Legislature(1993 - 1994)
03/01/1994 09:10 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
MINUTES
SENATE FINANCE COMMITTEE
March 1, 1994
9:10 a.m.
TAPES
SFC-94, #22, Side 1 (000-end)
SFC-94, #22, Side 2 (000-end)
SFC-94, #24, Side 1 (000-end)
SFC-94, #24, Side 2 (575-515)
CALL TO ORDER
Co-chair Drue Pearce convened the meeting at approximately
9:10 a.m.
PRESENT
In addition to Co-chairs Pearce and Frank, Senators Kelly,
Kerttula, and Rieger were present. Senators Jacko and Sharp
arrived soon after the meeting began.
ALSO ATTENDING: Senator Mike Miller; Senator Dave Donley;
John Sandor, Commissioner, Dept. of Environmental
Conservation; Margot Knuth, Assistant Attorney General,
Criminal Division, Dept. of Law; Bob Poe, Director,
Information and Administrative Services, Dept. of
Environmental Conservation; Mike Conway, Director, Division
of Spill Prevention and Response, Dept. of Environmental
Conservation; Diane Schenker, Special Assistant, Dept. of
Corrections; Mike Greany, Director, Legislative Finance
Division; Dave Parish, Exxon Company, USA; Jerry McCune,
Cordova District Fishermen United, and United Fishermen of
Alaska; Russell Heath, Alaska Environmental Lobby; Ginny
Faye, private citizen; and aides to committee members and
other members of the legislature.
ALSO PARTICIPATING VIA TELECONFERENCE:
Mary Shields, Gen. Manager, Northwest Technical Ser. -
Anchorage
Ken Freeman, Resource Development Corporation -
Anchorage
Walt Furnace, Gen. Manager, Alaska Support
Industry Alliance -
Anchorage
Ardie Gray, Alaska Oil and Gas Alliance -
Anchorage
Patti Saunders, Alaska Center for the Environ. -
Anchorage
Tom Lakosh -
Anchorage
Larry Smith, Kachemak Resource Institute - Homer
Mike O'Meara - Homer
Martin King, The Alliance -
Fairbanks
Randy McGovern -
Fairbanks
Wayne Coleman, RCAC, Prince William Sound -
Kodiak
Mary Forbes, Audubon Society -
Kodiak
Bill Frazer, The Alliance - Kenai
Bill Stamps, The Alliance - Kenai
Gerald Brookman - Kenai
SUMMARY INFORMATION
SB 24 - EXTEND MAXIMUM PERIOD OF PROBATION
Discussion was had with Sen. Donley, Margot Knuth,
and Diane Schenker. The bill was then REPORTED
OUT of committee with a "do pass" recommendation
and zero fiscal notes from the Dept. of Public
Safety, Dept. of Law, and the Court System, as
well as an indeterminate note from the Dept. of
Corrections.
SB 215 - OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND
Discussion was had with the Commissioner and staff
from the Dept. of Environmental Conservation,
those listed at the above-cited teleconference
sites, and Dave Parish, Jerry McCune, and Ginny
Faye. The bill was then HELD in committee for
additional consideration.
SB 251 - COMM'L FISH LOANS FOR CERTAIN OBLIGATIONS
Scheduled, but not heard this date.
SB 252 - POSSESSION OF CHILD PORNOGRAPHY
Discussion was had with Senator Miller. CSSB 252
(Jud) was subsequently REPORTED OUT of committee
with a unanimous "do pass" recommendation and zero
fiscal notes from the Dept. of Public Safety,
Dept. of Administration (Office of Public Advocacy
and Public Defender), Dept. of Corrections, and
Dept. of Law.
SB 24 EXTEND MAXIMUM PERIOD OF PROBATION
Co-chair Drue Pearce directed that SB 24 be brought on for
discussion. SENATOR DAVE DONLEY, sponsor of the
legislation, came before committee. He explained that the
bill reflects a recommendation from the sentencing
commission. It is also part of the Governor's anti-crime
package. It extends the available period of probation in
criminal matters from five to ten years. Once an individual
leaves a correctional facility, there is currently no means
of supervising him or her for more than five years.
Evidence indicates that the recidivism rate for certain
crimes (sex offenses were noted as an example) is reduced by
a longer period of probation. While treatment programs for
rehabilitation of sex offenders have not proven to be
effective, longer term supervision tends to prevent
recidivism. The proposed bill represents a tool that could
be used by the criminal justice system to protect the
public.
Senator Donley noted that since fiscal impact would occur
five years hence, fiscal notes are zero. He acknowledged
that the change in law could result in costs as individuals
are placed on longer periods of probation. Those costs
could be negated by judges who elect, in non-mandatory
sentencing cases, to utilize a longer period of supervised
probation in the community rather than longer sentences.
The proposed bill passed the House in the last legislature,
but died in Rules without coming to a floor vote. There has
been no expressed opposition to the bill.
(Senators Sharp and Jacko arrived at this time.)
Senator Rieger inquired concerning the difference between
probation and parole. MARGOT KNUTH, Assistant Attorney
General, Criminal Division, Dept. of Law, briefly came
before committee in response to the question but deferred
comment to staff from the Dept. of Corrections. DIANE
SCHENKER, Special Assistant, Dept. of Corrections, explained
that in Alaska probation/parole officers supervise both
probation and parole. Supervision is thus similar. The
parole board sets the conditions of supervision for an
individual on parole. Conditions are individually tailored
to the offender. For someone on probation, the court sets
the conditions at sentencing. Neither parole nor probation
has an inherently higher level of supervision.
Discussion followed between Senator Rieger and Ms. Schenker
regarding the role of presumptive sentencing.
Senator Sharp referenced comments from parole/probation
officers that parole is not revoked for two and three time
felony offenders while they are awaiting trial on yet
another charge. Ms. Schenker advised that the court makes
the decision as to whether or not probation is revoked. The
department may file petitions to revoke based on the
offender's behavior. Due to over crowding, the department
attempts to use every alternative other than a full
revocation and return to incarceration.
Further discussion followed between Senator Sharp and Ms.
Schenker regarding actions that can be taken by a parole
officer when an offender commits an additional crime while
on parole or probation. Ms. Schenker reiterated that any
action is subject to court review.
Senator Donley stressed that the probationary or parole
period is when financial restitution is made to victims.
Since monthly restitution payments are often small, the
current five-years are often are not sufficient to pay the
debt in full.
Discussion followed between Senator Kerttula and Ms.
Schenker regarding the "burn out" rate for probation
officers and department replacement needs. Speaking to
costs of the proposed bill, Ms. Schenker voiced inability to
estimate the impact. It is difficult to estimate how many
cases might result in probation for ten years. She advised
that the department could reduce the fiscal note to zero if
the extended period of probation would be unsupervised. She
indicated that, at the present time, an individual on
probation for five years is generally not supervised for the
full five years. After one, two, or three years, the
individual is either going to make it, or he or she has
violated parole and been returned to jail. Misdemeanants
are always placed on unsupervised probation. Ms. Schenker
voiced department concern that it may incur liability if it
does not supervise offenders during the last five years of
ten-year probation. Senator Kerttula attested to future
need for additional probation/parole officers. Senator
Jacko concurred in concern for fiscal implications resulting
from the extension. Ms. Schenker attested to difficulties
associated with attempting to estimate the cost. Senator
Donley noted that nothing in the bill compels a high level
of supervision. It will be up to the judge to make an
assessment for each case. Ms. Schenker again voiced concern
that the department may incur additional liability if
statutes do not clarify that the extended period is
unsupervised. If that is not clear, the department would be
"hard pressed" to "make it unsupervised."
Senator Sharp voiced concern regarding what appears to be
broad application of the extension at the discretion of the
judge. Senator Donley noted that current statutory
provisions require five years probation/parole for "every
kind of crime . . . ." He stressed that the proposed bill
would be an effective tool and one of the only tools for
diminishing recidivism of sex offenders.
Co-chair Pearce called for additional testimony on the bill.
None was forthcoming. Senator Kerttula MOVED for passage of
SB 24 with individual recommendations. No objection having
been raised, SB 24 was REPORTED OUT of committee with an
indeterminate fiscal note from the Dept. of Corrections and
zero notes from the Dept. of Public Safety, Dept. of Law,
and Court System. Co-chairs Pearce and Frank and Senators
Kerttula and Rieger signed the committee report with a "do
pass" recommendation. Senators Jacko and Kelly signed "no
recommendation." Senator Sharp signed "do not pass."
SB 252 - POSSESSION OF CHILD PORNOGRAPHY
Co-chair Pearce directed that SB 252 be brought on for
discussion. SENATOR MIKE MILLER, sponsor of the
legislation, came before committee and referenced CSSB 252
(Judiciary). He advised that the bill is supported by all
departments, and he noted accompany zero fiscal notes. At
the present time, the production and selling of child
pornography is a crime, but possession is not. This is a
loophole that should be closed for the sake of consistency.
Under the proposed bill, possession of child pornography
would be a class B misdemeanor. Need for the bill was
highlighted by staff at the Dept. of Corrections.
Co-chair Pearce inquired concerning the penalty for a class
B misdemeanor. Senator Miller advised of 90 days in jail
plus a fine of up to $5,000.
Senator Kerttula voiced his understanding that lack of an
immediate effective date is intended to give 90-day notice
to those who might possess this type of material.
Co-chair Pearce called for additional testimony. None was
forthcoming. Senator Kerttula MOVED for passage of CSSB 252
(Jud) with individual recommendations. No objection having
been raised, CSSB 252 (Jud) was REPORTED OUT of committee
with a unanimous "do pass" recommendation accompanied by
zero fiscal notes from the Dept. of Public Safety, Dept. of
Corrections, Dept. of Law, and Dept. of Administration (one
from the Public Defender Agency and the other from the
Office of Public Advocacy).
SB 215 OIL/HAZARDOUS SUBS. RELEASE RESPONSE FUND
Discussion was had with Senator Miller, Commissioner John
Sandor, Mike Conway, Bob Poe, Jerry McCune, Dave Parish,
Ginny Faye, and individuals listed at the beginning of these
minutes as present at teleconference sites. A transcript of
testimony on SB 215 was prepared and is on file in the
office of the Senate Finance Committee Secretary, Room 520,
State Capitol Building, Juneau, Alaska (465-2618) and may be
obtained through that office or the Legislative Finance
Division, P. O. Box 113200, Juneau, Alaska 99811-3200, (465-
3795).
ADJOURNMENT
The meeting was adjourned at approximately 11:55 a.m.
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