of service providers and                                                                    
which CRCs had  inpatient treatment and if not  where in the                                                                    
community  the  service  was  provided   and  who  paid  the                                                                    
community  partner.  Mr.  Traxinger agreed  to  provide  the                                                                    
information.                                                                                                                    
                                                                                                                                
Ms. Winkleman  continued to address  slide 12  regarding EM.                                                                    
She  elaborated that  an  inmate could  apply  to serve  the                                                                    
remainder  of   their  sentence   on  EM.  She   listed  the                                                                    
eligibility  requirements as  follows:  the  charge did  not                                                                    
include  domestic  violence;  the inmate  was  within  three                                                                    
years  of their  release date;  and they  could not  carry a                                                                    
closed custody classification.                                                                                                  
                                                                                                                                
Co-Chair  Wilson asked  for a  definition of  closed custody                                                                    
inmate.                                                                                                                         
                                                                                                                                
Mr. Traxinger  reiterated that the DOC  had a classification                                                                    
system and  inmates were classified  as minimum,  medium, or                                                                    
closed custody.  He explained  that closed  custody depended                                                                    
on a person's  scoring in the classification  matrix and was                                                                    
based  on  the  type   of  conviction,  and  behavior  while                                                                    
incarcerated.                                                                                                                   
                                                                                                                                
4:34:05 PM                                                                                                                    
                                                                                                                                
Co-Chair Wilson needed clarity. She  asked for an example of                                                                    
the crimes  a person  may have committed  to fall  under the                                                                    
closed  category.  Mr.  Traxinger  replied  that  an  inmate                                                                    
convicted  of  murder  in  the first  degree  was  a  closed                                                                    
classification   for  the   first   year  of   incarceration                                                                    
indicating  a  high risk.  Other  crimes  like assaults  and                                                                    
combined   with   other   criteria   that   included   their                                                                    
disciplinary    history   would    lead   to    the   closed                                                                    
classification. He  exemplified the  if an inmate  was found                                                                    
guilty of a sexual act  or assaulted another inmate while in                                                                    
custody  would  likely   increase  their  classification  to                                                                    
closed custody.                                                                                                                 
                                                                                                                                
Co-Chair  Wilson asked  for verification  the state  was not                                                                    
letting  people  who  murdered   people  out  on  electronic                                                                    
monitoring. Ms.  Winkleman replied  that closed  custody was                                                                    
not  eligible  for   EM.  She  added  that   an  inmate  was                                                                    
ineligible  for EM  if they  had  a major  or high  moderate                                                                    
infraction within the last 120  days of their incarceration.                                                                    
Co-Chair  Wilson  assumed  that  the inmate  would  also  be                                                                    
ineligible for  good time  credit. Ms.  Winkleman elaborated                                                                    
that as  a result  of a disciplinary  matter a  person could                                                                    
loose   good  time   credit  but   could  appeal   to  their                                                                    
institutions    superintendent    for   reinstatement.   Ms.                                                                    
Winkleman  answered that  short-time  inmates (sentenced  to                                                                    
less  than one  year) were  approved for  release via  EM by                                                                    
their supervisor  and long-time inmates (sentenced  over one                                                                    
year) were approved by the  directors  office and their OMPs                                                                    
would be updated reflecting their conditions of release.                                                                        
                                                                                                                                
4:36:37 PM                                                                                                                    
                                                                                                                                
Ms. Winkleman continued to slide 13:                                                                                            
                                                                                                                                
     Offender  Joe   has  Probation  and   Parole  following                                                                    
     release  from  incarceration.  Institutional  Probation                                                                    
     Officers send  a Notification of  Release (NOR)  to the                                                                    
     Field  Parole/Probation   office.  This   NOR  includes                                                                    
     Offender Joe's Offender  Management plan and conditions                                                                    
     of Parole/Probation supervision.                                                                                           
                                                                                                                                
Ms.  Winkleman elucidated  that  the process  listed on  the                                                                    
slide was  completed within 30  days of the  pending release                                                                    
except for sex offenders.  She communicated that the release                                                                    
process for  sex offenders  started earlier    90  days. The                                                                    
institutional officers were starting  to plan the polygraphs                                                                    
and containment model supervision approach.                                                                                     
                                                                                                                                
Ms.  Winkleman turned  to slide  14  titled  Offender  Joe's                                                                    
Parole Options:                                                                                                                 
                                                                                                                                
     The below calculations  are based on the  3 year prison                                                                    
     sentence issued by the Court.                                                                                              
                                                                                                                                
     Offender Joe will be  eligible for Discretionary parole                                                                    
     after   serving   9    months.   Early   release   from                                                                    
     incarceration will  be at the discretion  of the Parole                                                                    
     Board.                                                                                                                     
                                                                                                                                
     If  denied  Discretionary  parole,  Offender  Joe  will                                                                    
     release to Mandatory parole after  serving 2 years (2/3                                                                    
     of the sentence) provided he does not lose any                                                                             
     statutory good time.                                                                                                       
                                                                                                                                
Representative LeBon  asked about electronic  monitoring and                                                                    
the  program's  success.  Ms.  Winkleman  replied  that  she                                                                    
believed the program was very  successful and the department                                                                    
had  an   excellent  policy.   She  characterized  EM  as  a                                                                    
reward. She  detailed that  within the  last 12  months less                                                                    
than  one  percent escaped.  The  department  did not  track                                                                    
individuals following  release to  know about  recidivism of                                                                    
individuals  that had  been on  EM  but felt  that that  the                                                                    
results were pretty good.                                                                                                       
                                                                                                                                
Co-Chair  Wilson asked  if there  was a  similar record  for                                                                    
pretrial.  Ms. Winkleman  replied  there were  not the  same                                                                    
results  due  to  the  number ordered  by  the  courts.  The                                                                    
individuals did not apply for EM, the court ordered it.                                                                         
                                                                                                                                
Co-Chair Wilson  surmised that  both programs  were operated                                                                    
by  DOC,  but  the  inmate released  from  prison  was  more                                                                    
successful because  EM was desired by  the individual versus                                                                    
in pretrial  where the  court ordered to  option of  EM. She                                                                    
asked  whether  the  pretrial  individual  could  refuse  EM                                                                    
release.                                                                                                                        
                                                                                                                                
4:42:28 PM                                                                                                                    
                                                                                                                                
Ms.   Winkleman  stated   it  was   her  understanding   the                                                                    
individual could not refuse EM in pretrial.                                                                                     
                                                                                                                                
Representative Josephson asked if EM  was part of a pretrial                                                                    
bail application.  He thought that  EM was granted due  to a                                                                    
request from  the defendant and  attorney asking a  judge to                                                                    
give the  defendant a break.  Ms. Winkleman deferred  to Ms.                                                                    
Mead.                                                                                                                           
                                                                                                                                
Ms.  Mead explained  the way  a bail  review or  arraignment                                                                    
worked. She  communicated that the bail  hearing decided two                                                                    
factors:  should   a  person  be   released  on   their  own                                                                    
recognizance (OR) or if monetary  bail was necessary because                                                                    
of  a risk  of failure  to  appear or  was a  threat to  the                                                                    
community. She  shared that  if a  person was  released, she                                                                    
had never  heard a defendant  say they would rather  stay in                                                                    
jail. She  thought that  the scenario  could  hypothetically                                                                    
happen.   The prosecutor  could offer  clear and  convincing                                                                    
evidence to hold a person  in jail or request monetary bail.                                                                    
The matrix  was for nonviolent  crimes against a  person and                                                                    
nonserious felonies.  The matrix  offered a  presumption and                                                                    
did  not directly  specify whether  EM was  appropriate. The                                                                    
court   would   be   free  to   impose   conditions   deemed                                                                    
appropriate.                                                                                                                    
                                                                                                                                
4:45:45 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter   asked  who  made   the  decision                                                                    
whether EM  went forward. Ms.  Winkleman answered that  if a                                                                    
person  was sentenced  to  one year  or  less the  probation                                                                    
supervisor would  make the  decision and  if over  one year,                                                                    
the director's  office made the  decision. She  reminded the                                                                    
committee   that   the  inmate   had   to   apply  for   EM.                                                                    
Representative Carpenter asked  about the furlough condition                                                                    
that  required  the  inmate  to  serve  one-third  of  their                                                                    
sentence prior  to furlough. Ms.  Winkleman deferred  to Mr.                                                                    
Traxinger.                                                                                                                      
                                                                                                                                
Mr.  Traxinger  answered  that furlough  required  that  the                                                                    
inmate  served one-third  of their  sentence. Representative                                                                    
Carpenter  asked if  it also  applied to  EM. Mr.  Traxinger                                                                    
deferred the question to Ms. Winkleman.                                                                                         
                                                                                                                                
Ms.   Winkleman   responded   answered  in   the   negative.                                                                    
Representative Carpenter  asked if there was  a minimum time                                                                    
required before  granting EM. Ms.  Winkleman replied  in the                                                                    
negative.                                                                                                                       
                                                                                                                                
4:48:16 PM                                                                                                                    
                                                                                                                                
Vice-Chair Ortiz recalled that only  some areas of the state                                                                    
had access to EM. He asked  whether that was still the case.                                                                    
Ms.  Winkleman answered  in the  affirmative. She  expounded                                                                    
that the equipment did not work  in some areas or there were                                                                    
not probation officers to  monitor the equipment. Vice-Chair                                                                    
Ortiz asked if it was the same for the Court System                                                                             
                                                                                                                                
Ms. Mead  answered that the  Court System did  not supervise                                                                    
EM. Vice-Chair Ortiz  asked if some people had  access to EM                                                                    
and others  did not  under pretrial circumstances.  Ms. Mead                                                                    
answered in the affirmative.                                                                                                    
                                                                                                                                
Representative   Josephson   referenced   the   parole   and                                                                    
probation discussion.  He exemplified  someone with  a nine-                                                                    
year  felony sentence  with three  years  suspended and  six                                                                    
years  to  serve.  He  assumed   that  the  person  received                                                                    
mandatory  parole after  4 years.  He  wondered whether  the                                                                    
parole  board  could reinstate  time  for  an egregious  act                                                                    
perpetrated  by  the  offender after  release  on  mandatory                                                                    
parole. He  asked if  the board  could impose  the suspended                                                                    
time  along  with revoking  the  mandatory  parole time  and                                                                    
whether  the suspended  time and  mandatory parole  time was                                                                    
running concurrently or consecutively.                                                                                          
                                                                                                                                
4:52:01 PM                                                                                                                    
                                                                                                                                
Ms.   Winkleman  responded   that   the   items  could   run                                                                    
simultaneously. She  delineated that  DOC had a  policy that                                                                    
it would file with only  one entity for technical violations                                                                    
- they  filed first  with the  Parole Board.  She understood                                                                    
that  the  last  entity  imposing a  sentence  would  decide                                                                    
whether the time ran consecutively or concurrently.                                                                             
                                                                                                                                
Co-Chair  Wilson  moved  to the  next  testifier  and  would                                                                    
follow  up with  Representative Josephson's  question if  he                                                                    
was unable to answer the follow up question.                                                                                    
                                                                                                                                
JEFF EDWARDS,  EXECUTIVE DIRECTOR, PAROLE  BOARD, DEPARTMENT                                                                    
OF  CORRECTIONS  (via   teleconference),  replied  that  the                                                                    
paroling system dealt with prison  terms and the court dealt                                                                    
with  suspended   terms.  The  board  and   courts  operated                                                                    
independently  of  each  other. He  referenced  the  example                                                                    
provided by  Representative Josephson  and answered  that if                                                                    
the   inmate  violated   mandatory   parole  and   probation                                                                    
(suspended  time)  with  a non-technical  violation  (a  new                                                                    
criminal offense) or if a  sex offender violated a condition                                                                    
of release the board could  impose the mandatory parole time                                                                    
and the court could impose  the suspended period of time. He                                                                    
noted that technical violations were a separate issue.                                                                          
                                                                                                                                
Co-Chair Wilson  asked for  an explanation  of discretionary                                                                    
parole. Mr. Edwards explained  that following sentencing DOC                                                                    
did   math  calculations   called   time   accounting.   The                                                                    
department issue  a time sheet  based on the  sentence using                                                                    
the math calculations. If the  sentence was in excess of 180                                                                    
days,  the  equations  included  two  parts:  the  mandatory                                                                    
release  date and  the  discretionary  application date.  He                                                                    
commented  that  an  inmate was  automatically  released  on                                                                    
mandatory parole  after serving two-thirds of  a sentence if                                                                    
they had not  lost any statutory good time  while in prison.                                                                    
Prior to  mandatory parole, most inmates  sentenced after SB
91  were eligible  for discretionary  parole. He  noted that                                                                    
the time  calculation was more  complicated. He  cited slide                                                                    
14 as an example.                                                                                                               
4:58:24 PM                                                                                                                    
                                                                                                                                
Representative Carpenter asked  whether discretionary parole                                                                    
existed  prior  to  the  adoption  of  SB  91.  Mr.  Edwards                                                                    
corrected  that  discretionary  parole  had  been  available                                                                    
since  statehood. He  communicated that  SB 91  expanded the                                                                    
class  of  crimes  eligible  for  discretionary  parole.  He                                                                    
discussed  that prior  to  SB  91 a  more  limited class  of                                                                    
inmates were  eligible for discretionary  parole. Subsequent                                                                    
to  SB 91,  most  inmates  would be  eligible  to apply  for                                                                    
discretionary parole. Currently, Class  A, B, and C felonies                                                                    
were eligible  for discretionary  parole after  serving one-                                                                    
quarter  of  a  sentence.  He  continued  that  unclassified                                                                    
felonies,  Murder I  and II,  Mix 1,  Kidnapping, etc.  were                                                                    
eligible  for discretionary  parole after  serving one-third                                                                    
of a sentence or the  mandatory minimum whatever was longer.                                                                    
He offered that every  unclassified sentence had a mandatory                                                                    
minimum  sentence.   Under  current  law,  just   under  one                                                                    
thousand inmates  per year  were eligible  for discretionary                                                                    
parole  versus 200  prior  to  the enactment  of  SB 91.  He                                                                    
summarized  that  SB  91  impacted  the  number  of  inmates                                                                    
eligible for discretionary parole.                                                                                              
                                                                                                                                
Co-Chair  Wilson  requested  a comparison  of  discretionary                                                                    
parole before and  after SB 91 that included  the number and                                                                    
eligible  crimes.   Mr.  Edwards   agreed  to   provide  the                                                                    
information.                                                                                                                    
                                                                                                                                
Vice-Chair Johnston referenced the  OMP. She asked about the                                                                    
waitlist for  treatment programs. She asked  how many people                                                                    
on  mandatory  or  discretionary   parole  were  located  in                                                                    
communities outside of their home.                                                                                              
                                                                                                                                
Co-Chair  Wilson  requested  the answers  by  the  Wednesday                                                                    
morning meeting.                                                                                                                
                                                                                                                                
Representative Carpenter asked  whether statute impacted the                                                                    
discretion  of  the  parole  board  or  if  they  maintained                                                                    
complete discretion.                                                                                                            
                                                                                                                                
5:03:39 PM                                                                                                                    
                                                                                                                                
Mr. Edwards  responded that two  sections in  statute guided                                                                    
the parole board when making  release decisions. He detailed                                                                    
that  one  was specific  to  unclassified  felonies and  the                                                                    
other governed the remainder of  the felonies. The board may                                                                    
release a  person on  discretionary parole  for unclassified                                                                    
felonies based  on four  governing factors.  The regulations                                                                    
contained 23  factors for the  parole board to  consider. He                                                                    
furthered that  for Class A, B,  and C felonies there  was a                                                                    
 shall   release provision  in Alaska  statute AS  33.16.100                                                                    
(f). He read the statute as follows:                                                                                            
                                                                                                                                
     (f)  The  board  shall  authorize   the  release  of  a                                                                    
     prisoner who has been convicted  of a class A, class B,                                                                    
     or class  C felony, or  a misdemeanor, who  is eligible                                                                    
     for  parole under  AS 12.55.115  and AS  33.16.090, has                                                                    
     met the  requirement of  a case  plan created  under AS                                                                    
     33.30.011(a)(8),  and  has  agreed to  and  signed  the                                                                    
     condition  of parole  under  AS  33.16.150, unless  the                                                                    
     board  finds by  clear and  convincing evidence  on the                                                                    
     record that the prisoner poses  a threat of harm to the                                                                    
     public if released  on parole. If the  board finds that                                                                    
     the  incomplete  case plan  is  not  the fault  of  the                                                                    
     prisoner or that  the prisoner would not  pose a threat                                                                    
     of harm to the public  if released on parole, the board                                                                    
     may waive the case plan requirement.                                                                                       
                                                                                                                                
Mr. Edwards recapped  that the statute included  a  may  and                                                                    
 shall   clause  based on  the  presumption  of release.  He                                                                    
delineated  that  if it  was  determined  that the  offender                                                                    
would be  compliant with their  OMP upon release,  the shall                                                                    
clause  applied,  unless  there  was  clear  and  convincing                                                                    
evidence releasing  an individual would present  a danger to                                                                    
the public.                                                                                                                     
                                                                                                                                
5:05:39 PM                                                                                                                    
                                                                                                                                
Representative  Josephson  was  concerned  that  the  parole                                                                    
board needed  clear and convincing evidence.  He ascertained                                                                    
that  under  SB   91,  if  the  five   member  parole  board                                                                    
unanimously believed  that an inmate was  likely to reoffend                                                                    
it was not enough to keep the inmate in prison.                                                                                 
Ms. Winkleman  continued with the  presentation on  slide 15                                                                    
titled "Offender Joe on Supervision":                                                                                           
                                                                                                                                
      Since a portion of Offender Joe's sentence was                                                                            
      suspended by the Court, he will release to probation                                                                      
      supervision                                                                                                               
      Conditions of probation are set by the Court                                                                              
      Conditions of Parole are set by the Parole Board                                                                          
      During intake, Field Offices review Offender                                                                              
      Management Plan and conditions with Offender Joe                                                                          
      Field Officers conduct a risk assessment to determine                                                                     
      the level of supervision required                                                                                         
      Offender Management Plan is updated by Field Officers                                                                     
      based on conditions of supervision and the risk/needs                                                                     
                                                                                                                                
Ms. Winkleman  moved to  slide 16  titled  Other  Factors to                                                                    
Consider Surrounding Supervision;                                                                                               
                                                                                                                                
          Earned Compliance Credits                                                                                             
          Violations                                                                                                            
          Administrative Sanctions and Incentives                                                                               
          Parole Violation Report/Petition to Revoke                                                                            
          Probation                                                                                                             
          Early Termination                                                                                                     
                                                                                                                                
Ms. Winkleman explained that  Earned Compliance Credits were                                                                    
established  in   SB  91  and  allowed   offenders  to  earn                                                                    
compliance credits for time off  supervision for 30 days for                                                                    
good   behavior.  Sex   offenders   and  domestic   violence                                                                    
offenders had to complete treatment  before credits could be                                                                    
earned.                                                                                                                         
                                                                                                                                
Ms.  Winkleman  turned  to slide  18  titled   Offender  Joe                                                                    
Completes Parole/Probation Successfully:                                                                                        
                                                                                                                                
     Upon  successful completion  of  Probation and  Parole,                                                                    
     Offender  Joe and  the Division  of Elections,  will be                                                                    
     sent a  letter stating Voter Rights  can be reinstated,                                                                    
     and supervision has been completed successfully.                                                                           
                                                                                                                                
Ms.  Winkleman  concluded  the presentation  with  slide  18                                                                    
titled      Oversight,      Reporting,     Training,     and                                                                    
Accountability.   The  slide  contained  references  to  the                                                                    
statutes that  corresponded to the  requirements DOC  had to                                                                    
comply with.                                                                                                                    
                                                                                                                                
Representative  Carpenter asked  whether data  was collected                                                                    
related  to CRC  furlough, EM,  and discretionary  parole to                                                                    
determine  when there  was a  problem  and when  the use  of                                                                    
discretion was successful. Ms.  Winkleman answered they were                                                                    
collecting  data, but  she did  not  know how  it was  used.                                                                    
Representative Carpenter  stressed that  the  pain   felt in                                                                    
communities  was  due  to crimes  by  repeat  offenders.  He                                                                    
wanted  to understand  where the  problems  with the  system                                                                    
originated.                                                                                                                     
                                                                                                                                
Co-Chair Wilson noted the Alaska Criminal Justice                                                                               
Commission would testify in a future meeting. She discussed                                                                     
the schedule for the following morning.                                                                                         
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
5:12:20 PM                                                                                                                    
                                                                                                                                
The meeting was adjourned at 5:12 p.m.                                                                                          

Document Name Date/Time Subjects
Criminal Justice Review - FINAL 4-18-19.pdf HFIN 4/22/2019 4:00:00 PM
HFIN