Legislature(2005 - 2006)SENATE FINANCE 532
03/07/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB232 | |
| SB216 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 232 | TELECONFERENCED | |
| += | SB 264 | TELECONFERENCED | |
| + | SB 216 | TELECONFERENCED | |
| + | TELECONFERENCED |
MINUTES
SENATE FINANCE COMMITTEE
March 7, 2006
9:12 a.m.
CALL TO ORDER
Co-Chair Gary Wilken convened the meeting at approximately
9:12:40 AM.
PRESENT
Senator Lyda Green, Co-Chair
Senator Gary Wilken, Co-Chair
Senator Con Bunde, Vice Chair
Senator Fred Dyson
Senator Bert Stedman
Senator Lyman Hoffman
Senator Donny Olson
Also Attending: SENATOR CHARLIE HUGGINS; JAMES ARMSTRONG, Staff
to Co-Chair Wilken; DAVID TEAL, Director, Division of
Legislative Finance; JOSH TEMPEL, Staff to Senator Huggins;
SUSAN PARKS, Deputy Attorney General, Criminal Division,
Department of Law; PORTIA PARKER, Deputy Commissioner,
Department of Corrections; DOUG WOOLIVER, Administrative
Attorney, Alaska Court System
Attending via Teleconference: From offnet locations: SARAH
FISHER GOAD, Alaska Energy Association; PAT PITNEY, Director of
Budget Development and Institutional Planning, University of
Alaska; From Anchorage: BOB STEWART, Community Services Manager,
Office of Emergency Management, Division of Homeland
Security/Emergency Management, Department of Military and
Veterans Affairs; ROBERTA CARNEY, Division Support Manager,
Division of Homeland Security/Emergency Management, Department
of Military and Veterans Affairs; KRISTIN RYAN, Director,
Division of Environmental Health, Department of Environmental
Conservation
SUMMARY INFORMATION
SB 232-APPROPS: ENERGY-RELATED, PIPELINE & MISC.
SB 264-FAST TRACK SUPPLEMENTAL APPROPS
The Committee discussed a committee substitute to SB 232, which
incorporated provisions from SB 264. The bills were held in
Committee.
SB 216-BAIL RESTRICTIONS
The Committee heard from the sponsor, the Department of Law, the
Department of Corrections and the Alaska Court System. The bill
was held in Committee.
9:13:51 AM
SENATE BILL NO. 232
"An Act making special, supplemental, capital, and other
appropriations, amending appropriations, and making
appropriations to capitalize funds; and providing for an
effective date."
This bill had been heard previously in the Senate Finance
Committee.
Co-Chair Wilken noted this was the first appropriation
legislation the Committee was addressing.
Co-Chair Wilken announced that as of the prior day, Governor
Murkowski proposed spending 21.18 percent more than was
appropriated the prior year. This amount has been increasing for
the past six weeks and represents an "extraordinary increase in
spending". He suggested, "While we are swimming in money we may
be drowning in spending."
9:16:01 AM
Co-Chair Wilken stated that the proposed budgets for the
agencies are "vague" and "unsustainable". Therefore, the Senate
and the House of Representatives decided to operate under
certain rules in considering the appropriation requests. The
finance committees would be "reluctant" to fund "brand new"
programs and appropriate general funds to replace non-general
fund sources. An example would be a program traditionally
supported with federal funding in which the amount of the
federal allocation for that program were reduced or eliminated.
General funds would not automatically be appropriated to
continue funding the program at the historic level. The finance
committees would also "take a skeptical look" at significant
program expansions. While a five percent increase was
understandable, proposals to increase funding by 30, 40, or even
80 percent was questionable.
Co-Chair Wilken qualified that because certain requests would
not be funded did not imply that the programs were not
acceptable. Rather, total spending must be constrained to
prevent dependence on oil prices of $60 per barrel, in the
likely event that future oil prices were lower.
Co-Chair Wilken noted this supplemental appropriation
legislation would follow the process.
9:18:42 AM
Senator Bunde understood that the Murkowski Administration's
proposed budget would have expended all of the surplus reserve
and an additional $50 million. He asked if with the submission
of the multiple amendments by the Office of Management and
Budget, if this were still true.
9:19:10 AM
Co-Chair Wilken affirmed that if funded with revenues received
for FY 06 and FY 07, the budget as presented would be $50 to $60
million over.
9:19:33 AM
Senator Bunde recalled the budget reduction efforts made in the
1990s and 2000 commonly referred to as the Five-Year Plan. He
calculated that the amount requested in FY 06 supplemental
funding is greater than the reductions made during the five-year
plan.
9:19:55 AM
Co-Chair Wilken agreed. Alaska is "on a roll", and has a "bright
future" that "we must prepare for."
9:20:26 AM
Senator Bunde surmised that "wants and needs" continue to
outpace revenue.
9:20:37 AM
Co-Chair Wilken furthered that "there would never be enough
money for everyone."
9:20:47 AM
Co-Chair Wilken directed attention to a spreadsheet, titled, "FY
2006 Energy and Fast Track Supplemental 3/07/06" [copy on file].
It outlines the changes specified in a proposed committee
substitute, work order number 24-GS2068\I. [Note: the committee
substitute was not offered for adoption, as additional changes
were intended.] In explaining the components, he referenced the
row numbers in which they are listed on the spreadsheet and the
section in which they are included in the proposed committee
substitute.
Co-Chair Wilken noted the following items were included in the
proposed committee substitute in the amounts requested by the
Governor.
Line Item: 2
Section 1
Department of Commerce, Community and Economic Development
Appropriation: Office of Economic Development
Supplemental Need: The Office of Economic Development is
hosting an event at the Boston International Seafood Show
that promotes the uniqueness of wild Alaska seafood on
March 13, 2006.
Requested: $75,000 Statutory Designated Program Receipts
(SDPR)
Senate Finance Proposed: $75,000 SDPR
Line Item: 3
Section 1
Department of Commerce, Community and Economic Development
Appropriation: Alaska Seafood Marketing Institute
Supplemental Need: Increase RSS match for the Alaska
Seafood Marketing Institute's export marketing program,
which received a federal increase in January 2006. Advance
notification to public relations contractors is required,
therefore March approval is requested.
Requested: $395,000 Receipt Supported Services (RSS)
Senate Finance Proposed: $395,000 RSS
9:21:08 AM
Line Item: 4
Section 1
Department of Corrections
Appropriation: Out-of-State Contractual
Supplemental Need: Timely payments are essential in
complying with contractual requirements agreed upon for
housing Alaska inmates. The increased prison population has
mandated the department obtain additional beds out-of-
state, up to a total of 1,000 prisoners by year-end.
Requested: $1,168,700 General Funds
Senate Finance Proposed: $1,168,700 General Funds
Line Item 5
Section 1
Department of Corrections
Appropriation: Inmate Health Care
Supplemental Need: The department is estimating that they
will potentially run out of funds available to pay contract
and medical providers as early as March, 2006.
Requested: $2,600,000 General Funds
Senate Finance Proposed: $2,600,000 General Funds
Line Item: 6
Section 1
Department of Corrections
Appropriation: Inmate Health Care
Supplemental Need: Funding is needed to pay three
contractors and several fee-for-service providers for
services rendered prior to 6/30/2005.
Requested: $755,000 General Funds
Senate Finance Proposed: $755,000 General Funds
Co-Chair Wilken stated that the Department of Corrections
requests would be fully funded.
9:21:43 AM
Line Item: 7
Section 1
Office of the Governor
Appropriation: Executive Office
Supplemental Need: Work related to the state gas pipeline
and to brining North Slope natural gas to market for FY 06
and FY 07
Requested: $500,000 General Funds
Senate Finance Proposed: $500,000 General Funds
Co-Chair Wilken overviewed this item.
9:21:49 AM
Line Item: 8
Section 1
Department of Law
Appropriation: Oil, Gas and Mining
Supplemental Need: Will exhaust FY 06 funding by March
2006. Anticipate expenditures of $3.9 million for the
remainder of FY 06 and $1.5 million in FY 07
Requested: $5,400,000 General Funds
Senate Finance Proposed: $3,900,000 General Funds
Co-Chair Wilken pointed out that this request included funding
for FY 07 operations. That portion would be addressed in
consideration of the FY 07 operating budget.
9:22:07 AM
Line Item: 9
Section 1
Department of Military and Veterans Affairs
Appropriation: Army Guard Facilities Maintenance
Supplemental Need: Fuel and Utility Increases
Requested: $7,800 Inter-Agency Receipts (I/A Receipts)
Senate Finance Proposed: $7,800 I/A Receipts
Line Item: 10
Section 1
Department of Military and Veterans Affairs
Appropriation: Air Guard Facilities Maintenance
Supplemental Need: Fuel and Utility Increases
Requested: $300,000 Federal Funds
Senate Finance Proposed: $ not specified
Co-Chair Wilken informed that these requests are for
authorization to expend federal funds, which the committee
substitute would grant.
9:22:32 AM
Line Item: 11
Section 1
Department of Revenue
Appropriation: APFC Operations
Supplemental Need: Gasline Investment Determination Costs
Requested: $550,000 Permanent Fund Corporation Receipt
(PFC Receipts)
Senate Finance Proposed: $250,000 PFC Receipts
Co-Chair Wilken explained that this funding authority is
requested to allow the Alaska Permanent Fund Corporation to
research an investment opportunity in the proposed natural gas
pipeline. The Corporation has authority to expend a limited
amount on these investigative efforts and has already committed
funds to research the viability of a separate real estate
investment opportunity. Those expenditures could be recuperated
if the real estate investment were made. The committee
substitute would provide a portion of the requested funding.
9:24:19 AM
Line Item: 15
Section 1
Department of Transportation and Public Facilities
Appropriation: Marine Vessel Operations
Supplemental Need: Fuel Price and Usage Increase
Requested: $14,774,800 General Funds
Senate Finance Proposed: $12,274,800 General Funds
Co-Chair Wilken recognized that a significant portion of the
requested supplemental appropriation had already been expended.
Changes in operations of the system, including the lay-up of one
fast ferry vessel would reduce the anticipated expenditure.
Intent language would be forthcoming to require the Department
to contain fuel costs.
9:25:04 AM
Senator Stedman understood that the fast ferry vessels consume
more fuel than the regular ferry vessels and that the
forthcoming intent language would speak to this. He asked what
assurances would be provided to avoid "tying up" the entire
Marine Highway System fleet due to lack of funding for fuel.
9:26:00 AM
Co-Chair Wilken responded that $250,000 is saved each week that
a fast ferry vessel is not operating. The Senate Transportation
Committee was scheduled to hold a hearing later in the day to
"attempt to continue to guide" the Marine Highway System.
Additional information would be available after that hearing.
9:26:47 AM
Line Item: 16
Section 4
Department of Administration
Appropriation: Capital
Senate Finance Proposed: $2,500,000 Information Services
Fund
Co-Chair Wilken indicated this item would be discussed shortly.
9:26:56 AM
Line Item: 17
Section 5
Department of Commerce, Community and Economic Development
Appropriation: Capital - Grant to "2006 Arctic Winter Games
Host Society"
Supplemental Need: Funding for the Arctic Winter Games that
take place March 5 - 12, 2006.
Requested: $500,000 General Funds
Senate Finance Proposed: $250,000 General Funds
Co-Chair Wilken noted that half of the requested amount would be
appropriated.
9:27:12 AM
Line Item: 18
Section 6
Department of Corrections
Appropriation: Capital - ACI Building Conversion
Supplemental Need: Conversion of vacant building to house
prisoners
Requested: $800,000 General Funds
Senate Finance Proposed: $800,000 General Funds
Co-Chair Wilken described this expansion to increase bed space
for short-time prisoners at the Fairbanks correctional facility.
9:27:29 AM
Line Item: 19
Section 7
Office of the Governor
Appropriation: Branch wide
Supplemental Need: Fuel and utility costs to be distributed
to agencies (non-AMHS)
Requested: $8,281,600 General Funds
Senate Finance Proposed: $6,736,800 General Funds
Co-Chair Wilken noted that the original version of SB 232
contained 42 different requests for fuel and energy cost
funding. Senate Finance Committee co-chair staff analyzed these
items to reach the amount appropriated in the committee
substitute. That amount would be appropriated to the Office of
Management and Budget for allocation between the multiple
components. Such decisions, if made by the Senate Finance
Committee, would be arbitrary.
9:28:33 AM
JAMES ARMSTRONG, Staff to Co-Chair Wilken, pointed out that the
appropriation included in the committee substitute inadvertently
omitted Department of Environmental Conservation fuel expenses.
This would be corrected in a future committee substitute.
9:28:55 AM
Line Item: 20
Section 8
Department of Law
Appropriation: Civil Division, Deputy Attorney General's
Office
Supplemental Need: Judgments and Claims - actual amount is
$2,621,985.48 (Amendment increased total to $3,269,100)
Requested: $3,269,100 General Funds
Senate Finance Proposed: $3,269,100 General Funds
Co-Chair Wilken noted this request would be fully funded.
9:29:08 AM
Line Item: 21
Section 9(a)
Department of Transportation and Public Facilities
Appropriation: Capital - Ketchikan: Shipyard Improvements
Supplemental Need: New ship lift to accommodate
construction of Expeditionary Craft (E-Craft) for the
Office of Naval Research (ONR), a $30 million contract.
DOT's proposed FY 07 capital budget includes $42.5 million
in Federal Funds, but $9 million is required earlier.
Requested: $9,000,000 Federal Funds
Senate Finance Proposed: not specified
Co-Chair Wilken explained the purpose of this project is to
facilitate the building of a ship for the U.S. Navy. This would
expand economic development in Ketchikan.
9:29:32 AM
Line Item: 22
Section 9(b)
Department of Transportation and Public Facilities
Appropriation: Capital - Highways and Aviation
Supplemental Need: Whittier Tunnel portal jet fan
replacement due to catastrophic failure of the #2 portal
jet fan. Jet fans are necessary to operate the Whittier
Tunnel as they force the carbon monoxide gases out of the
tunnel.
Requested: $504,200 General Funds
Senate Finance Proposed: $504,200 General Funds
Co-Chair Wilken outlined this item.
9:29:45 AM
Line Item: 23
Section 9(c)
Department of Transportation and Public Facilities
Appropriation: Capital - Airport Improvement Program
Appropriation
Supplemental Need: The Airport Improvement Program
appropriation will increase by $16,600,000 from
$470,150,100 to $486,750,100 because of the increases in
the allocations listed in sections 9d - 9f:
Line Item: 24
Section 9(d)
Department of Transportation and Public Facilities
Appropriation: Capital - Airport Improvement Allocation
Supplemental Need: Amended: Cordova: Airport Runway Safety
Area Expansion
Requested: $3,000,000 Federal Funds
Senate Finance Proposed: not specified
Line Item: 25
Section 9(e)
Department of Transportation and Public Facilities
Appropriation: Capital - Airport Improvement Program
Allocation
Supplemental Need: Amended: Kotzebue: Sand Building - Early
approval of this project will allow a contract to be
awarded in April 2006.
Requested: $1,500,000 Federal Funds
Senate Finance Proposed: not specified
Line Item: 26
Section 9(f)
Department of Transportation and Public Facilities
Appropriation: Capital - Airport Improvement Program -
Allocation
Supplemental Need: New: Unalakleet: Airport Paving
Requested: $12,100,000 Federal Funds
Senate Finance Proposed: not specified
Line Item: 27
Section 9(g)
Department of Transportation and Public Facilities
Appropriation: Capital - Surface Transportation Program
Appropriation
Supplemental Need: The Surface Transportation Program
appropriation will increase by $15,000,000 from
$373,604,700 to $388,604,700 because of the increase to the
allocation listed below:
Line Item: 28
Section 9(h)
Department of Transportation and Public Facilities
Appropriation: Capital - Surface Transportation Program
Allocation
Supplemental Need: Amended: National Highway System (NHS)
and Non-NHS Pavement and Bridge Refurbishment
Requested: $15,000,000 Federal Funds
Senate Finance Proposed: not specified
Co-Chair Wilken noted these items involve changes in
authorization.
Line Item: 29
Section 10(a)
Department of Military and Veterans Affairs
Appropriation: Disaster Relief Fund
Supplemental Need: Funding needed for disasters
Requested: $4,143,800 General Funds
Senate Finance Proposed: $4,143,800 General Funds
9:30:36 AM
Line Item: 30
Section 10(b)
Department of Administration
Appropriation: Information Services Fund
Supplemental Need: Capitalize Information Services Fund for
FY 06 implementation of the telephone system replacement
and stabilization phase 1 capital project.
Requested: $1,000,000 General Funds
Senate Finance Proposed: $2,500,000 General Funds
Co-Chair Wilken explained this appropriation would be utilized
for the first portion of the "voice over Internet" replacement
of the State's phone system. The Committee has had considerable
discussion on this project. The total cost of the project would
be $22 million. The Department would soon enter into a contract
with Cisco Systems, Inc. to compile the three existing systems
into one that would provide voice, data and video
communications. The Department had originally requested $5
million be provided as a FY 06 supplemental appropriation. After
discussion with Commissioner Scott Nordstrand, it was determined
that $2.5 million would be a "generous amount to start".
Changing the amount appropriated in this legislation would not
affect the project, as the entire amount would be appropriated
in future years as the project progresses. The aforementioned
cost of $22 million of this project includes only the capital
portion. The operating expenses would be discussed separately.
9:32:36 AM
Line Item: 31
Section 11(a) through (d)
Department of Natural Resources
Appropriation: Capital - Technical change of fund source
Supplemental Need: Replace $200,000 of Receipt Supported
Services code with Special Vehicle Registration Receipts
code for snowmobile trail improvements.
Line Item: 32
Section 11(e) and (f)
Department of Fish and Game
Appropriation: Commercial Fisheries/Headquarters
Supplemental Need: Replace RSS with CFEC [Commercial
Fisheries Entry Commission] Receipts
Co-Chair Wilken characterized these items as funding source
changes.
9:33:10 AM
DAVID TEAL, Director, Division of Legislative Finance, clarified
that these are both technical changes to reflect the actual
funding sources. These items would have no impact.
9:34:46 AM
Co-Chair Wilken next listed the requests that would not be
funded.
Co-Chair Wilken stated that the committee substitute did not
include the requested $6.4 million for the Small Municipality
Energy Assistance Program. Considerable discussion was held on
this issue.
9:35:12 AM
Co-Chair Wilken informed that a $5.4 million supplemental
appropriation from the Power Cost Equalization (PCE) Fund would
not be granted to the PCE program, as a comprehensive plan was
needed.
9:35:26 AM
Co-Chair Wilken noted the committee substitute does not
appropriate $500,000 for the Bulk Fuel Bridge Loan program.
9:35:44 AM
Co-Chair Wilken told of the decision to not provide general
funds for the federal Low Income Home Energy Assistance Program.
9:36:20 AM
Co-Chair Wilken stated that funding would not be appropriated to
triple the Alaska Energy Authority Circuit Rider program from
one to three staff positions and expand technical assistance to
communities to include bulk fuel systems.
9:36:39 AM
Co-Chair Wilken explained that general funds would not be
appropriated at this time to the Department of Natural
Resources, Division of Parks and Recreation for operations. The
legislature had granted authority to the Division to assess and
collect fees to expend for park operations. He assured that the
he would collaborate with the House Finance Committee to lessen
that authority and provide funding to address critical needs at
the parks.
9:37:26 AM
Co-Chair Wilken spoke to the funding request for operation of
the Maniilaq domestic violence and sexual assault shelter. As a
result of an audit, the facility was deemed ineligible to
receive the intended federal funding. He and Senator Olson would
attempt to remedy the situation in some manner.
9:38:00 AM
Senator Hoffman appreciated the intent to review the PCE
program. However the State was benefiting from the higher oil
prices, through no effort on its part, but residents were
suffering. Utilizing one dollar per each barrel of oil to assist
those in need would not be unreasonable. Although this would be
a new program, the needs of citizens could not be ignored. To do
so would be short sighted.
Senator Hoffman supported the increase to the Marine Highway
System (MHS) for higher fuel costs, but he pointed out that
approximately 50 percent of ridership consists of nonresident
passengers. If funding would be provided to assist tourists,
funding must also be provided to address the needs of residents,
specifically those who are struggling. Such funding should be
included in this fast track supplemental appropriation.
9:41:44 AM
Senator Stedman appreciated the support provided for the MHS,
acknowledging that the amount is significant. The State is
constitutionally mandated to provide transportation for its
residents and therefore this appropriation is necessary.
Although nonresidents also utilize the ferries, significant
federal funding is received to support the MHS. Also,
transportation could not be denied to residents because
outsiders would also use the system.
Senator Stedman stated that an overview of the entire PCE
program would be undertaken. Additional revenue would hopefully
be generated through the National Petroleum Reserve - Alaska
(NPR-A), which could be utilized for the PCE program.
9:43:30 AM
Senator Olson reminded that the NPR-A is a federal entity and
that the legislature does not have sole discretion in the manner
in which the revenues are distributed.
9:44:10 AM
Senator Bunde told of a recent hearing of the Anchorage Caucus
in which significant testimony was given in support of funding
for the University of Alaska. He attempted to convey that,
"every dollar spent has a loyal constituency." There would never
be enough money to fund every want, and those who wanted
additional spending for certain programs must acknowledge that
to do so would reduce spending for a different program. He
challenged the group to identify which "constituencies" were
"less deserving".
9:45:50 AM
Senator Dyson hoped that a process would be initiated this
session to provide a basis for a rational analysis of all energy
assistance programs, including what entities administer them and
who are the recipients.
9:46:57 AM
Co-Chair Wilken furthered that alternative energy sources should
also be investigated. However, this could not occur until the
existing petroleum-based energy assistance programs were
reviewed.
9:47:29 AM
Senator Hoffman pointed out that this request would not take
funds from other programs. The revenues have been generated as a
result of higher fuel prices and would be utilized to offset the
impacts of such. When the fuel prices decrease, the assistance
funding would no longer be needed. Legislative intent could
dictate this. The appropriation could be a one-time event.
9:49:09 AM
Senator Olson understood the reasons for limiting supplemental
appropriations for anticipated expenses. However, critical
situations arise, such as the burning of the school in the
village of White Mountain. Efforts are necessary to take
advantage of the upcoming construction season to rebuild the
facility. The students who attended that school must be taken
care of, as they and other students throughout the state would
be taking care of the older generation as it ages. He quipped
that the younger generation would be relied upon when he and
other Committee members were infirm and unable to locate their
arthritis and possibly hair loss medication because they had
misplaced their eyeglasses.
9:51:10 AM
Co-Chair Wilken directed Senator Olson to speak for himself.
Co-Chair Wilken was aware of the situation in White Mountain.
9:51:28 AM
Co-Chair Wilken called upon teleconference participants.
9:51:40 AM
SARAH FISHER GOAD, Alaska Energy Association, testified via
teleconference from an offnet location that failure to
appropriate the requested amount would require the Association
to operate at 66 percent of the normal funding level.
9:52:04 AM
PAT PITNEY, Director of Budget Development and Institutional
Planning, University of Alaska, testified via teleconference
from an offnet location that the proposed funding amount is 82
percent of the original request.
9:52:24 AM
BOB STEWART, Community Services Manager, Office of Emergency
Management, Division of Homeland Security/Emergency Management,
Department of Military and Veterans Affairs testified via
teleconference from Anchorage that he was available to respond
to questions.
9:52:46 AM
ROBERTA CARNEY, Division Support Manager, Division of Homeland
Security/Emergency Management, Department of Military and
Veterans Affairs, testified via teleconference from Anchorage
that she was also available for questions.
9:52:57 AM
KRISTIN RYAN, Director, Division of Environmental Health,
Department of Environmental Conservation, testified via
teleconference from Anchorage in appreciation of the granting of
the funding request.
9:53:04 AM
Co-Chair Wilken announced that a new committee substitute would
be drafted and presented to the Committee for consideration.
9:53:27 AM
Co-Chair Wilken then announced that the fuel surcharge levied on
shipments to Fairbanks and other communities was recently
increased and now totals 17 percent of the cost of goods.
9:53:52 AM
Mr. Armstrong informed that a technical change to a lapse
appropriation would be included in the new committee substitute.
The bill was HELD in Committee.
9:54:11 AM
AT EASE 9:54:15 AM / 9:57:19 AM
Co-Chair Green chaired the remainder of the meeting.
9:57:22 AM
CS FOR SENATE BILL NO. 216(JUD)
"An Act relating to bail and unlawful evasion; and
providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
SENATOR CHARLIE HUGGINS, co-sponsor of the bill with Co-Chair
Green, presented the bill. He read from a statement, "nothing in
this chapter allows a court to order [a] defendant to be
released temporarily or periodically either before or after
conviction." Media accounts relay incidents that occur
nationwide of a person unable to make bail, yet able to leave
custody and not return.
Senator Huggins told of a recent situation in which an inmate
secured temporary release from custody for the purpose of
donating a kidney to his son. The father instead fled to Mexico
and the son is still in need of a transplant.
Senator Huggins asserted that the incarcerated people of today
have "many schemes" that are well beyond the sophistication of
the "older system" that "essentially opens the gates either way
for them to come or go and they've abused that."
9:59:15 AM
JOSH TEMPEL, Staff to Senator Huggins, testified this bill was
conceived because of the abuse of loopholes in the judicial
system. As an example, a judge released an inmate in October
2005 temporarily into his mother's custody so he could attend
his father's funeral. This was despite a juvenile record with a
history of escapes from custody that deemed the defendant a
flight risk. Following the funeral services, the defendant
removed the monitoring device attached around his ankle and
fled. When finally apprehended, his hair was dyed a different
color, he was babysitting a child and he was in possession of
two stolen pistols.
Mr. Tempel stated that this legislation would close the
loopholes. It would eliminate temporary releases, and make any
"extenuating circumstances" the responsibility of the Department
of Corrections. It would classify the offense of unlawful
evasion as a felony for those initially charged with a felony
and a misdemeanor offense for those initially charged with a
misdemeanor. This would apply to offenders who escape from
temporary release. He gave as example an inmate at a halfway
house facility who fails to return from an excused outing.
10:01:29 AM
Mr. Tempel emphasized the aforementioned situation was not the
only instance of inmates granted temporary release failing to
return to custody. Three additional such escapes occurred during
October 2005. Until the practice was eliminated in the Fairbanks
area, approximately half of the inmates granted temporary
release did not return voluntarily.
10:01:59 AM
Co-Chair Green noted that Section 3 of the bill contains this
new provision. The remaining bill sections amend existing
statute to comply with it.
Co-Chair Green asked about legitimate requests for temporary
release and whether the procedure to obtain this permission
would change.
10:02:43 AM
Mr. Tempel responded that a judge would no longer have authority
to grant a temporary release. An inmate could however, obtain
permission from the Department of Corrections for an escorted
release to attend a funeral or for other reasons.
10:03:20 AM
Senator Huggins furthered that language is Section 5 provides
that the court could not issue an order for temporary release of
an inmate either before or after conviction. This legislation
transfers the authority from the court to the "professionals".
10:04:06 AM
Senator Huggins indicated that the affected laws are also
referred to as the "bail statute".
10:04:33 AM
Senator Hoffman asked if the affected laws contain the
provisions that allow inmates to attend family funerals.
Senator Huggins affirmed.
Senator Hoffman asked if this legislation would eliminate this
practice.
Senator Huggins corrected that it would "be a major tightening
and the decision authority would then rest with the Department
of Corrections." Greater emphasis would be placed on
supervision.
Co-Chair Green assured this legislation would not prohibit
attendance of funerals or other important events.
Senator Hoffman clarified that the inmate could still attend
funerals if escorted by the Department of Corrections.
10:05:19 AM
Senator Dyson stated that escorted releases would incur costs.
He asked if current law includes a provision to allow the
perpetrator to share the expense.
10:05:38 AM
Senator Huggins replied that the family could assist in paying a
portion of the cost.
10:05:51 AM
Senator Stedman noted the earlier reference to inmates in
halfway houses who fail to return from approved outings. He
asked if a felony charge would automatically be levied.
10:06:13 AM
Mr. Tempel clarified that the charge would not automatically be
a felony; rather it would reflect whether the original charge is
a felony or misdemeanor. If an inmate was awaiting trail,
sentencing or was serving time for a felony offense and left
custody, a felony charge would apply. If the initial arrest or
sentencing was for a misdemeanor offense, the unlawful evasion
charge would be a misdemeanor.
Mr. Tempel informed that currently, unlawful evasion is
classified as a misdemeanor regardless of the severity of the
original charges. It does not provide sufficient deterrence for
felony offenders.
10:06:46 AM
Senator Huggins inserted that this issue had been discussed
extensively and the original bill was amended, as it would have
classified unlawful evasion as a felony in all instances.
10:07:13 AM
Senator Stedman posed a scenario of a person charged with two
felony crimes who then unlawfully left custody and was charged
with a third felony. He asked if under the sentencing
guidelines, if this offender would subsequently be incarcerated
for life.
10:07:55 AM
SUSAN PARKS, Deputy Attorney General, Criminal Division,
Department of Law, testified that the statutes pertaining to
escape and unlawful evasion are complicated. This bill addresses
the practice of temporary release from custody, which differs
from instances in which an inmate unlawfully leaves custody.
Current statute treats the offense of failing to return from a
temporary custody release less severely than the offense of
leaving custody without permission.
Ms. Parks addressed Senator Stedman's question, informing that
under this legislation, a person charged with a felony offense
who unlawfully left custody would be charged with an additional
felony and would be subject to the appropriate sentencing
guidelines.
10:10:05 AM
Co-Chair Green commented on the potential seriousness of
offenders failing to return from temporary release. The
aforementioned situation that occurred in the Mat-Su Valley
involved a person who allegedly committed "all sorts of
wrongdoing" during the time he was at large.
10:10:22 AM
Senator Dyson asked if the intent is to preclude judges from
making "inappropriate" decisions by implementing more stringent
statues, rather than getting judges to practice better common
sense.
10:11:18 AM
PORTIA PARKER, Deputy Commissioner, Department of Corrections,
testified that the problem is larger than the reported incident.
The Department has been dealing with instances of unlawful
evasion from temporary release from custody for many years. Most
involve temporary releases granted for assessments and medical
treatment. The Fairbanks correctional facilities have
experienced a 50 percent failure to return rate. When these
inmates are returned to custody, most are under the influence of
alcohol or drugs. The entire booking process must be repeated in
these instances, including medical examinations. A substance
abuse counselor has advised that temporary releases are not
beneficial to offenders, as the temptations are high and
relapses delay recovery.
Ms. Parker furthered that if serious felony charges were
pending, another misdemeanor charge levied for unlawful evasion
would be insignificant and not a deterrent.
10:13:43 AM
Senator Dyson again asked if the problem is due to a lack of
judgment or inadequacies in statute.
10:14:04 AM
Ms. Parker found no justification for temporary releases.
10:14:39 AM
DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
presented himself to respond to questions.
10:14:52 AM
Senator Dyson asked if judges "need the support" of tighter
statutes, as proposed in this bill.
10:15:03 AM
Mr. Wooliver testified that the Alaska Court System generally
does not take a position on the merits of legislation. Judges
disagree amongst themselves on many matters before the
legislature. The Court's only concern with this bill is whether
it would impact the therapeutic courts and the acceptance of
defendants into those courts. This bill would not have a
significant impact on therapeutic courts.
Mr. Wooliver noted that the bill sponsors have been made aware
of potential implications for defendants entering residential
treatment facilities.
Mr. Wooliver could not advise whether this bill was a "good
idea" or not.
10:16:01 AM
Co-Chair Green asked about procedural changes for a person
incarcerated who requests a temporary release.
10:16:31 AM
Ms. Parker explained this legislation would not affect how a
judge assigns bail. A judge could reduce or eliminate bail to
allow a defendant to secure release. If a judge chose to not
reduce or eliminate bail and an inmate had reason to leave the
facility, that inmate could be transported to and from the event
under correctional officer escort. The inmate would remain in
custody.
10:17:46 AM
Senator Stedman expressed concern about the cost of the escorted
transport outside correctional facilities. He acknowledged the
potential benefits of the added deterrence against leaving
custody, and the subsequent costs associated with that offense.
Society could benefit from the implementation of this
legislation.
10:18:28 AM
Ms. Parker informed that the inmate or family of the inmate pays
the cost of escorted visits before they occur. Most temporary
releases are not issued for family or medical emergencies.
Rather the majority are issues for assessments of the defendant
in which releases are unnecessary. Implementation of this bill
should have little fiscal impact.
10:19:31 AM
Senator Huggins shared concerns voiced by his constituents and
other Alaskan residents about the public risk of providing
certain offenders with a "swinging door" to commit additional
crimes. These individuals are dangerous and beyond the intent of
the current judicial system.
10:20:53 AM
Co-Chair Green announced she had additional questions regarding
this legislation.
Co-Chair Green ordered the bill HELD in Committee.
ADJOURNMENT
Co-Chair Lyda Green adjourned the meeting at 10:20:54 AM
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