Legislature(1999 - 2000)

01/21/2000 01:15 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
         HOUSE JUDICIARY STANDING COMMITTEE                                                                                     
                  January 21, 2000                                                                                              
                     1:15 p.m.                                                                                                  
                                                                                                                                
COMMITTEE CALENDAR                                                                                                              
                                                                                                                                
Overview of interstate compact by: Lonzo Henderson                                                                              
                                                                                                                                
TAPE(S)                                                                                                                         
                                                                                                                                
00-3, SIDE A                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                   
                                                                                                                                
Representative Pete Kott, Chairman, convened the House Judiciary                                                                
Standing Committee meeting at 1:15 p.m.                                                                                         
                                                                                                                                
PRESENT                                                                                                                         
                                                                                                                                
Committee members present at the call to order were Representatives                                                             
Kott, Green, Croft, Rokeberg and Murkowski.                                                                                     
                                                                                                                                
SUMMARY OF INFORMATION                                                                                                          
                                                                                                                                
COMMISSIONER MARGARET PUGH, Department of Corrections, introduced                                                               
Lonzo Henderson, Deputy Director/Interstate Compact Administrator,                                                              
Division of Community Corrections.  Commissioner Pugh informed the                                                              
committee that many persons on probation and/or parole, both state                                                              
and federal, move about the country in one capacity or another.                                                                 
Therefore, states have a compact regarding how issues are handled                                                               
with people who move across state borders.  Furthermore, each state                                                             
has an interstate compact administrator and as such Mr. Henderson                                                               
represents the State of Alaska.                                                                                                 
                                                                                                                                
LONZO HENDERSON, Deputy Director/Interstate Compact Administrator,                                                              
Division of Community Corrections, Department of Corrections,                                                                   
provided the committee with an overview of the existing interstate                                                              
compact and how the proposed legislation is coming about.  He                                                                   
explained that the current compact allows for the transfer of the                                                               
supervision of people on probation or parole to another state, the                                                              
receiving state, if certain criteria are met.  Those criteria                                                                   
include the person having a residence in the receiving state, the                                                               
person being a resident of the receiving state, the person having                                                               
a home offer in that state or receiving acceptance from the compact                                                             
administrator of the receiving state that the plan is acceptable                                                                
for the rehabilitation of the person.  Due to issues that have                                                                  
arisen with the existing compact, which has been in existence since                                                             
1937, the Probation (Indisc.) Compact Administrators Association                                                                
approached the National Institute of Corrections (NIC) for                                                                      
technical assistance.  Those issues include victim notification,                                                                
the allowance of people to transfer across state lines without                                                                  
going through the interstate compact, the issuance of travel passes                                                             
that were outside the 30-day limitation and the allowance of sex                                                                
offenders to cross state lines without verification as to their                                                                 
specific location.  The NIC's position is that the current compact                                                              
is outdated and should be "revamped."  Therefore, NIC provided the                                                              
states with a draft of the proposed compact.                                                                                    
                                                                                                                                
MR. HENDERSON stated that the proposed compact will have "more                                                                  
teeth" than the existing compact.  He emphasized that any state                                                                 
[wishing to participate] would have to utilize the exact language                                                               
provided in the proposed compact; there can be no deviations.                                                                   
Therefore, under the proposed compact the state would have to                                                                   
create a state council, a interstate council and an executive                                                                   
committee.  He noted that the committee packet should include a                                                                 
breakdown regarding the cost per state that NIC projects.  The                                                                  
formation of a new interstate compact ranges in cost from $18,000                                                               
to $48,000 per year.  He pointed out that the new interstate                                                                    
compact has to be adopted by 35 states before it can become                                                                     
effective and before the rules can be established.                                                                              
                                                                                                                                
MR. HENDERSON informed the committee that at the last Interstate                                                                
Compact Administrators Association meeting a resolution to revise                                                               
the new compact and add rules was adopted.  One rule being drafted                                                              
is in regard to the development of a policy for traveling sex                                                                   
offenders.  Mr. Henderson noted that his policy for sex offenders                                                               
in Alaska is that if a sex offender wants to travel to another                                                                  
state, the travel pass has to be faxed to his office where it is                                                                
reviewed and then faxed to the receiving state.  Furthermore, if                                                                
the receiving state has registration requirements, those must be                                                                
followed.  Another issue under review is victim notification.                                                                   
Practically every state has a victim notification system and thus                                                               
it is merely a matter of coordination between states.  The new                                                                  
compact creates the Interstate Commission, which can sanction a                                                                 
state for not following the rules.  However, Mr. Henderson believes                                                             
that when an officer doesn't follow the compact rules that is an                                                                
issue that should be dealt with in that state as a personnel issue,                                                             
which is [currently] the case in Alaska.  In conclusion, Mr.                                                                    
Henderson noted that if Alaska were to consider [the new compact],                                                              
there would be an initial fiscal note of $18,000, which would cover                                                             
the creation of the state council, the executive committee and the                                                              
interstate commission.                                                                                                          
                                                                                                                                
A question and answer session followed in which Mr. Henderson                                                                   
explained that Alaska doesn't have the issues that other states are                                                             
experiencing with the existing compact and thus the adoption of the                                                             
new compact would not have relevance for Alaska.  If 35 states                                                                  
adopt the new compact and Alaska is not one of the 35, Alaska could                                                             
continue under the existing compact and states with the new compact                                                             
could continue to send people to states operating under the                                                                     
existing compact.  However, it is not clear as to whether a state                                                               
with the new compact would be able to go to court in order to                                                                   
sanction the receiving state, if the receiving state didn't follow                                                              
the procedures of the compact.  He also pointed out that no states                                                              
have adopted the new compact, although he believes Massachusetts is                                                             
reviewing the new compact.  In response to Representative Croft, he                                                             
informed the committee that the existing compact doesn't include                                                                
representation by victim's groups and thus [the division] is                                                                    
looking into drafting legislation to ensure victim notification.                                                                
                                                                                                                                
There was discussion regarding the $18,000 fiscal note.  It was                                                                 
noted that there may be fiscal notes in other areas.  Commissioner                                                              
Pugh pointed out that [the new compact] would raise the dues from                                                               
the current $2,000 to $18,000 per year in order to run the                                                                      
commission at the national level.  Furthermore, the new compact                                                                 
would require an in-state commission, which would be an additional                                                              
cost.  The discussion then turned to the difference in Alaska and                                                               
other states in that Alaska doesn't have as much bureaucracy as                                                                 
other states and thus this is less of a problem in Alaska; the                                                                  
existing compact is working in Alaska.  Therefore, Alaska needs to                                                              
wait and see what happens as far as the other states and the                                                                    
proposed compact.                                                                                                               
                                                                                                                                
During further questions and answers, Mr. Henderson said that the                                                               
[proposed new] compact would supersede state law if there is a                                                                  
conflict.  In regard to whether there would be an increased                                                                     
liability/burden to the state with the new compact if a person                                                                  
enters the state under the compact and commits a heinous act, Mr.                                                               
Henderson indicated that if the policies and procedures were                                                                    
followed, there would be no additional liability.  Regarding the                                                                
cyclical work in Alaska, Mr. Henderson noted that there have been                                                               
a few cases in which people have stayed without permission [beyond                                                              
the length of their seasonal work], but those situations were                                                                   
resolved [with] the compact administrator of the other state.                                                                   
                                                                                                                                
The questions turned to the issue of sex offenders, which are                                                                   
covered under the existing compact.  Mr. Henderson pointed out that                                                             
[the division] is looking at legislation to draft rules for travel                                                              
passes for sex offenders.  Commissioner Pugh pointed out sex                                                                    
offender travel has to be coordinated through the probation parole                                                              
officer of the sending state.  There was discussion regarding the                                                               
sex offender laws in Alaska and other states and how that is dealt                                                              
with in respect to the compact.  Mr. Henderson clarified that the                                                               
existing and the proposed compact only cover the supervision of                                                                 
those on probation or parole supervision.  In regard to cases in                                                                
which say an Alaskan on probation or parole supervision with                                                                    
electronic monitoring wants to travel to another state which                                                                    
doesn't have electronic monitoring, the case would have to be                                                                   
brought to the court for sentence modification in order for the                                                                 
person to travel to that state.                                                                                                 
                                                                                                                                
COMMITTEE ACTION                                                                                                                
                                                                                                                                
The committee took no action.                                                                                                   
                                                                                                                                
ADJOURNMENT                                                                                                                     
                                                                                                                                
The meeting took a brief at-ease in order to organize for the                                                                   
committee to hear the legislation scheduled for the day.                                                                        
Therefore, the portion of the meeting in which the scheduled                                                                    
legislation was heard is treated as a separate meeting with                                                                     
separate minutes.                                                                                                               
                                                                                                                                
NOTE:                                                                                                                           
                                                                                                                                
The meeting was recorded and handwritten log notes were taken.  A                                                               
copy of the tape(s) and log notes may be obtained by contacting the                                                             
House Records Office at 129 6th Street, Suite 229, Juneau, Alaska                                                               
99801, (907) 465-2214, and after adjournment of the second session                                                              
of the Twenty-first Alaska State Legislature this information may                                                               
be obtained by contacting the Legislative Reference Library at 129                                                              
6th Street, Suite 102, Juneau, Alaska  99801, (907) 465-3808.                                                                   
                                                                                                                                

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