Legislature(2001 - 2002)

02/11/2002 01:32 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                    ALASKA STATE LEGISLATURE                                                                                    
                   SENATE JUDICIARY COMMITTEE                                                                                 
                        February 11, 2002                                                                                       
                            1:32 p.m.                                                                                           
                                                                                                                              
                                                                                                                              
MEMBERS PRESENT                                                                                                               
                                                                                                                              
Senator Robin Taylor, Chair                                                                                                     
Senator Dave Donley, Vice Chair                                                                                                 
Senator John Cowdery                                                                                                            
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All Members Present                                                                                                             
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                              
SENATE BILL NO. 242                                                                                                             
"An Act relating to concealed handgun permittees."                                                                              
     MOVED SB 242 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223                                                                                      
"An Act  limiting the award of  good time and  restricting release                                                              
on mandatory  parole for prisoners  serving certain  sentences who                                                              
fail to  attain certain  minimum educational standards;  providing                                                              
that  prisoners having  attained  or attaining  those  educational                                                              
standards receive good time awards  and availability of release on                                                              
mandatory   parole  of  one-third   of  the   term  or   terms  of                                                              
imprisonment rounded off to the nearest  day; and providing for an                                                              
effective date."                                                                                                                
     MOVED CSSSSB 223(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action.                                                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                              
Brian Judy                                                                                                                      
National Rifle Association                                                                                                      
Institute for Legislative Action                                                                                                
555 Capitol Mall, Suite 625                                                                                                     
Sacramento, CA  95814                                                                                                           
POSITION STATEMENT:  Supports SB 242                                                                                          
                                                                                                                                
Pete Roberts                                                                                                                    
P.O. Box 1134                                                                                                                   
Homer, AK 99603                                                                                                                 
POSITION STATEMENT:  Supports SB 242                                                                                          
                                                                                                                                
Captain David Hudson                                                                                                            
Alaska State Troopers Department of Public Safety                                                                               
5700 E. Tudor Rd.                                                                                                               
Anchorage, AK  99507-1225                                                                                                       
POSITION STATEMENT:  Testified on SB 242                                                                                      
                                                                                                                                
Lieutenant Julie Grimes, Supervisor                                                                                             
Concealed Handgun Permit Program, Department of Public Safety                                                                   
5700 E. Tudor Rd.                                                                                                               
Anchorage, AK  99507-1225                                                                                                       
POSITION STATEMENT:  Testified on SB 242                                                                                      
                                                                                                                                
Joe Nava                                                                                                                        
No address given                                                                                                                
Fairbanks, AK                                                                                                                   
POSITION STATEMENT:  Supports SB 242                                                                                          
                                                                                                                                
Candace Brower, Program Coordinator                                                                                             
Department of Corrections                                                                                                       
431 N. Franklin Ste 400                                                                                                         
Juneau, AK  99801                                                                                                               
POSITION STATEMENT:  Opposed to SB 223                                                                                        
                                                                                                                                
Bruce Richards, Special Assistant                                                                                               
Department of Corrections                                                                                                       
4500 Diplomacy Ste 109                                                                                                          
Anchorage, AK  99508                                                                                                            
POSITION STATEMENT:  Opposed to SB 223                                                                                        
                                                                                                                                
Rose Munafo, Criminal Justice Planner                                                                                           
Department of Corrections                                                                                                       
4500 Diplomacy Ste 109                                                                                                          
Anchorage, AK  99508                                                                                                            
POSITION STATEMENT:  Opposed to SB 223                                                                                        
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 02-03, SIDE A                                                                                                            
                                                                                                                                
                                                                                                                                
CHAIRMAN  ROBIN  TAYLOR  called  the  Senate  Judiciary  Committee                                                            
meeting  to order  at  1:32 p.m.    Present were  Senator  Donley,                                                              
Senator Cowdery, and Chairman Taylor.   Senator Therriault arrived                                                              
at 1:33  p.m. and  Senator Ellis  arrived at  1:37 p.m.   Chairman                                                              
Taylor announced the first order of business would be SB 242.                                                                   
                                                                                                                                
                                                                                                                                
               SB 242-CONCEALED HANDGUN PERMITTEES                                                                          
                                                                                                                              
CHAIRMAN TAYLOR,  SB 242  sponsor, explained  that the  purpose of                                                              
initiating  the legislation was  to give  themselves an  update on                                                              
the  current  status  of  the  reciprocity  agreements  that  were                                                              
supposed to  be entered  into by the  Department of Public  Safety                                                              
(DPS) with other  states on the issue of concealed  carry permits.                                                              
The  Department of  Public Safety's  website  listed seven  states                                                              
from which Alaska  recognizes permits.  The website  indicated six                                                              
of  those, Arizona,  Florida,  North  Dakota, Oklahoma,  Utah  and                                                              
Wyoming  were by  agreement.   There  are other  states, which  he                                                              
believed  had   expanded  to  seven,  which   currently  recognize                                                              
Alaska's permits; he listed Idaho,  Indiana, Kentucky and Montana.                                                              
He  understood  four   of  those  states  were   added  since  the                                                              
legislation was filed.                                                                                                          
                                                                                                                                
He  explained  it  had  been  four  years  since  the  legislature                                                              
instructed,  with mandatory  language, DPS  draft regulations  and                                                              
get  about the  business of  providing  reciprocity for  concealed                                                              
carry permits with other states.   That was primarily so Alaskans,                                                              
who  meet the  highest standards  in  the nation  for a  concealed                                                              
carry permit,  would be  granted the  opportunity to utilize  that                                                              
permit in other states to which they  traveled.  He had hoped that                                                              
would be an ongoing  process but was concerned that  over the last                                                              
four  years  DPS  had  not  taken   the  action  required  by  the                                                              
legislature.  That was the purpose for filing this bill.                                                                        
                                                                                                                                
BRIAN JUDY, National  Rifle Association Institute  for Legislative                                                              
Action, gave  the following  testimony in support  of SB 242.   In                                                              
1994 DPS disseminated a white paper  on HB 351, the original right                                                              
to carry bill in Alaska.  The title  of that report was To Conceal                                                            
or Not to Conceal, That is the Question.   He said that report was                                                            
full of  a number  of alarmist suggestions  and predictions,  that                                                              
there  would  be  guns  at grocery  stores,  on  ball  fields  and                                                              
Anchorage fender  benders would  become shoot  outs.  In  2000 DPS                                                              
acknowledged  the outcome was  the same as  in every  other state,                                                              
there had  been virtually  no problem.   Law-abiding citizens  who                                                              
have  been  issued permits  are  exercising  their  constitutional                                                              
right  to bear  arms  and their  right  to self-defense  with  the                                                              
utmost responsibility.   Self-defense  is a fundamental  right and                                                              
law-abiding citizens should be able  to choose to not only provide                                                              
a means  for self-protection  but  also to determine  how best  to                                                              
provide this protection.                                                                                                        
                                                                                                                                
MR. JUDY said  it is the NRA's belief, as with  driver's licenses,                                                              
the  right-to-carry   permits  should   be  honored   universally.                                                              
Studies  have shown  that  crime  rates dropped  when  law-abiding                                                              
citizens have the  means to provide for their  own self-protection                                                              
and when  criminals know  that their  next potential victim  might                                                              
fight back.                                                                                                                     
                                                                                                                                
In 1998  SB 141 first  recognized permits  from other states.   In                                                              
2000 SB  294 clarified and broadened  the number of  states Alaska                                                              
would recognize  and there  was no  opposition to  that bill.   He                                                              
said  DPS has  been  unable to  provide  a complete  and  accurate                                                              
listing of all the states Alaska  recognizes.  The current statute                                                              
said Alaska  recognized states with  similar laws and  states that                                                              
recognize Alaska's  permits.   There are states  in both  of those                                                              
categories that Alaska  law recognizes that are not  listed on the                                                              
website.    The  website  posting  did  not  necessarily  get  the                                                              
information out to all law enforcement agencies in the state.                                                                   
                                                                                                                                
He said  SB 242  would recognizing  all other  states permits  and                                                              
relieve  DPS of  the burden  of having  to  evaluate other  states                                                              
laws.  It will notify all the local  law enforcement agencies that                                                              
any permit  from any other state is  valid.  He felt  the State of                                                              
Alaska  should  not  have  any  reservation  about  welcoming  law                                                              
abiding citizens of other states and welcoming their permits.                                                                   
                                                                                                                                
He said their intent with this law  is to allow the people who can                                                              
carry openly  in Alaska  to choose to  carry concealed.   Any law-                                                              
abiding tourist  right now  can carry  a firearm openly  virtually                                                              
anywhere in Alaska.  He said it made  no sense to allow anybody to                                                              
carry openly  but deny those who  have gone through  the licensing                                                              
process in  their own state the  ability to carry concealed.   Law                                                              
abiding citizens should  be able to choose whether  to provide for                                                              
their own  protection and  be able to  choose the manner  in which                                                              
they do so.  The NRA urged the committee to support SB 242.                                                                     
                                                                                                                                
SENATOR COWDERY asked how many other states have carry permits.                                                                 
                                                                                                                                
MR. JUDY answered  there are 31 states that allow  the carrying of                                                              
concealed weapons and  issue permits to their residents  and a lot                                                              
of states issue to non-residents as well.                                                                                       
                                                                                                                                
SENATOR  COWDERY  asked  if  the criteria  in  other  states  were                                                              
similar to the criteria in Alaska for obtaining a carry permit.                                                                 
                                                                                                                                
MR. JUDY said  the laws differed but were similar.   Virtually all                                                              
the  states require  a  background  check and  most  of those  are                                                              
fingerprint based.  The majority  of states require some type of a                                                              
training program  but they vary  considerably.  Regardless  of the                                                              
differing  criteria  and the  differing  standards  from state  to                                                              
state, the one piece of information  that is the same out of every                                                              
state is that permit holders are not a problem.                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR told  of a state employee that  had contacted him.                                                              
He held a concealed carry permit  but had never used his permit in                                                              
Alaska  because  he never  felt  he needed  to.   He  had  carried                                                              
concealed in  Arizona and appreciated  the fact that Alaska  had a                                                              
reciprocity agreement with Arizona that allowed that.                                                                           
                                                                                                                                
He commented  that regulations from  DPS required people  who held                                                              
concealed carry permits from North  Dakota be at least 21 years of                                                              
age.                                                                                                                            
                                                                                                                                
MR. JUDY said there  were a couple of states that  allowed for the                                                              
sheriff to issue  to people with cause between the  ages of 18 and                                                              
21.                                                                                                                             
                                                                                                                                
SENATOR TAYLOR said the purpose of  the legislation is to expedite                                                              
the  process of  providing for  reciprocity.   He  asked for  some                                                              
background on Mr. Judy's working relationship with DPS.                                                                         
                                                                                                                                
MR. JUDY  said it was generally  positive but not productive.   In                                                              
March  of 1998  following  the passage  of  SB 141,  DPS issued  a                                                              
memorandum  to  law  enforcement  personnel  that  summarized  the                                                              
provisions of  the new law and included  a list of 17  states from                                                              
which permits would be recognized  by Alaska.  In 1999 DPS changed                                                              
their policy  and were not  honoring permits  from any state.   In                                                              
May of 1999 he  first contacted Deputy Commissioner  Del Smith who                                                              
said he would look into it and the problem would be addressed.                                                                  
                                                                                                                                
                                                                                                                                
MR. JUDY said there is a lack of  complete information and posting                                                              
it on  the website does  not meet the  requirement of  the statute                                                              
that  DPS provide  the information  to all  local law  enforcement                                                              
agencies.                                                                                                                       
                                                                                                                                
SENATOR ELLIS noted that the title of the legislation was broad.                                                                
                                                                                                                                
He asked Chairman  Taylor if this legislation  addressed a concern                                                              
in  his community  that  involved an  incident  where Mr.  Timothy                                                              
Wagner  had been adjudicated  mentally  ill.   He had a  concealed                                                              
carry permit  and there  were a number  of people concerned  about                                                              
that being  allowed under the  law.  He  asked if he  was familiar                                                              
with that incident.   If that is a problem, was  any thought given                                                              
to fixing  it in this  legislation.   He wanted Chairman  Taylor's                                                              
thoughts  and also Mr.  Judy's comment  on the  subject of  people                                                              
adjudicated mentally ill having concealed carry permits.                                                                        
                                                                                                                                
CHAIRMAN TAYLOR said his primary  concern was the broadness of the                                                              
title and would not mind at all narrowing  that up a bit if people                                                              
thought it would be appropriate.                                                                                                
                                                                                                                                
CHAIRMAN TAYLOR did not think Mr.  Wagner was adjudicated mentally                                                              
ill  until after  the incident.   He  was concerned  that had  Mr.                                                              
Wagner been standing  outside of the same store with  his gun in a                                                              
holster on  his leg he  would have been  legal in Alaska,  he does                                                              
not need  a permit  to do  that.   He was sighted  for failing  to                                                              
disclose to the officer who approached  him the fact that he had a                                                              
concealed firearm.   Chairman Taylor  was not sure how  to address                                                              
that  situation in  the legislation  but  would be  happy to  give                                                              
consideration to it.                                                                                                            
                                                                                                                                
SENATOR ELLIS asked Mr. Judy to explain  how other states may have                                                              
addressed or failed  to address the subject of  mental illness and                                                              
concealed carry.                                                                                                                
                                                                                                                                
MR.  JUDY  said  under  Federal Law  there  is  a  prohibition  on                                                              
possession  of a  firearm  for anybody  who  has been  adjudicated                                                              
mentally  incompetent  or  who  has been  committed  to  a  mental                                                              
institution.   The  State  of Alaska  has  the  same standard  for                                                              
possession  of a firearm.   In  this incident  Mr. Wagner  had not                                                              
been  adjudicated  and  had  no  record  of  any  kind  of  mental                                                              
problems.    If  he  had  been  carrying   openly  and  exhibiting                                                              
delusional  behavior nothing could  have been  done except  if law                                                              
enforcement at  the scene or the  person at the dive shop  who was                                                              
observing  his behavior  could, under  Alaska  Law Sec  47.30.700,                                                              
initiate an involuntary  commitment procedure.   Had that happened                                                              
and Wagner had  been committed then he could not  under Alaska Law                                                              
possess a firearm.                                                                                                              
                                                                                                                                
MR. JUDY  explained in  1998 SB 141  brought the concealed  weapon                                                              
permit  law into  line with  the possession  law in  the State  of                                                              
Alaska.   With that bill  if you could  legally possess  a firearm                                                              
then you would qualify  for a permit and any place  that you could                                                              
carry  a firearm  openly  you would  be able  to  carry a  firearm                                                              
concealed.                                                                                                                      
                                                                                                                                
He said the  law worked perfectly  in the Wagner case  because law                                                              
enforcement was  readily able to  determine that he had  a permit,                                                              
he was  acting delusional,  he had  not let  law enforcement  know                                                              
that he  was a  permit holder and  carrying so  they were  able to                                                              
arrest him  and charge him.   He was ultimately convicted  by that                                                              
section.  As part  of his sentence he was given  3 years probation                                                              
and  as  a condition  of  the  probation  he was  prohibited  from                                                              
possessing firearms.   He said that meant he does  not qualify for                                                              
a permit for  as long as he  is subject of that prohibition.   Mr.                                                              
Judy  thought once  he completed  his  probation if  he was  still                                                              
considered to  be a danger  and to have  mental problems  then any                                                              
one of  the people who  are working with  him in the  system could                                                              
initiate commitment  procedures and there by not  only prevent him                                                              
from qualifying for  a permit but also keep him  in the prohibited                                                              
class regarding straight possession.                                                                                            
                                                                                                                                
CHAIRMAN  TAYLOR said he  was taken  off the  street, his  gun was                                                              
removed  and he  was convicted  of the  offense because  he had  a                                                              
concealed carry permit and did not  adhere to Alaska Laws.  Had he                                                              
been carrying the gun openly there would have been no offense.                                                                  
                                                                                                                                
PETE  ROBERTS, Homer  resident, asked  the committee  to vote  for                                                              
reciprocity on  concealed carry permits.   He said  the statistics                                                              
on  it are  magnificent.   If  statistics were  only  so good  for                                                              
people  driving cars  people would  be a  lot safer.   He  thought                                                              
there were some very good reasons  for concealed carry permits and                                                              
a number  of them had occurred  recently.  Some of  the schoolyard                                                              
shootings  would have  been better  if there had  been some  armed                                                              
adults.  He knew that would not be  covered under this bill but in                                                              
schools  and  on  airplanes  maybe  some  incidents,  such  as  on                                                              
             th                                                                                                                 
September  11,    would  not  have  happened  if  there  had  been                                                              
somebody armed.   He supported SB 242.  He said  there are so many                                                              
laws covering  guns that  only legitimate  responsible people  can                                                              
legally be  doing anything  with a  gun in  the United States  and                                                              
that is  as it  should be.   He  concluded an  armed society  is a                                                              
polite society.                                                                                                                 
                                                                                                                                
CAPTAIN  HUDSON,  Alaska  State   Troopers  Department  of  Public                                                              
Safety, said Lieutenant Julie Grimes,  Supervisor of the Concealed                                                              
Handgun Permit  Program was  with him.   He  explained in  2000 he                                                              
testified on  SB 294 and assisted  in developing those  changes in                                                              
the  law.   At  that  time  their  goal  was to  try  to  increase                                                              
reciprocity  around the  nation in  regards  to concealed  handgun                                                              
permits.  He said  they were remiss in that their  website did not                                                              
identify clearly several of the states  that they have reciprocity                                                              
with.  He said Mr. Judy indicated  there is a two-part reciprocity                                                              
agreement that was developed in Chairman Taylor's last bill.                                                                    
   · To accept anyone's permit from a state that would accept                                                                   
     Alaska's.                                                                                                                  
   · If a state met the minimum criteria of Alaska we would                                                                     
     accept their permit.                                                                                                       
                                                                                                                                
He  explained that  the  reason he  was adamant  at  that time  in                                                              
regards  to reciprocity  was  they  wanted to  try  and make  sure                                                              
Alaskans had  the opportunity to  carry firearms as  they traveled                                                              
from state to state.   He believed at that point  in time that the                                                              
primary impetus  was to provide  Alaskan citizens  the opportunity                                                              
to carry their firearms when they traveled to other areas.                                                                      
                                                                                                                                
CAPTAIN HUDSON noted  that Mr. Judy said there  were approximately                                                              
31 states  that currently  had forms  of handgun permit  programs.                                                              
Alaska recognized  25 of those states  as defined in SB  294 which                                                              
Chairman Taylor  had worked  so hard on  in 2000. DPS  wanted some                                                              
sort of documentation  from those state managers  that would allow                                                              
them  to put  that  agreement  on file  so  they could  make  sure                                                              
Alaskan citizens were safe when they  travel.  The current website                                                              
listed the states which had given  them a reciprocity agreement so                                                              
when Alaskan citizens travel they had something to back that up.                                                                
                                                                                                                                
He  said DPS  was moving  forward  and continues  to  try to  move                                                              
forward, they  want to make sure  that Alaskan citizens  can carry                                                              
their firearms  when they travel  outside the State of  Alaska and                                                              
DPS can provide  them recent, current and accurate  information on                                                              
which states  will accept  their  permits.  One  of their  biggest                                                              
fears has been that as our state  laws have changed since 1994 and                                                              
other states  also continually  change  their laws.   They  try to                                                              
maintain  a   relationship  to  insure  correct   information  for                                                              
Alaskans traveling to another state.                                                                                            
                                                                                                                                
CAPTAIN HUDSON  wanted to  make sure the  committee did  not think                                                              
DPS  had done  nothing  because they  had  attacked  the issue  in                                                              
several  directions.  Alaska  accepts several  states permits  and                                                              
those states  had yet to tell  DPS if they would  accept Alaska's.                                                              
On the website they showed nine actual  reciprocity states.  There                                                              
was  actually fourteen  but  they were  waiting  for some  written                                                              
confirmation from them.  Out of the  31 existing states with carry                                                              
permits, Alaska would then or very  soon accept 25 of those states                                                              
and hopefully they can get some of them to accept Alaska's.                                                                     
                                                                                                                                
SENATOR COWDERY asked how many unlawful  incidents had occurred in                                                              
the State  of Alaska caused  by a concealed  carrier who  used his                                                              
weapon illegally.                                                                                                               
                                                                                                                                
CAPTAIN HUDSON said  to his knowledge there had not  been any.  He                                                              
noted Mr. Judy  had said the citizen  that goes to the  trouble of                                                              
getting a  permit and  legally doing  so is not  likely to  be out                                                              
committing crimes.                                                                                                              
                                                                                                                                
SENATOR  COWDERY asked  if there  had  been any  incident where  a                                                              
carrier has been a help to law enforcement in Alaska.                                                                           
                                                                                                                                
CAPTAIN  HUDSON did  not  believe there  had  been any  identified                                                              
incidents of that either.                                                                                                       
                                                                                                                                
SENATOR THERRIAULT said Captain Hudson  had stated in his comments                                                              
DPS wants to provide good concise,  timely information but started                                                              
his comments  out by saying  DPS had  been remiss in  getting that                                                              
information out.  He wanted to know where the problem was.                                                                      
                                                                                                                                
CAPTAIN HUDSON said  he would be remiss in telling  him that if he                                                              
looked  at the  website  that  day all  14  states  were up  there                                                              
because they  were not.   He wanted  to make  sure that  was clear                                                              
because he  didn't want  him to think  he was leading  him astray.                                                              
They  had constantly  tried to  contact other  states.   It was  a                                                              
dynamic  ongoing process  and like  anything, it  was a matter  of                                                              
timeliness trying to  make it happen.  The website  was not as up-                                                              
to-date on a daily basis as they wished.                                                                                        
                                                                                                                                
SENATOR  THERRIAULT  asked if  the  25  states were  states  where                                                              
Alaska recognized  their permits  and the list  of 13 they  had in                                                              
front of  them or  the 14  that Captain  Hudson was talking  about                                                              
were states that recognized Alaska's.                                                                                           
                                                                                                                                
CAPTAIN  HUDSON  said the  list  on  the  website that  day  under                                                              
reciprocity,  a total of  14, were  states with true  reciprocity.                                                              
They  would take  Alaska  permits and  Alaska  would take  theirs.                                                              
They had  identified another 11 states  which met the  criteria in                                                              
the  second portion  of  Alaska's  law but  had  not  yet said  or                                                              
provided any documentation that they  would accept Alaska permits.                                                              
They were working  on that on a regular basis and  he thought some                                                              
or most of them would accept Alaskan  permits.  It was a matter of                                                              
reaching the right person at the right time.                                                                                    
                                                                                                                                
SENATOR  THERRIAULT asked  Mr. Judy  if  we recognize  everybody's                                                              
permit but have no leverage to get  other states to recognize ours                                                              
did that put Alaska citizens at a disadvantage.                                                                                 
                                                                                                                                
MR. JUDY  said the more  states NRA can get  to pass laws  such as                                                              
the one they  are considering with  SB 242 the more  leverage they                                                              
would have.  He assured him NRA was  working with states trying to                                                              
get legislation passed where if states  were not cooperative those                                                              
states  would  simply  recognize  permits  from all  states.    He                                                              
thought  the more  states  they can  get  to act,  like  hopefully                                                              
Alaska  will  act, then  it  will be  like  a string  of  dominoes                                                              
eventually all the dominoes are going to fall.                                                                                  
                                                                                                                                
He  reiterated his  doubt that  all law  enforcement agencies  are                                                              
aware  of those  25 states  because he  had been  attempting on  a                                                              
regular  basis to get  information  and had never  heard that  DPS                                                              
considers 25  states as being valid  in Alaska.  He said  he would                                                              
venture to  guess that most law  enforcement agencies had  no clue                                                              
regarding that  point as well.  One  of the comments the  NRA made                                                              
for proposed  regulations for SB  294 was for all  law enforcement                                                              
in  Alaska  be notified  including  those  that  do not  have  web                                                              
access. He wanted  the web to reflect a complete  listing of those                                                              
states with reciprocity and those states with similar laws.                                                                     
                                                                                                                                
CHAIRMAN TAYLOR said  that was the purpose of  the legislation and                                                              
for being there.  He was shocked  to hear that DPS was recognizing                                                              
25 states.  He  asked Captain Hudson and Lieutenant  Grimes had he                                                              
asked DPS in early December how many  states Alaska recognized and                                                              
granting reciprocity to what would the number have been then.                                                                   
                                                                                                                                
CAPTAIN  HUDSON  said he  could  not answer  that.    In the  last                                                              
several months they had put more  emphasis on trying to accomplish                                                              
this.  He believed  Commissioner Del Smith had  spoken to Chairman                                                              
Taylor  and they  put  some emphasis  on  it.   He  knew that  the                                                              
reciprocity page on  the website which had nine states  on it were                                                              
all there  in December.  There  had been several added  since that                                                              
time.                                                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR  said when they checked  the website on  the first                                                              
of February it listed seven states  which Alaska recognized.  From                                                              
Captain Hudson's  testimony they actually  now have 14  which they                                                              
have some  type of agreement  with and 25  that they hope  to have                                                              
some type of written agreement with  in the near future.  He asked                                                              
if that was correct.                                                                                                            
                                                                                                                                
CAPTAIN HUDSON  said yes.  They had  four states they had  been in                                                              
contact with  which indicated they would  give DPS some  sort of a                                                              
written  confirmation   they  will   give  reciprocity;   Georgia,                                                              
Alabama,  Connecticut  and  Indiana.     When  they  actually  get                                                              
something from their  program managers in writing  they are locked                                                              
in  on  the  website.    For the  top  six  there  are  copies  of                                                              
agreements  that citizen  can pull  up and  see.   The website  is                                                              
dynamic  and  changing.    The other  states  they  evaluated  for                                                              
criteria have  been contacted and  are pending response  from them                                                              
and hopefully they will accept Alaska  permits.  One of the things                                                              
New Hampshire  indicated was  they would  honor Alaska  except for                                                              
the  120-day rule  in Alaska  law.   He  said they  are trying  to                                                              
convince  them under the  second phase  of our  law, if  they will                                                              
just accept  our permit we will  accept theirs, there is  no limit                                                              
for the 120 days.                                                                                                               
                                                                                                                                
CAPTAIN HUDSON  said there  is dialogue  going on between  program                                                              
managers of these states and they  are looking at various websites                                                              
and trying  to make  it work  to the  best of  their ability.   It                                                              
behooves them  to do so because once  they can get them  locked in                                                              
if they  don't change their  laws then  they will be  through with                                                              
that issue and can move on to other things.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR said he was making  an assumption but it seemed to                                                              
him that  they had made  very little  progress in reciprocity  for                                                              
almost four years and during that  period of time the dialogue was                                                              
ongoing.  He asked when those letters started flying out of DPS.                                                                
                                                                                                                                
CAPTAIN HUDSON said  after they passed SB 294 in  2000 he went off                                                              
to school for three months in Virginia  and then changed positions                                                              
in DPS.   He was  replaced by  another Lieutenant, not  Lieutenant                                                              
Grimes.  He came back to the program  in July.  He did not want to                                                              
place blame anywhere or try to lead  anybody astray but knew there                                                              
had been  work done  on the  program since  he had  come back  and                                                              
taken over.  He assisted Lieutenant  Grimes promotion and she came                                                              
onto  the program  in  the fall  of  last year.    There had  been                                                              
impetus placed on the program since that time.                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR  said if  he was  to go back  through the  file to                                                              
find out  when the letters actually  left DPS to the  other states                                                              
most of them would be sometime after last fall.                                                                                 
                                                                                                                                
CAPTAIN HUDSON said  that was not quite true.  He  saw the letters                                                              
before he  went off to  the FBI National  Academy in  September of                                                              
2000.   Prior  to his  departure he  saw letters  that were  being                                                              
mailed  out to  every  state that  indicated  they  had state  run                                                              
concealed handgun  programs at  that time.   He knew  letters went                                                              
out after the bill was passed into  law.  How much occurred in the                                                              
interim between then and the following July he did not know.                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR asked  if the DPS  website was  the way  Alaskans                                                              
discover what states give reciprocity.                                                                                          
                                                                                                                                
CAPTAIN HUDSON  said that is correct.   He said they  were waiting                                                              
for  written   confirmation  from   Kentucky,  Georgia,   Alabama,                                                              
Connecticut  and  Indiana.    They  were  working  with  Arkansas,                                                              
Louisiana,  Maine, Maryland,  North Carolina,  New Hampshire,  New                                                              
York, Oregon, South Carolina, Tennessee and West Virginia.                                                                      
                                                                                                                                
CHAIRMAN   TAYLOR  asked   if   their  website   information   and                                                              
regulations as they  are drafted were in compliance  with the law.                                                              
He  understood that  instructors  who are  certified  to give  the                                                              
training programs for concealed carry  were having trouble because                                                              
of problems inherent between the regulations and the website.                                                                   
                                                                                                                                
CAPTAIN HUDSON  said he was confused  about that because  the only                                                              
contact he had had from any instructors  recently in regard to the                                                              
website  and  statutes was  out  of  Fairbanks.   The  instructors                                                              
indicated they did  not have access to the website  and asked them                                                              
for hardcopies of the regulations.                                                                                              
                                                                                                                                
SENATOR  THERRIAULT wanted  to touch  on the issue  of Mr.  Wagner                                                              
because he  had gotten calls from  constituents.  He asked  if Mr.                                                              
Wagner had  been taken into  custody by  the police solely  on the                                                              
fact  that he had  failed to  reveal to  them he  had a  concealed                                                              
weapon with him.                                                                                                                
                                                                                                                                
CHAIRMAN  TAYLOR said  the  charge they  brought  against him  was                                                              
failure  to disclose,  as a permit  holder, that  he was  actually                                                              
carrying.                                                                                                                       
                                                                                                                                
SENATOR  THERRIAULT asked  if the  restriction placed  on him  for                                                              
possessing  a firearm  was because  he was adjudicated  to  have a                                                              
mental  condition   and  while  he   is  getting   treatment  that                                                              
prohibition is put on him.                                                                                                      
                                                                                                                                
CHAIRMAN  TAYLOR said  he did not  think he  had been  adjudicated                                                              
yet.  He noted  Mr. Judy testified he was under  probation for the                                                              
criminal charge he was convicted  of.  That probation will run for                                                              
three years.   If he  is still exhibiting  bazaar behavior  it was                                                              
hoped that someone would file to  have him declared or found to be                                                              
mentally incompetent and for that  reason not to be able to handle                                                              
firearms.   That would  prevent him under  both Federal  and State                                                              
law from even possession of a firearm.                                                                                          
                                                                                                                                
SENATOR THERRIAULT inquired if the  only restriction placed on him                                                              
stemmed from the concealed carry law.                                                                                           
                                                                                                                                
TAPE 02-03 SIDE B                                                                                                             
                                                                                                                                
CHAIRMAN TAYLOR answered  that he would not be  under probation if                                                              
he had the gun strapped on his hip  and was talking about computer                                                              
chips being inserted  in his head and standing in  the rain hoping                                                              
the  rain would  wash  away all  the  evil chemicals  inside  him.                                                              
There  would have  been no  reason  they could  have arrested  him                                                              
other than for some overt or bazaar  or dangerous behavior because                                                              
he would have been perfectly legal  at that point since no one has                                                              
adjudicated him  or committed him.   This law worked very  well to                                                              
make certain that person was no longer on the street with a gun.                                                                
                                                                                                                                
JOE  NAVA, Fairbanks  firearm  safety and  marksmanship  provider,                                                              
said he supported  the bill because it was aimed  at the good guys                                                              
in  this country.   He  agreed with  Mr. Judy  that the  concealed                                                              
carry people  do not cause  problems and  he called them  the good                                                              
guys.    He  informed  the  committee  he  was  an  instructor  in                                                              
Fairbanks  and trained  people  for  the state  and  was a  course                                                              
provider for  the DPS.   He had been  training firearm  safety and                                                              
marksmanship in Alaska  for 40 years and training  instructors for                                                              
30 years.                                                                                                                       
                                                                                                                                
MR. NAVA said he worked very closely  with the ladies in Anchorage                                                              
who administered the  program.  The program allowed  him and other                                                              
instructors around the state to bring  gun safety training to over                                                              
18,000  people who  would  not have  gotten  it  otherwise.   That                                                              
reduced  firearm accidents.  He said  if people  didn't know  that                                                              
educational  training  reduced  accidents  they would  not  be  in                                                              
schools trying  to teach  children how to  behave in  their future                                                              
life so they won't come to grief.                                                                                               
                                                                                                                                
He said the  concealed carry law  in Alaska had reduced  the crime                                                              
rate.   He checked the  crime rate in  the Juneau Library  through                                                              
the reports  sent  in by DPS  for 1995  through 1998.   From  1995                                                              
through 1998 all crimes against a  person had gone down in double-                                                              
digit percentages.   He added it may or may not  have all been the                                                              
result  of the  concealed carry  program  but he  was certain  the                                                              
concealed carry program had some  effect because you could see the                                                              
same statistics in all the other states.                                                                                        
                                                                                                                                
He  explained he  trained concealed  carry applicants  and as  the                                                              
course  provider  was  suppose  to   have  the  most  up  to  date                                                              
information and he  could only get that from the  website.  He had                                                              
a  sheet from  the website  dated  the first  of  February and  it                                                              
listed seven  states and  did not say  anything about  any others.                                                              
He said that seven had been there  for a long time without change.                                                              
                                                                                                                                
The problem  he had was with  the information given to  the people                                                              
and  the  course  providers.  People   get  information  from  the                                                              
instructors when they  take the class.  He has to  present what he                                                              
can get off the website and if that  is not up to date and correct                                                              
then he  is not giving  correct information  to his students.   He                                                              
said he checked the website the first  day of February and it said                                                              
permits must be  renewed in person.  That had been  on the website                                                              
since the  law was changed  in August of the  year 2000.   He sent                                                              
emails to DPS reminding  them of the change but the  answer he got                                                              
was they were going to update the  regulations and then change the                                                              
information on  the website.  He  believed the information  on the                                                              
website should  be accurate and updated  and it should not  take a                                                              
year and a half to do it.                                                                                                       
                                                                                                                                
He  discussed the  stack of  law papers  that DPS  gives to  every                                                              
applicant when  they pick  up their  application and thought  that                                                              
needed to be rewritten also.  He  said the first ten pages of that                                                              
packet were correct, it quoted the  law, but the next ten pages on                                                              
regulations had  not been updated.   He wanted somebody  to update                                                              
the information and website to comply  with the law so he can give                                                              
the best information possible to his students.                                                                                  
                                                                                                                                
SENATOR  DONLEY requested  copies of DPS  correspondence  with the                                                              
other states  including the  dates to be  added to the  record for                                                              
when this legislation goes to the House.                                                                                        
                                                                                                                                
LIEUTENANT GRIMES believed  they could provide most of  that.  She                                                              
thought they had it collected in a notebook.                                                                                    
                                                                                                                                
CHAIRMAN TAYLOR said  they would make that part  of the background                                                              
material that moves with the bill.                                                                                              
                                                                                                                                
SENATOR  DONLEY  moved  SB  242  from  committee  with  individual                                                              
recommendations.  There being no objection, the motion passed.                                                                  
                                                                                                                                
                SB 223-PRISONERS:PAROLE/GOOD TIME                                                                           
                                                                                                                              
                                                                                                                              
SENATOR DONLEY, Sponsor  SB 223, explained it was  a revisit to an                                                              
issue.    The  intent  of  the  legislation  is  to  increase  the                                                              
percentage of incarcerated individuals  in Alaska that at the time                                                              
they are  released would at  least have their General  Equivalency                                                              
Diploma (GED).   The  public policy reasoning  behind it  was that                                                              
studies had shown the number one  factor in recidivism on the part                                                              
of  released  prisoners  from  correctional  facilities  is  their                                                              
ability to  read and write,  their educational level,  which makes                                                              
common sense.   The inability to  read and write  greatly inhibits                                                              
their ability  to find  a job and  meaningful employment.   People                                                              
that come out of the correctional  facilities with a GED are going                                                              
to have a  better chance in  the future to sustain  themselves and                                                              
find jobs and get employment.                                                                                                   
                                                                                                                                
He explained the Sponsor Substitute  version, in the packet, would                                                              
                                                    th                                                                          
allow prisoners,  who failed to get their  GED, 1/12   of the good                                                              
                                                                 rd                                                             
time  sentence reduction  instead of  the current  statutory  1/3                                                               
sentence  reduction available  to  them.   The proposed  Committee                                                              
                                             th                                                                                 
Substitute (CS)  would allow them to get  1/6  of their  good time                                                              
                                     rdth                                                                                       
sentence reduction as opposed  to 1/3.   With the 1/6   they would                                                              
be  eligible  for  half  of their  statutory  good  time  sentence                                                              
reduction  if they  failed to  get their  GED.   He said that  was                                                              
about 17%,  which is very  close to the  national standard  of 15%                                                              
that had been  adopted by 30 states and the  federal government as                                                              
a minimum time  prisoners are suppose to serve.   Alaska currently                                                              
had a very  generous good time  law, twice the  national standard.                                                              
For people who don't get their GED  it would be more generous than                                                              
the national standard by 2%.                                                                                                    
                                                                                                                                
He said with the understanding that  is what the proposed CS would                                                              
do, he moved the CS be adopted.                                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR  said the  motion was for  the committee  to adopt                                                              
the document 2/5/02, 97/J.  Hearing  no objection CSSSSB 223 (JUD)                                                              
was adopted.                                                                                                                    
                                                                                                                                
CHAIRMAN  TAYLOR asked  if  two people  go  to jail,  one had  not                                                              
accomplished  his graduation  from High  School or  a GED and  the                                                              
other one  had graduated from High  School, how would  this effect                                                              
them.                                                                                                                           
                                                                                                                                
SENATOR  DONLEY answered  anyone who  had graduated  or had  a GED                                                              
                                            rd                                                                                  
would  still be  eligible for  the full  1/3  off  for good  time.                                                              
Those people who had not would have  to get their GED, unless they                                                              
fit the exemption criteria, before  they would be eligible for the                                                              
         rd                                                                                                                     
full  1/3.    If  they did  not they  would only  be eligible  for                                                              
   th                                                                                                                           
1/6.                                                                                                                            
                                                                                                                                
CHAIRMAN TAYLOR asked for whom he had exemption criteria.                                                                       
                                                                                                                                
SENATOR DONLEY  explained the  exemption criteria included  people                                                              
who are  mentally of physically  incapable of obtaining  a diploma                                                              
or  its equivalency,  they don't  speak English  as their  primary                                                              
language, or  due to  the prisoners age  or social background  the                                                              
commissioner   determines  the  prisoner   cannot  reasonably   be                                                              
expected to meet that educational requirement.                                                                                  
                                                                                                                                
CANDACE  BROWER,  Program Coordinator  Department  of  Corrections                                                              
(DOC),  said DOC  also  believes that  education  is an  important                                                              
factor in rehabilitation  of offenders and they  take that mission                                                              
very seriously.   DOC is  opposed to  SB 223 primarily  because it                                                              
would increase  costs for the state  they do not  think necessary.                                                              
They  have  in   place  educational  programs  in   all  of  their                                                              
facilities.    They  provide  adult   basic  education,  which  is                                                              
literacy  programming as  well as  GED, Vocational  Rehabilitation                                                              
and other  educational programs.   She thought  they did  a pretty                                                              
good job.                                                                                                                       
                                                                                                                                
She explained at Lemon Creek they  have what is called a GED Dorm.                                                              
When  offenders  are incarcerated  at  Lemon Creek  the  probation                                                              
officer  meets  with  the  offender  to  determine  what  kind  of                                                              
schooling they  have.  If  they say they have  a GED or  a diploma                                                              
that  is verified,  particularly  if they  are going  to get  into                                                              
taking away good time.  If they need  to get a GED or diploma they                                                              
go into  what is called the  GED Dorm.   In that dorm there  is no                                                              
television  and no extra  benefits  and during  the week they  are                                                              
required to study and prepare for the GED.                                                                                      
                                                                                                                                
People  in this  program who  are unable,  and there  are a  large                                                              
number  of offenders  who  are unable  to  reach  the sixth  grade                                                              
level, don't go  to that dorm because it would  not be appropriate                                                              
for them  to be in that  particular group.   She gave that  as one                                                              
example of the things they do to provide education to offenders.                                                                
                                                                                                                                
She  explained at  Spring Creek  Correctional Center  they have  a                                                              
youth offender  program.  They have  a separate unit  for youthful                                                              
offenders  and one of  the requirements  of that  program is  they                                                              
attend school.   They are  in school  everyday.  The  schooling is                                                              
provided  by  the Kenai  School  District.    They also  have  had                                                              
commencement ceremonies  at Highland Mountain  Correctional Center                                                              
for the  women.   They celebrate  people's successes in  education                                                              
and take it very seriously.                                                                                                     
                                                                                                                                
MS. BROWER  explained this would  be a more punitive  angle toward                                                              
receiving  education  and  they  believe,  as  does  most  of  the                                                              
educational  community, incentive  is a  better way  to go.   Most                                                              
other   correctional  places   do  incentives   such  as   provide                                                              
additional  visitation,  increased  telephone  calls,  payment  to                                                              
attend  school  and  give  additional  time off  to  somebody  who                                                              
achieves their  diploma of  GED rather that  take away  what other                                                              
people would  ordinarily receive.   DOC preferred that  method and                                                              
she thought that  would be less costly with the same  result as SB
223.                                                                                                                            
                                                                                                                                
She  said the  committee was  aware DOC  facilities suffered  from                                                              
overcrowding  and there were  over 700 inmates  in Arizona.   When                                                              
DOC met in 2002  in front of the House Finance  Committee they had                                                              
300  more  offenders  incarcerated  than the  previous  year.  She                                                              
thought  some  increase in  numbers  had  to do  with  legislation                                                              
enacted  that increased  misdemeanor offenses  to felony  offenses                                                              
and lengthened  sentences.   She thought  the bill would  increase                                                              
sentences for people  who would not be committing  further crimes.                                                              
DOC simply did not have room for  an increased population and they                                                              
were doing a good job.                                                                                                          
                                                                                                                                
MS. BROWER discussed another problem.   On January 1, 2002 the GED                                                              
testing  had  been  completely overhauled.    Tests  taken  before                                                              
January 1 would not count towards  a GED unless they had completed                                                              
                          st                                                                                                    
their  GED by  December 31.     Everyone as  of January  1 had  to                                                              
start over  again.  They  were not sure of  the effect of  the new                                                              
test because it is a more rigorous  program and battery.  They did                                                              
not know  what kind  of an  effect that  is going  to have  on the                                                              
offenders and how well they are going to be able to succeed.                                                                    
                                                                                                                                
She  was concerned  about  litigation.   If  there  was a  liberty                                                              
interest  involved, offenders  who  are violated  for not  getting                                                              
their GED or  diploma would likely go before the  Parole Board for                                                              
a  revocation hearing  which would  require  the use  of a  Public                                                              
Defender and cause other problems.                                                                                              
                                                                                                                                
She was  concerned that  many of  their offenders  are subject  to                                                              
court  ordered   treatment  programs   such  as  substance   abuse                                                              
treatment, sex  offender treatment, and batterers  programs.  Some                                                              
of the programs  are full time and require the  complete attention                                                              
of the  offender.  She asked  if this legislation  would interfere                                                              
with their  court ordered  treatment.  For  example if  someone is                                                              
court ordered  to do  sex offender  treatment  and they also  have                                                              
this  legislation  hanging over  their  head  would they  have  to                                                              
choose sex  offender treatment over  getting their education.   Or                                                              
if they  were court ordered  into substance abuse  treatment would                                                              
they have  to choose getting sober  or getting an education.   She                                                              
was not sure  how that would  affect people who already  had court                                                              
orders for other important treatment.                                                                                           
                                                                                                                                
She appreciated  Senator Donley's Committee Substitute  that would                                                              
                                               th                                                                               
increase  the percentage  of good  time to  1/6.    She said  when                                                              
somebody  is on  mandatory parole  often  times that  is the  only                                                              
supervision they have  when they are released.   With reduced good                                                              
time they would  not be on supervision as long as  they would have                                                              
otherwise.   With the problem  of overcrowding  if there is  a way                                                              
that  offenders  can  get  back   into  the  community  safely  on                                                              
supervision she thought that was a preferred method.                                                                            
                                                                                                                                
CHAIRMAN  TAYLOR  said DOC  was  using  all the  different  carrot                                                              
devises as incentives to get their GED.                                                                                         
                                                                                                                                
MS. BROWER  said they  do encourage  people to  get their  GED but                                                              
they certainly  do not  give them extra  privileges or  extra time                                                              
off.                                                                                                                            
                                                                                                                                
CHAIRMAN  TAYLOR  said they  were  not  using  any of  the  carrot                                                              
devises or  very few of them that  other states are using  such as                                                              
paying people to  get their GEDs, giving them extra  time off once                                                              
they get  one, giving them  additional privileges that  they might                                                              
not have in  the institution because they have  accomplished that.                                                              
He asked what incentives were DOC  using, just saying it is a good                                                              
idea to get their GED and they would provide some help.                                                                         
                                                                                                                                
MS. BROWER answered  she was not sure what everybody  does in each                                                              
institution but  it is  required at Spring  Creek in  the youthful                                                              
offender  program to  be in  school  or they  can not  be in  that                                                              
program.                                                                                                                        
                                                                                                                                
CHAIRMAN  TAYLOR said  that was only  for people  under a  certain                                                              
age.                                                                                                                            
                                                                                                                                
MS. BROWER  believed it was  twenty-two.  At  Lemon Creek it  is a                                                              
requirement that they be in the GED Dorm if they are capable.                                                                   
                                                                                                                                
CHAIRMAN  TAYLOR said  he knew  it was  required but  it was  like                                                              
prison work  programs.   There is  no requirement  to work,  it is                                                              
provided for them  and many choose to do it because  it gives them                                                              
some activity during the day.                                                                                                   
                                                                                                                                
MS. BROWER said  one of the things  they do get if they  get a GED                                                              
is  television,  whether   that  is  a  good   incentive  or  not.                                                              
Sometimes people  are encouraged to  do better just because  it is                                                              
better for them.  They actually do want to get better.                                                                          
                                                                                                                                
CHAIRMAN TAYLOR  asked if  they had  any negative incentive  right                                                              
now.   He asked  if failure  to get  their GED  had absolutely  no                                                              
impact one way or  the other on the amount of  time they are going                                                              
to serve, when they  are going to get out, or  their conditions of                                                              
probation.                                                                                                                      
                                                                                                                                
MS.  BROWER said  no although  conditions  of probation  generally                                                              
have an educational requirement if  the judge deems that necessary                                                              
as do conditions of parole.                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR asked the percentage  of people currently released                                                              
from our institutions that did not have a GED.                                                                                  
                                                                                                                                
MS. BROWER said she was not sure.                                                                                               
                                                                                                                                
CHAIRMAN TAYLOR  asked if  she knew whether  DOC was  measuring or                                                              
keeping track of  educational levels, whether they  were achieving                                                              
something  within   the  institution,  and  how   many  they  were                                                              
releasing that did not avail themselves of these program.                                                                       
                                                                                                                                
MS.  BROWER  said  not  availing  themselves  of  the  program  is                                                              
probably a difficult question to  answer.  She had some statistics                                                              
for how  many people  were enrolled  in GED  programming in  2000,                                                              
2001 and the first six months of 2002.                                                                                          
                                                                                                                                
CHAIRMAN  TAYLOR   said  some  take   advantage  of  it   and  the                                                              
legislature had put  money into the program to  make certain there                                                              
were funds  available so people  could get learning  opportunities                                                              
while incarcerated.   He asked  of those released  what percentage                                                              
did not  have their GED  other than the  excused group.   He asked                                                              
what  percentage  of  the  group  of  people  Senator  Donley  had                                                              
targeted with  the bill  were not entering  into the  programs and                                                              
probably would not without some additional incentive.                                                                           
                                                                                                                                
MS.  BROWER said  she was  not sure  they  had an  answer to  that                                                              
question.  She was not sure whether or not they track.                                                                          
                                                                                                                                
CHAIRMAN TAYLOR asked  if the new GED testing  requirement related                                                              
in anyway to  the testing requirements imposed  by the legislature                                                              
on high school students.                                                                                                        
                                                                                                                                
MS. BROWER answered GED testing is nationwide.                                                                                  
                                                                                                                                
CHAIRMAN TAYLOR  said it was terrific  they had an  institution in                                                              
the state  that was using a  national test that could  be verified                                                              
and validated.                                                                                                                  
                                                                                                                                
He noted  she had  said litigation  might be a  problem.   He said                                                              
this legislation would only apply  to people being sentenced after                                                              
it takes  effect.   So it  would be  some years  out before  there                                                              
would be  a significant  fiscal impact.   He noted the  DOC fiscal                                                              
note  was $60,000  going to  $708,000.   He said  the $60,000  was                                                              
contractual and  in 2007 there would  be a very large impact.   He                                                              
said that  would be people who  refused to go through  the program                                                              
and DOC would have to keep them longer.                                                                                         
                                                                                                                                
SENATOR DONLEY said a new fiscal  note on the Committee Substitute                                                              
had not been done.                                                                                                              
                                                                                                                                
CHAIRMAN  TAYLOR  asked if  the  increased  cost was  because  DOC                                                              
sensed they would  be keeping some people in prison  longer and it                                                              
would be more expensive than having them on probation.                                                                          
                                                                                                                                
MS. BROWER said that was right.                                                                                                 
                                                                                                                                
CHAIRMAN TAYLOR asked if they had  higher recidivism rates because                                                              
inmates did  not have  a GED.   He asked if  DOC wouldn't  want to                                                              
keep them  longer because they are  the ones that are  more likely                                                              
to offend if turned loose.                                                                                                      
                                                                                                                                
MS. BROWER said  she supposed they would want to  keep them longer                                                              
she just did  not know how affective punishment was  as opposed to                                                              
positive reinforcement.                                                                                                         
                                                                                                                                
CHAIRMAN TAYLOR  said Ms. Brower  was concerned if they  kept them                                                              
longer there  would be  a shorter  period of  parole. He  asked if                                                              
that was a cost concern or a rehabilitation concern.                                                                            
                                                                                                                                
MS. BROWER said it was a rehabilitation concern.                                                                                
                                                                                                                                
SENATOR  THERRIAULT   wanted  to   know  if  Senator   Donley  had                                                              
information on why  those that have a GED have  a lower recidivism                                                              
rate.  Was  it because they got  an education or are  those people                                                              
who naturally  move up into  the GED  already less inclined  to be                                                              
repeat offenders.                                                                                                               
                                                                                                                                
SENATOR DONLEY  said he  did not know.   He explained  in national                                                              
studies it is  very clear that the number one  correlating fact of                                                              
a person's  recidivism is  whether they  can read  and write.   It                                                              
could be  when they  were first  incarcerated  they were a  better                                                              
candidate  for rehabilitation  in the  first place.   It could  be                                                              
that when they  get out they can  actually get a job  because they                                                              
can read  and write  or it  might be  a combination  of all  those                                                              
things.   It  was  nationally  recognized  that education  is  the                                                              
number one factor in success of not  committing another crime when                                                              
released from a correctional institution.                                                                                       
                                                                                                                                
SENATOR THERRIAULT  noted Ms. Brower said the  bill designated who                                                              
would check  the prisoner's  high  school or GED  records but  had                                                              
indicated DOC already does that.                                                                                                
                                                                                                                                
MS. BROWER  said the Lemon Creek  Correctional Center did  but was                                                              
not sure if they did Department wide.   If they require a prisoner                                                              
to prove they have their GED or diploma DOC will be doing that.                                                                 
                                                                                                                                
SENATOR  THERRIAULT asked  Senator Donley,  since the fiscal  note                                                              
was written  to the  original bill,  did he have  an idea  how the                                                              
Committee Substitute would impact those numbers.                                                                                
                                                                                                                                
SENATOR DONLEY  said the  number as far  as time of  incarceration                                                              
would be  halved so the  $341,300 would be  $170,000.    The first                                                              
$5,500 was  contractual services to  administer the test  of basic                                                              
education.   This legislation  puts  the burden  on the inmate  to                                                              
come forward  and show proof  they already  have their GED.   They                                                              
could wipe that cost out by placing  the burden on the inmate.  He                                                              
said it sounded like they were already  doing that at Spring Creek                                                              
and wanted to  know what they were doing at  the other facilities.                                                              
They would  have to see how Spring  Creek does it and  how much it                                                              
cost them there.                                                                                                                
                                                                                                                                
He said there was an estimated $46,800  in contractual service for                                                              
additional teaching  and tutoring services in addition  to current                                                              
expenditures.    He said  that  might  be  a legitimate  cost  and                                                              
probably  worth it because  there  is nothing  in the fiscal  note                                                              
anticipating  the  savings  on  the back  end  for  the  decreased                                                              
recidivism.                                                                                                                     
                                                                                                                                
He addressed  the issues brought  up by Ms.  Brower.  He  said the                                                              
         st                                                                                                                     
January 1   GED testing did not have anything  to do with the bill                                                              
other than it  might be a little  bit tougher to get a  GED in the                                                              
future in Alaska.                                                                                                               
                                                                                                                                
He said  the issue  of being violated  for not  getting a  GED was                                                              
reverse thinking.   The bill  said they get  1/6  unless  they get                                                              
                             rd                                                                                                 
their GED  then they  get 1/3   off.   The  Department was  in the                                                              
mentality that  somehow it is the  right of prisoners to  have the                                                              
   rd                                                                                                                           
1/3   good time.   He  thought that  was reverse  thinking.   Good                                                              
time should be a reward for good  behavior and this is part of the                                                              
good behavior  so it is  not taking it away  from them it  is what                                                              
they didn't get.                                                                                                                
                                                                                                                                
He said the issue  of conflict with other court  orders, they have                                                              
24 hours  locked up in prison,  so unless they are  all consuming,                                                              
not being  able to take sex  offender or alcohol treatment  and go                                                              
to school seemed inconsistent and  not a very persuasive argument.                                                              
He said a  lot of people do it  on the Internet and  don't have to                                                              
have special classes to do it.                                                                                                  
                                                                                                                                
SENATOR DONLEY addressed the idea  that they would be cutting down                                                              
on time in the  community for assessment and transition.   He said                                                              
good time  was never  intended for  that function.   That  is what                                                              
parole is intended  to do and that  is up to judges who  can issue                                                              
mandatory  parole.   If the  judges know  that getting  a GED  may                                                              
affect the  total amount  of good time  they should be  sentencing                                                              
people to a certain amount of parole  to give them transition time                                                              
into the  community.  He  said it is  really bad public  policy to                                                              
assume good  time is  given to everybody  so the  only way  we can                                                              
have a  supervised period to  go back in  society is if  they give                                                              
them good time.  He thought good  time should be given as a reward                                                              
for good behavior and not because  they want an integration period                                                              
back  into society.     Mandatory  parole should  be  part of  the                                                              
judicial function and require a period of supervision.                                                                          
                                                                                                                                
SENATOR COWDERY  thought education  helped the parolees  to adjust                                                              
to the outside environment.  The  prisons are already overcrowded.                                                              
He asked  if they  had any  figures on  what percentage  return in                                                              
connection with their education level.                                                                                          
                                                                                                                                
MS. BROWER said she did not have any numbers on that.                                                                           
                                                                                                                                
CHAIRMAN TAYLOR asked if DOC did not track any of that.                                                                         
                                                                                                                                
MS. BROWER said they are implementing  a new data gathering system                                                              
that will track  information much better than they  have been able                                                              
to do in  the past.  They hoped  to be able to track  those things                                                              
more closely.                                                                                                                   
                                                                                                                                
CHAIRMAN TAYLOR said the question  was based on the statistic that                                                              
nationally  those  who  cannot  read   or  write  have  a  greater                                                              
propensity to repeat and return to  institutions.  Senator Cowdery                                                              
was asking  how many of  these folks are  coming back and  at what                                                              
levels over  a given period  of time.   He thought they  needed to                                                              
find and utilize  every technique they could to  make certain that                                                              
a person having  once been in an institution never  wanted to come                                                              
back again  and maybe modified their  life style and  life choices                                                              
so they did not come back again.                                                                                                
                                                                                                                                
MS. BROWER said  how many come back because they  don't have their                                                              
education is a  complicated question.  How many  come back because                                                              
they have a substance abuse problem  or other issues that have not                                                              
been dealt with  may be more critical in Alaska because  that is a                                                              
tremendous problem they try to address on a regular basis.                                                                      
                                                                                                                                
BRUCE  RICHARDS, Special  Assistant,  Office  of the  Commissioner                                                              
DOC,  said  Senator Donley  mentioned  what  is known  around  the                                                              
country as "truth  in sentencing" where DOC in  Alaska is required                                                              
to provide a 33% mandatory parole.   Some states have a 15%.  Even                                                              
though Alaska  is more generous in  their good time  the sentences                                                              
here are longer.  Last August when  the Department of Justice came                                                              
out  with their  statistics  most  of the  states  in the  country                                                              
actually had  a decline  in their  prisoner population  and Alaska                                                              
was one of  five that had an  increase.  They had 300  more people                                                              
than at that time last year.                                                                                                    
                                                                                                                                
He  pointed  out  that  in the  testimony  on  SB  242,  Concealed                                                              
Handguns people were  talking about crime reduction.   If that was                                                              
the case  the populations  were still  rising in  DOC.   There are                                                              
some things  that are different in  Alaska and he believed  it was                                                              
sentencing.                                                                                                                     
                                                                                                                                
MR. RICHARDS said with the Committee  Substitute the incarceration                                                              
costs under  FY 06, 07  and 08 would  change.  The  $341,000 would                                                              
become $175,000  and the $648,000  would also be $175,000.   There                                                              
was a  holding over  of people on  the second  year that  would no                                                              
                           th                                                                                                   
longer exist  under the 1/6.   The total number in FY  06 would be                                                              
$235,300 and hold the rest of the way out.                                                                                      
                                                                                                                                
He wanted to  respond to Senator Taylor's question  about what DOC                                                              
does for  incentives.  Television  was called an incentive  but it                                                              
actually was  something that everybody  had.  Senator  Donley's No                                                              
Frills Prison  Bill removed  that portion so  now in order  for an                                                              
inmate  to have  television they  would have  to obtain  a GED  or                                                              
diploma.                                                                                                                        
                                                                                                                                
SENATOR DONLEY  said everybody  in Alaska correctional  facilities                                                              
had access to  common area television.  The provision  was whether                                                              
or not they have a television in their own cell.                                                                                
                                                                                                                                
MR.  RICHARDS  discussed  spitting   time  between  court  ordered                                                              
programming and getting a GED on  the Internet.  A piece of the No                                                              
Frills  Bill  specified   inmates  are  not  allowed   to  have  a                                                              
connection to the Internet.                                                                                                     
                                                                                                                                
SENATOR  DONLEY said  that was  a  connection to  the Internet  in                                                              
their own cell  and they still have access to  computers in common                                                              
areas.                                                                                                                          
                                                                                                                                
MR. RICHARDS said they do not provide Internet at all.                                                                          
                                                                                                                                
SENATOR  DONLEY  said  they  could access  computers  and  have  a                                                              
program like a CD  Rom that had what they needed  to get their GED                                                              
in a common teaching area.                                                                                                      
                                                                                                                                
MR. RICHARDS  said they  could do  that in  places where  they had                                                              
computers.  He thought they did that in some places.                                                                            
                                                                                                                                
He said because  of overcrowding people are transported  and moved                                                              
all the time just to keep the facilities  at their caps as much as                                                              
they can.   They are not able  to do that everyday  but everything                                                              
is interrupted all  the time.  He noticed the  bill allowed, under                                                              
section  (A)  page  2 lines  12  &  13  "if the  program  is  made                                                              
available".  One of their big problems  was the constant moving of                                                              
prisoners to maintain the population at different facilities.                                                                   
                                                                                                                                
SENATOR TAYLOR  said most people who  go out on their own  and get                                                              
their  GED do  it while  they are  feeding their  kids, doing  the                                                              
laundry and going  to work everyday.  They get a  couple of books,                                                              
take them home,  work on them in the house and  they cannot afford                                                              
a computer.   He  said for  somebody to  suggest to the  committee                                                              
that some  poor prisoner,  who had a  sex violation, might  not be                                                              
able to  do his entire sex  violators treatment program  and still                                                              
be able to get a GED too was kind of tough to swallow.                                                                          
                                                                                                                                
He  commented  on the  current  policy  within DOC  attempting  to                                                              
comply  with Judge  Hunt's order  on  housing.   He said  it is  a                                                              
standard  higher than  most any  other state  had.   He could  not                                                              
believe the level of travel and transportation  and how many hours                                                              
of State Trooper  time was being wasted as they  bounced prisoners                                                              
from  one facility  to another  based upon  how many  came in  the                                                              
night before.   He said it was  a bazaar situation and  he had yet                                                              
to  see the  Administration  put in  one single  bill  to build  a                                                              
prison.                                                                                                                         
                                                                                                                                
TAPE 02-04 SIDE A                                                                                                             
                                                                                                                                
MR. RICHARDS  said Senator Taylor's  comment, that there  had been                                                              
no leadership  by the governor and  no bill had been  put forward,                                                              
there  actually  had  been  Regional  Correction  Expansion  bills                                                              
introduced  by the governor  in the  past.   Some of those  turned                                                              
out, they have a new Anchorage jail opening up this year.                                                                       
                                                                                                                                
MR. RICHARDS  pointed  out that the  majority  of business  in DOC                                                              
takes place in the Anchorage bowl  area.  Most of those people are                                                              
pre-trial  inmates and  they only  have  a limited  number of  bed                                                              
spaces  for those  people.   In order  to get  people through  the                                                              
judicial system  and through the process  they need to be  in that                                                              
location.  Some of those people don't  stay where they are because                                                              
their court  dates may be far enough  down the road that  they can                                                              
move them out to Palmer or down to  Wildwood because there are new                                                              
people coming in.                                                                                                               
                                                                                                                                
SENATOR  TAYLOR  said he  understood  that.   He  appreciated  the                                                              
clarification of it because he had  painted with too broad a brush                                                              
on  that.    He  understood  that  is  the  biggest  part  of  the                                                              
population that has to keep moving.                                                                                             
                                                                                                                                
ROSE MUNAFO,  Criminal Justice Planner Department  of Corrections,                                                              
said Senator  Donley had mentioned they  might not need  to do the                                                              
test of adult  basic education.  She believed he  felt the inmates                                                              
would  be required  to provide  them with  documentation of  their                                                              
educational level but  the reason they do that test  is because it                                                              
is a  requirement by the  GED testing  service.  When  they enroll                                                              
anyone in  Adult Basic Education  classes they  have to do  a base                                                              
line evaluation of their educational level.                                                                                     
                                                                                                                                
SENATOR  DONLEY said  the fiscal  note assumes  there are 200  new                                                              
inmates, 8% are incapable and 35%  already have their GEDs so they                                                              
are going  to have 111  to test.  DOC  is already testing  some of                                                              
those so  why would they  have to have the  full $5500 for  111 if                                                              
they are already doing that process,  for example, at Spring Creek                                                              
for all of them.                                                                                                                
                                                                                                                                
MR. RICHARDS  said they  are anticipating increased  participation                                                              
in the GED program because of this  legislation for people who are                                                              
                                     rd                                                                                         
going  to want  to  get the  full 1/3   good  time.   Which  would                                                              
result  in an  additional test  that  they probably  would not  be                                                              
providing.                                                                                                                      
                                                                                                                                
MS. MUNAFO said it costs roughly $50 per person.                                                                                
                                                                                                                                
SENATOR TAYLOR  said that made good  sense because there  may very                                                              
well be  a resident  body of people  within the institutions  that                                                              
would then want to participate.                                                                                                 
                                                                                                                                
He asked  if the  population in  their institutions  was, 3500  or                                                              
4000.                                                                                                                           
                                                                                                                                
MR.  RICHARDS  said  there  were   approximately  4600  people  in                                                              
custody.                                                                                                                        
                                                                                                                                
SENATOR DONLEY  said he was  all for them  applying for a  GED and                                                              
getting  an education  but this  bill  would not  be an  incentive                                                              
towards people  already in  just for new  people.  If  it inspired                                                              
the existing people, that would be wonderful.                                                                                   
                                                                                                                                
MS.  MUNAFO  said  she  did  the  program  management  for  inmate                                                              
education and a few other programs so that is why she was there.                                                                
                                                                                                                                
SENATOR  TAYLOR  thanked her  and  said  he  believed one  of  the                                                              
greatest aspects  of rehabilitation they  can offer to  people who                                                              
are incarcerated  is to get them  some education and get  them the                                                              
ability to  read and write and maybe  they will be able  to handle                                                              
their lives  a little better  when they  get out.   He appreciated                                                              
what the people with DOC were doing.                                                                                            
                                                                                                                                
SENATOR DONLEY told Ms. Munafo his  staff would be in contact with                                                              
her  to try  and work  out  a new  fiscal  note based  on the  new                                                              
Committee Substitute.                                                                                                           
                                                                                                                                
SENATOR  DONLEY made  the motion  to  move CSSSSB  223 (JUD),  the                                                              
newly   adopted  J   version   from  committee   with   individual                                                              
recommendations.                                                                                                                
                                                                                                                                
SENATOR TAYLOR said the record should  note Senator Ellis had left                                                              
but they still had a quorum.                                                                                                    
                                                                                                                                
SENATOR THERRIAULT said that is with a new fiscal note.                                                                         
                                                                                                                                
SENATOR TAYLOR  hearing no objection  moved CSSSSB 223  (JUD) from                                                              
committee with  individual recommendations  and with a  new fiscal                                                              
note as testified to.  Meeting was adjourned at 3:15 p.m.                                                                       
                                                                                                                                
                                                                                                                                

Document Name Date/Time Subjects