01/30/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Department of Corrections | |
| HB47 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 47 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
January 30, 2013
1:03 p.m.
MEMBERS PRESENT
Representative Wes Keller, Chair
Representative Bob Lynn, Vice Chair
Representative Neal Foster
Representative Gabrielle LeDoux
Representative Charisse Millett
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
OVERVIEW(S): DEPARTMENT OF CORRECTIONS
- HEARD
HOUSE BILL NO. 47
"An Act requiring a party seeking a restraining order,
preliminary injunction, or order vacating or staying the
operation of a permit affecting an industrial operation to give
security in the amount the court considers proper for costs
incurred and damages suffered if the industrial operation is
wrongfully enjoined or restrained."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 47
SHORT TITLE: INJUNCTION SECURITY: INDUSTRIAL OPERATION
SPONSOR(S): REPRESENTATIVE(S) FEIGE, CHENAULT
01/16/13 (H) PREFILE RELEASED 1/11/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) JUD
01/30/13 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
JOSEPH SCHMIDT, Commissioner
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATEMENT: Provided information and responded to
questions during the overview of the Department of
Corrections (DOC).
RON TAYLOR, Deputy Commissioner
Office of the Commissioner - Anchorage
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Provided information and responded to
questions during the overview of the Department of
Corrections (DOC).
BILL MARTIN, Grand President
Alaska Native Brotherhood (ANB)
Juneau, Alaska
POSITION STATEMENT: Offered comments during the overview of the
Department of Corrections (DOC).
REPRESENTATIVE ERIC FEIGE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As one of the joint prime sponsors,
presented HB 47.
ACTION NARRATIVE
1:03:41 PM
CHAIR WES KELLER called the House Judiciary Standing Committee
meeting to order at 1:03 p.m. Representatives Keller,
Gruenberg, Foster, and Lynn were present at the call to order.
Representatives Millett, Pruitt, and LeDoux arrived as the
meeting was in progress.
CHAIR KELLER mentioned that the committee would not become the
sponsor of a bill currently sponsored by Representative
Gruenberg, that being HB 60, and that members have been provided
copies of a couple of court cases that he found to be of
interest.
^Overview(s): Department of Corrections
Overview(s): Department of Corrections
1:05:31 PM
CHAIR KELLER announced that the first order of business would be
an overview of the Department of Corrections (DOC).
1:06:02 PM
JOSEPH SCHMIDT, Commissioner, Department of Corrections (DOC),
after introducing accompanying staff, said the DOC has made a
lot of systemic changes over the last five to six years;
indicated that the DOC does grade and audit itself; and relayed
that 95 percent of prisoners are released within their
lifetimes, and that 50 percent of offenders are released in six
months. He referred to a PowerPoint presentation, and indicated
that included in the presentation would be information about:
the DOC's mission and goals; the trends noticed; the makeup of
the DOC's inmate populations; the DOC's intervention strategies
and risk-assessment tools; the use of electronic monitoring; the
Goose Creek Correctional Center; and the Probationer
Accountability with Certain Enforcement (PACE) pilot program.
He highlighted that in 2012, the DOC processed 40,300 bookings
of 22,000 Alaskans - many were repeat offenders and almost 2,000
of them were inebriates; that there are just under 6,000
offenders incarcerated in the DOC's facilities and halfway
houses, and via the use of electronic monitoring; that there are
about 6,100 offenders out on probation or parole; and that from
a statistical standpoint, the DOC supervises one out of every
thirty-six adult Alaskans.
COMMISSIONER SCHMIDT, referring to the aforementioned PowerPoint
presentation, relayed that the DOC's current mission statement -
"The Alaska Department of Corrections provides secure
confinement, reformative programs, and a process of supervised
community reintegration to enhance the safety of our
communities" - was put into effect in 2008; that the DOC's goals
are to protect the public, reduce recidivism, delay the need for
constructing a new prison, ensure that those incarcerated spend
their time productively, and work collaboratively to achieve the
aforementioned goals; that a graph on page 4 of the PowerPoint
presentation reflects Alaska's recidivism rates at the end of
2006 according to a study conducted by the Alaska Judicial
Council (AJC); that a graph on page 5 illustrates [from 2003 to
the present and projected to 2020] the incarcerated offender
population compared to the number of beds available; that
contracting with other states to house Alaska's prisoners has
been one method by which the DOC addresses the fact that there
are more prisoners than beds; and that the opening of the Goose
Creek Correctional Center will result in there being more beds
than prisoners for the first time in a long time, but then only
for a brief amount of time. He proffered, however, that
reducing Alaska's recidivism rates could also result in there
being more beds than prisoners even further into the future.
COMMISSIONER SCHMIDT referred to pie charts on pages 6 and 7 of
the PowerPoint presentation, and relayed that the percentage of
prisoners incarcerated for non-violent offenses rose from
42 percent as of December 2002, to 62 percent as of
December 2012; that the percentage of prisoners incarcerated for
37 months or longer rose from [6.94 percent] as of December 31,
2002, to [18.41 percent] as of December 31, 2012; and that the
number of offenders incarcerated for sex offenses, which are
considered to be violent crimes, is growing, but the number of
sex offenders released back into the community has decreased
from 137 in 2008 to approximately 55 in 2012. The sentence
length for sex offenses has almost doubled, he added.
1:22:30 PM
RON TAYLOR, Deputy Commissioner, Office of the Commissioner -
Anchorage, Department of Corrections (DOC), referred to page 8
of the DOC's PowerPoint presentation, and indicated that the
DOC's strategies now include devoting its resources to moderate
and high risk [offenders], targeting the factors that contribute
to recidivism by such offenders, and focusing on specific
techniques tailored to the individual offenders. The DOC's
focus is now on changing [offenders'] behavior, collaborating
with other agencies, using proven methods, measuring outcomes,
and [promoting] offender success and hence improved public
safety. The DOC, he relayed, has updated its [inmate custody]
classification policies [so that the populations under the four
levels of custody - minimum, medium, "close," and maximum - are
more in line with what he called the "national norms"]; is
emphasizing incentives that encourage compliance; has developed
an offender management plan to assist offenders with reentry
into the community; has received technical assistance for its
Division of Probation and Parole from the U.S. Department of
Justice's (DOJ's) National Institute of Corrections (NIC); and
is in the process of modifying its risk-assessment protocols.
COMMISSIONER SCHMIDT, in response to questions, added that in
classifying an offender with regard to what type of custody to
place him/her under, his/her behavior, [criminal history, and
risk potential are] the determining factors, not the crime
charged, though that does factor in somewhat; and reiterated
that the DOC's population averages at the different
classification levels now more closely resemble the national
averages.
1:29:26 PM
MR. TAYLOR, turning the committee's attention to pages 11-12 of
the DOC's PowerPoint presentation, explained that part of the
DOC's strategy [towards reducing recidivism rates] now involves
addressing the factors that offenders struggle with. Such
factors include: having anti-social values, beliefs, reasoning,
personalities, temperaments, and/or companions; having marital
and/or family conflicts; having substance-abuse problems; being
unemployed; and lacking education, training, leisure and/or
recreational opportunities. Referring to page 13 of the
PowerPoint presentation and to the pie chart included therein,
he indicated that the DOC is now also focusing on the high
number of probation violations: jail admissions for probation
violations rose from 1,641 in 2002, to 2,737 in 2011; probation-
officer caseloads - currently ranging between 50 and 110 cases
per officer depending on the type of caseload - have increased
over 20 percent during that same timeframe; and in 2011,
68 percent of petitions to revoke probation involved technical
violations, and the other 32 percent involved violations of
misdemeanor and/or felony law - in other words, new crimes were
committed.
COMMISSIONER SCHMIDT, in response to a question, added that over
the last 10 years, the DOC's prison population has grown
22 percent.
MR. TAYLOR went on to explain that the DOC has started expanding
the availability of its various rehabilitative programs - which
include programs pertaining to substance abuse, programs
pertaining to education, and programs that are faith-based - and
referred to page 14 of the PowerPoint presentation and to the
table included therein illustrating for fiscal year 2012 (FY 12)
the numbers of offenders served and the numbers of offenders
that completed a rehabilitative program. The recidivism rate
for offenders who successfully complete a substance abuse
program is about 14 percent lower than for those who don't
complete such a program.
1:39:52 PM
MR. TAYLOR referred to pages 16-17 of the PowerPoint
presentation, and explained that electronic monitoring allows a
prisoner to complete his/her sentence while out in the
community. When determining whether to allow a prisoner to use
electronic monitoring, the commissioner considers, among other
things, public safeguards, the prospects for rehabilitation,
program availability, facility space, the nature/circumstances
of the offense, the prisoner's needs, court recommendations,
previous convictions, drug/alcohol usage, and any other criteria
the commissioner deems appropriate. Currently, 329 inmates are
using electronic monitoring, and the locations where electronic
monitoring is available are Anchorage, Fairbanks, Juneau, Kenai,
Ketchikan, Palmer, and Sitka.
MR. TAYLOR referred to page 19 of the PowerPoint presentation,
and explained that the DOC's Probationer Accountability with
Certain Enforcement (PACE) program began as a pilot program in
2010 in the Anchorage Superior Court and has since been expanded
to Palmer and the domestic violence (DV) program in [Fairbanks],
The PACE program provides swift, certain, and proportionate
sanctions to high-risk felony probationers who've already
established patterns of non-compliance with court-ordered
conditions of probation. A 2011 AJC preliminary evaluation
indicates that the PACE program has been successful at reducing
incidents of positive drug tests: under the PACE program, 66
percent of probationers remained free of positive drug tests
during the first three months. In comparison, prior to
enrolling in the PACE program, only 20 percent of those
probationers remained free of positive drug tests during that
same timeframe.
1:42:28 PM
MR. TAYLOR referred to page 21 of the PowerPoint presentation,
and explained that the prisoner-reentry task force was formed
for the purpose of seeking ways of reducing Alaska's recidivism
rates and thereby improving public safety and the overall health
of Alaska's communities. Three workgroups comprise the
prisoner-reentry task force - the misdemeanor workgroup, the
substance abuse workgroup, and the employment workgroup - and
currently there are five regional reentry coalitions -
Anchorage, Kenai, Dillingham, Juneau, and the Matanuska-Susitna
("Mat-Su") valley. The need for reentry services in Alaska's
communities is great, he added.
MR. TAYLOR referred to pages 23-26 of the PowerPoint
presentation, and explained that for FY 14, the Goose Creek
Correctional Center will have 345 budgeted positions and an
inmate capacity of 1536; at present, 120 positions have been
filled and there are 420 inmates. It is anticipated that
between now and the first quarter of FY 14, almost all of
Alaska's prisoners currently incarcerated in Colorado will have
been transferred to the Goose Creek Correctional Center. As
outlined in blue ink in the PowerPoint presentation, several
types of services/programs are currently available at the Goose
Creek Correctional Center, and, as outlined in black ink, other
services/programs will become available in the future; these
various services/programs include substance abuse services,
educational services, vocational services, pro-social education
services, chaplaincy services, mental health services, and sex
offender services.
MR. TAYLOR, in response to questions, indicated that to
facilitate prisoner reentry, the DOC has been giving employment
presentations to various groups and at job fairs throughout the
state; and that some of the aforementioned pro-social education
services are based on national models.
COMMISSIONER SCHMIDT added that 36 percent of the DOC's prisoner
population is Alaska Native, and that dealing with inebriates
comes at great cost to the DOC.
MR. TAYLOR and COMMISSIONER SCHMIDT, in response to various
requests, agreed to compile and provide additional statistics to
members.
2:03:16 PM
BILL MARTIN, Grand President, Alaska Native Brotherhood (ANB) -
after mentioning that the ANB was formed 101 years ago to
advocate for civil rights, health, education, [welfare,
employment, economic justice, and citizenship] for Alaska
Natives - requested that the legislature [fund] a study to
investigate why Alaska's Native population makes up such a
disproportionately-high percentage of the DOC's incarcerated
population. Currently, Alaska Natives comprise 18 percent of
the state's population, but comprise 36 percent of the DOC's
population. At the last ANB convention, this issue was greatly
discussed, but lacking any definitive answers, [membership]
thought it would be good to have a study conducted in order to
find out why this disproportion exists. To that effect,
[Resolution 24 was passed] requesting the Alaska State
Legislature to fund a study to determine if there exists an
inequity in detainment, sentencing, time in jail, and probation
requirements for minority groups in Alaska and to recommend
solutions. Once the resulting information is compiled, ways
might be found to address the problem, and the ANB expects to be
a partner in those efforts. In response to a question, he noted
that the McDowell Group has performed work for the ANB in the
past and is quite knowledgeable with regard to the Alaska Native
"situation," at least in Southeast Alaska.
The committee took an at-ease from 2:11 p.m. to 2:14 p.m.
HB 47 - INJUNCTION SECURITY: INDUSTRIAL OPERATION
2:14:25 PM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 47, "An Act requiring a party seeking a
restraining order, preliminary injunction, or order vacating or
staying the operation of a permit affecting an industrial
operation to give security in the amount the court considers
proper for costs incurred and damages suffered if the industrial
operation is wrongfully enjoined or restrained."
REPRESENTATIVE LYNN moved to adopt the original version of HB 47
as the working document.
REPRESENTATIVE LYNN then objected.
2:15:33 PM
REPRESENTATIVE ERIC FEIGE, Alaska State Legislature, as one of
the joint prime sponsors of HB 47, offered his beliefs that over
the past several years there have been cases in which
preliminary injunctions or orders staying the operation of a
permit have been issued against companies engaged in the
development of resource extraction or in other large industrial
operations that had already been granted a permit, and that such
companies had to endure uncertainty and delay. [Litigating such
cases] can cost hundreds of thousands of dollars, and thus the
threat of having a preliminary injunction issued could act as a
deterrent to investing in such projects. When preliminary
injunctions or orders staying the operation of a permit are
issued, it is the subsequently-laid-off workers who feel the
most immediate impact. He assured the committee that HB 47
would not be applied in situations involving wrongfully-issued
or poorly-written permits, or when permittees are violating the
terms of their permits - in those situations it would still be
up to the permitting agency to [rectify the situation].
REPRESENTATIVE FEIGE said HB 47 parallels the requirements of
Rule 65(c) of the Alaska Rules of Civil Procedure; Rule 65(c)
reads:
(c) Security. No restraining order or preliminary
injunction shall issue except upon the giving of
security by the applicant, in such sum as the court
deems proper, for the payment of such costs and
damages as may be incurred or suffered by any party
who is found to have been wrongfully enjoined or
restrained. No such security shall be required of the
state or a municipality or of an officer or agency
thereof, or unless otherwise ordered by the court, in
domestic relations actions or proceedings.
REPRESENTATIVE FEIGE said HB 47 doesn't set a specific security
amount, and was written to work with Rule 65(c), not change it.
He offered his beliefs that although the court already has the
authority to require that security be given, this isn't
occurring in most cases, and that the bill itself doesn't
mandate that the court require that security be given but
instead simply directs the court, when determining what amount
of security to require, to consider the costs that may be
incurred, the damages that may be suffered, and an amount for
the payment of wages and benefits for employers, contractors,
and subcontractors. As used in HB 47, the term, "industrial
operation" is defined as including a construction, energy, or
timber activity, and oil, gas, and mineral exploration,
development, and production. He offered his understanding that
most preliminary injunctions involve federal permits and are
settled out of court to avoid costs and [project] delays, and
that in one instance wherein a federal court recently issued an
injunction that was later lifted, 200 people were out of work
for about a month and half. In that instance, he surmised, the
lost wages and lost [project] time had an impact on Alaska's
citizens and on the companies and employees involved in that
project, a railroad spur-line.
2:21:04 PM
REPRESENTATIVE LEDOUX questioned the need for the bill, given
that [under Rule 65(c),] the court already has the authority to
require that security be given.
REPRESENTATIVE FEIGE offered his hope that as an expression of
legislative intent, passage of HB 47 would influence future
court decisions. In response to another question, he confirmed
that a direct change to the Alaska Rules of Court would require
an affirmative two-thirds vote.
REPRESENTATIVE FOSTER pointed out that as currently written,
HB 47 does mandate that the court shall require that security be
given: language on page 1, lines 1-3, says in part, "An Act
requiring a party ... to give security"[; and language on
page 1, lines 7-9, says in part, "A party ... shall give
security"].
REPRESENTATIVE FEIGE referred to the language on page 1,
lines 8-9, of HB 47 that says in part, "shall give security in
an amount the court considers proper"; offered his belief that
the court would have the discretion to simply choose a security
amount of zero; and reiterated that the bill is not intended to
change Rule 65(c) - the bill simply adds a stipulation that the
amount the court considers proper could include an amount for
the payment of wages and benefits for employers, contractors,
and subcontractors. "We would, as a legislature, ... like to
see judges ... require actual cash bonds more often," he added
in conclusion.
CHAIR KELLER ascertained that no one else wished to testify on
HB 47.
[HB 47 was held over, with the motion to adopt HB 47 as the
working document left pending.]
2:26:13 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:26 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 47 Sponsor.pdf |
HJUD 1/30/2013 1:00:00 PM |
HB 47 |
| HB0047A.pdf |
HJUD 1/30/2013 1:00:00 PM HJUD 2/10/2014 1:00:00 PM |
HB 47 |
| Alaska Civil Rule 65 (C).pdf |
HJUD 1/30/2013 1:00:00 PM |
HB 47 |
| Fiscal Note Law.pdf |
HJUD 1/30/2013 1:00:00 PM |
HB 47 |
| Fiscal Note DNR.pdf |
HJUD 1/30/2013 1:00:00 PM |
HB 47 |
| Fiscal Note DEC.pdf |
HJUD 1/30/2013 1:00:00 PM |
HB 47 |
| Fiscal Note Court System.pdf |
HJUD 1/30/2013 1:00:00 PM |
HB 47 |
| AK Chamber of Commerce Support.pdf |
HJUD 1/30/2013 1:00:00 PM HJUD 2/10/2014 1:00:00 PM |
HB 47 |
| AK Native Brotherhood & Sisterhood Resolution.pdf |
HJUD 1/30/2013 1:00:00 PM |
Prison Population |
| Corrections Overview.pdf |
HJUD 1/30/2013 1:00:00 PM |
Department of Corrections |
| Alaska Conservation Voters --Ltr of Opposition.pdf |
HJUD 1/30/2013 1:00:00 PM |
HB 47 |