Legislature(1997 - 1998)

01/26/1998 01:30 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
              SENATE JUDICIARY COMMITTEE                                       
                   January 26, 1998                                            
                      1:30 p.m.                                                
                                                                               
                                                                               
MEMBERS PRESENT                                                                
                                                                               
Senator Robin Taylor, Chairman                                                 
Senator Drue Pearce, Vice-Chairman                                             
Senator Mike Miller                                                            
                                                                               
MEMBERS ABSENT                                                                 
                                                                               
Senator Sean Parnell                                                           
Senator Johnny Ellis                                                           
                                                                               
COMMITTEE CALENDAR                                                             
                                                                               
SB 242 - FORFEIT GOOD TIME OF SOME SEX OFFENDERS                               
     - MOVED SB 242 OUT OF COMMITTEE                                           
                                                                               
PREVIOUS SENATE COMMITTEE ACTION                                               
                                                                               
NO PREVIOUS SENATE COMMITTEE ACTION                                            
                                                                               
WITNESS REGISTER                                                               
                                                                               
Senator Jerry Ward                                                             
State Capitol                                                                  
Juneau, AK 99801-1182                                                          
Position Statement: Prime Sponsor of SB 242                                    
                                                                               
Ms. Margo Knuth                                                                
Assistant Attorney General, Department of Law                                  
PO Box 110300                                                                  
Juneau, AK 99801-0300                                                          
Position Statement: Commented on SB 242                                        
                                                                               
Mr. Blair McCune                                                               
Public Defender                                                                
900 West 5th Ave.                                                              
                                                                               
Anchorage, AK 99501                                                            
Position Statement: Commented on SB 242                                        
                                                                               
Ms. Pam Karalunas                                                              
Fairbanks Child Sexual Abuse Task Force                                        
PO Box 73893                                                                   
Fairbanks, AK 99707                                                            
Position Statement: Supported SB 242                                           
                                                                               
ACTION NARRATIVE                                                               
                                                                               
TAPE 98-2, SIDE A                                                              
Number 001                                                                     
                                                                               
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to                
order at 1:37 p.m. and noted the presence of SENATOR MILLER and                
SENATOR PEARCE. He stated SB 242 was up for discussion.                        
                                                                               
SENATOR WARD, prime sponsor of SB 242, presented the bill. He said             
it is a simple bill that is explained in its title. The current                
state policy, which he wholeheartedly endorses, allows 'good time'             
for prisoners. He believes, however, if a prisoner fails to                    
complete a mandatory court-ordered treatment program they should               
not be eligible for good time. This is the intent of the bill. He              
did not know until recently that these prisoners were even eligible            
for good time and his bill seeks to correct this.                              
                                                                               
CHAIRMAN TAYLOR asked if an order is contained in a judge's                    
sentence, how would the Department of Corrections (DOC) avoid                  
complying with it.                                                             
                                                                               
SENATOR WARD explained it is up to the Commissioner to comply with             
court orders and he thinks in most cases they try to follow through            
with them. If the judge orders completion of a program, he thinks              
the offender should go through with it for the protection of the               
public. He says we can't afford to do anything less.                           
                                                                               
CHAIRMAN TAYLOR expressed concern that court orders are not being              
followed and that people at DOC are going to do whatever they feel             
like doing. He was also concerned this same thing may be happening             
in other areas also, like drug treatment programs. He said it                  
sounds to him like the orders are already in place, they are simply            
not being complied with.                                                       
                                                                               
SENATOR WARD agreed, saying he was attempting to get information               
regarding other types of court ordered treatment also. He saw this             
particular problem as paramount and had the bill drafted as soon as            
he became aware of it. He planned to continue gathering information            
on the other programs and would not mind incorporating them into               
this bill, if the committee desired.                                           
                                                                               
CHAIRMAN TAYLOR said there was other legislation pending regarding             
drug treatment programs and registering of sex offenders. He said              
when the original registration bill was passed its intent was all              
sex offenders be registered. It came out later that through some               
bureaucratic loophole it fell through the cracks at DOC, did not               
happen and had to come back to the legislature.                                
                                                                               
SENATOR WARD said this is the reason this bill came about. He                  
expressed frustration that the public might get a false sense of               
security if a convicted sex offender who failed to complete a                  
court-ordered rehabilitation program was released. He believed this            
bill would be correcting an oversight.                                         
                                                                               
MR. BLAIR MCCUNE, deputy director of the public defender's office              
in Anchorage spoke next via teleconference. He brought to the                  
committee's attention Alaska Statute 33.16.22, which he said does              
this already through the parole board. He said if a prisoner fails             
to complete court-ordered treatment the parole board can revoke                
their mandatory release parole. He explained mandatory release                 
parole is known as "good time" and has been revoked by the parole              
board 30 different times in 1997. He said the revocation can only              
occur when the programs have been made available to the prisoners;             
if the programs are not made available, good time will not be                  
revoked. He did say the treatment is expensive and possibly not                
made available to everyone.                                                    
                                                                               
CHAIRMAN TAYLOR asked if he had actually been citing Alaska Statute            
33.16.220(2) and Mr. McCune agreed he had been.                                
                                                                               
MS. PAM KARALUNAS, characterizing herself as an expert on child                
sexual abuse, spoke from Fairbanks on behalf of the Fairbanks Child            
Sexual Abuse Task Force. She expressed strong support for the bill             
even after the previous testimony. She said this bill clarifies                
what should be happening and she has not seen it happening now. She            
recounted an example where an offender had been kicked out of a                
treatment program and had been released on good time against the               
advice of his therapist who was concerned enough to warn this                  
person's former spouse. He was released with much opposition from              
the community and subsequently moved in a few blocks from his                  
former spouse. She told of her frustration that nothing can be done            
about this and other similar cases she has witnessed. She stated               
even if this law is already in effect this bill would help. She                
believes sex offender release should be contingent on completing a             
rehabilitation program and she feared when sex offenders are let               
out of prison without one, they are let out to re-offend.                      
                                                                               
MS. MARGO KNUTH, assistant Attorney General with the Department of             
Law (DOL), representing the Department of Corrections, spoke next.             
She expounded on the remarks made by Mr. McCune, saying the                    
prisoners ordered by the court into programs are being examined and            
reviewed by the parole board. She informed the committee that there            
were 33 cases of prisoners failing to complete their court-ordered             
program last year. In 31 of those cases the parole board revoked               
the mandatory good time accrued for these prisoners and reinstated             
their full sentences. She added that in two cases the parole board             
concluded the revocation of good time was unnecessary. She said                
that discretion would be lost under this bill and those prisoners              
would also lose their good time. She explained this was the basis              
for the fiscal note. She distinguished between mandatory parole and            
discretionary parole and said there are no sex offenders being                 
granted discretionary parole without having completed the treatment            
program. She explained mandatory parole was the law that presumed              
a prisoner would be released unless there was a basis for                      
revocation. She said failing to comply with a court order would                
provide that basis. She said the intent of the legislation is                  
appropriate but the impact would be fairly minimal.                            
                                                                               
SENATOR PEARCE asked why the parole board failed to revoke good                
time in the other two cases.                                                   
                                                                               
MS. KNUTH was not sure but offered that in some cases a program may            
not be effective for an individual due to language problems or                 
other circumstances.                                                           
                                                                               
SENATOR PEARCE questioned whether the revocation rate had been more            
than ninety per cent in previous years.                                        
                                                                               
Number 192                                                                     
                                                                               
MS. KNUTH responded that it had.                                               
                                                                               
CHAIRMAN TAYLOR asked if the fiscal note assumed there were no sex             
offenders currently in probationary status.                                    
                                                                               
MS. KNUTH explained that such a person in probationary status would            
also be on parole and would be examined under the conditions of                
parole. She stated that with such a serious offense all sex                    
offenders on probation would also be on parole.                                
                                                                               
CHAIRMAN TAYLOR referred to the fiscal note, asking if the                     
department was contemplating two revocations.                                  
                                                                               
MS. KNUTH said of the 33 offenders who did not complete their                  
program, the parole board revoked 31 cases on their own. Under this            
law the other two would be revoked as the parole board would no                
longer maintain discretion over it.                                            
                                                                               
CHAIRMAN TAYLOR commented that the department must have already                
budgeted for the 31 individuals.                                               
                                                                               
MS. KNUTH agreed, saying the fiscal note reflects two more.                    
                                                                               
CHAIRMAN TAYLOR marveled at the ability of the department to budget            
so exactly in advance. He asked if the parole board requires people            
to complete the program or to pass the program.                                
                                                                               
MS. KNUTH said they must successfully complete the program.                    
                                                                               
CHAIRMAN TAYLOR asked if the course could be completed by sitting              
in a room listening to someone talk for an allotted time or if                 
change is assessed and action is required. He wondered how we could            
still have so much recidivism if this course is being completed.               
                                                                               
MS. KNUTH clarified that most people are not completing the                    
program. She said some people reach the end of their sentence                  
before they can and others simply will not participate.                        
                                                                               
SENATOR PEARCE asked what the sentence for first degree sexual                 
assault might be.                                                              
                                                                               
MS. KNUTH replied it would be eight years for a first offense,                 
fifteen years for a second. However, most people are convicted of              
a class A or B felony which carry approximately five and four years            
respectively. A large number of sex offenders in the state are                 
being convicted of a class B felony and serving two to fours years,            
often not long enough to complete the program.                                 
                                                                               
CHAIRMAN TAYLOR asked if this passed would there be someone                    
certifying they had completed the program or keeping them                      
incarcerated for the full period of the original sentence. He asked            
if one of the two cases in which good time was not revoked was the             
case mentioned by Ms. Karalunas.                                               
                                                                               
MS. KNUTH answered she did not believe so and clarified that many              
judges recommend the program rather than order it, in which case               
that legislation would not apply. She stated a recommendation was              
not the same mandate as a court order.                                         
                                                                               
SENATOR PEARCE asked if it was recommended and not ordered would               
the parole board have the authority to revoke good time.                       
                                                                               
MS. KNUTH replied no.                                                          
                                                                               
CHAIRMAN TAYLOR expressed concern. He believes sometimes judges                
might submit recommendations rather than orders due to frustration             
that their orders may be disregarded by the correctional system. He            
emphasized the separation of the three branches of government and              
recalled his orders not being complied with in his years on the                
bench. He said a judge can impose his best sentence and hope for               
the best. He added he is somewhat satisfied at this point with the             
actions of the parole board.                                                   
                                                                               
SENATOR PEARCE stated that the difficulty with sex offenders is                
that DOC has no hammer over the people who are incarcerated if the             
program has only been recommended. Unless judges actually order the            
completion of the program, neither the DOC nor the parole board                
have a hammer over the offender if they do not complete the                    
program.                                                                       
                                                                               
CHAIRMAN TAYLOR asked if the program was recommended whether the               
department could require it or only offer it.                                  
                                                                               
MS. KNUTH replied it could only be offered and availability is                 
subject to the resources available. She said a larger sex offender             
program might be helpful.                                                      
                                                                               
SENATOR PEARCE inquired what form the treatment takes.                         
                                                                               
MS. KNUTH said she did not have much information about it but could            
find out.                                                                      
                                                                               
SENATOR MILLER asked CHAIRMAN TAYLOR if the legislation passed he              
would foresee judges making more order rather than recommendations.            
                                                                               
CHAIRMAN TAYLOR replied absolutely yes. If a judge knew an order               
would have major impact on a sentence he would definitely do it.               
                                                                               
MS. KNUTH added that prosecutors would have a training session                 
after the session to inform and educate them about any new laws and            
CHAIRMAN TAYLOR said the judicial branch would go through the same             
process.                                                                       
                                                                               
SENATOR WARD mentioned the idea that Florida is getting tough on               
sex offenders - if they do not complete their program they not only            
lose any good time accrued, they get an extra one third of their               
sentence added on to it. He was not suggesting that here, only                 
bringing it to light.                                                          
                                                                               
CHAIRMAN TAYLOR interjected that option is available to the court              
here also and SENATOR WARD agreed.                                             
                                                                               
SENATOR PEARCE asked if the chair intended to move the bill and                
CHAIRMAN TAYLOR affirmed that was intention if it pleased the                  
committee. SENATOR PEARCE encouraged SENATOR WARD and MS. KNUTH to             
review the two cases in which good time was not revoked and see                
what happened there. She would like to see if the numbers of cases             
revoked was consistent over a number of years. She said she would              
not like to 'slam dunk' the parole board by removing their                     
discretion.                                                                    
                                                                               
CHAIRMAN TAYLOR noted the bill will be heard in the finance                    
committee due to the fiscal note. He asked if there was further                
testimony on the bill.                                                         
                                                                               
SENATOR PEARCE moved the bill move out of committee with individual            
recommendations. Without objection, the bill was moved and CHAIRMAN            
TAYLOR adjourned the meeting at 2:15.                                          
                                                                               
                                                                               

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