Legislature(2001 - 2002)

02/05/2001 01:38 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     ALASKA STATE LEGISLATURE                                                                                   
                    SENATE JUDICIARY COMMITTEE                                                                                
                         February 5, 2001                                                                                       
                             1:38 p.m.                                                                                          
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Robin Taylor, Chair                                                                                                     
Senator Dave Donley, Vice Chair                                                                                                 
Senator John Cowdery                                                                                                            
Senator Gene Therriault                                                                                                         
Senator Johnny Ellis                                                                                                            
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                              
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 23                                                                                                              
"An Act extending the termination date of the Board of Parole; and                                                              
providing for an effective date."                                                                                               
     HEARD AND HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 25                                                                                                              
"An  Act relating  to  the Interstate  Compact  for  Adult  Offender                                                            
Supervision  and the  State Council  for Interstate  Adult  Offender                                                            
Supervision;  amending  Rules  4  and  24,  Alaska  Rules  of  Civil                                                            
Procedure; and providing for an effective date."                                                                                
     HEARD AND HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action                                                                                                              
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
Mr. Larry Jones, Executive Director                                                                                             
Parole Board                                                                                                                    
PO Box 112000                                                                                                                   
Juneau, Alaska 99811-2000                                                                                                       
POSITION STATEMENT:  Testified on SB 23                                                                                       
                                                                                                                                
Ms. Lynda Zaugg, Director                                                                                                       
Division of Community Corrections                                                                                               
Department of Corrections                                                                                                       
4500 Diplomacy Drive, Suite 109                                                                                                 
Anchorage, Alaska 99508-5918                                                                                                    
POSITION STATEMENT:  Testified on SB 25                                                                                       
                                                                                                                                
Mr. Blair McCune                                                                                                                
Alaska Public Defender Agency                                                                                                   
900 West 5th Avenue, #200                                                                                                       
Anchorage, Alaska 99501                                                                                                         
POSITION STATEMENT:  Testified on SB 25                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
TAPE 01-3, SIDE A                                                                                                             
Number 001                                                                                                                      
                                                                                                                                
                                                                                                                                
CHAIRMAN ROBIN TAYLOR called  the Senate Judiciary Committee meeting                                                          
to  order at  1:38  p.m.   Present  were  Chairman  Taylor,  Senator                                                            
Donley,  Senator  Cowdery and  Senator  Therriault.   Senator  Ellis                                                            
arrived at 1:55 p.m.                                                                                                            
                                                                                                                                
          SB 23-EXTEND TERMINATION DATE FOR BD OF PAROLE                                                                    
                                                                                                                              
                                                                                                                              
MR.  LARRY JONES,  Executive  Director, Board  of  Parole, said  the                                                            
board acts  under the sunset rule  for boards and commissions.   The                                                            
Board of  Parole is  up for reinstatement  June 30,  2001 and  SB 23                                                            
extends the date to 2006.   The extension is usually three years but                                                            
SB 23 allows for  a five year extension.  There is  a constitutional                                                            
mandate in  Alaska for a  parole system and  the parole board  meets                                                            
that constitutional  mandate.   The board is  autonomous, it  is not                                                            
officially  part of the Department  of Corrections  (DOC) but  it is                                                            
integrated into DOC.                                                                                                            
                                                                                                                                
MR. JONES  said  the board  consists of  five members.   Each  board                                                            
member is appointed for  five years.  The appointments are staggered                                                            
with some members having served for many years.                                                                                 
                                                                                                                                
MR. JONES said  the board meets for  face-to-face hearings  and also                                                            
face-to-face  parole hearings.   The board  feels strongly  that the                                                            
face-to-face,  eye contact, body language  part of the hearings  are                                                            
very important for proper decision-making.                                                                                      
                                                                                                                                
MR. JONES commented  that the board  is please with their  decision-                                                            
making, with statistics  showing that less than five  percent of the                                                            
discretionary  parolees  have  revocations  and  these  are  usually                                                            
technical revocations.   The greatest role of the board, in terms of                                                            
time  consumption,  is  revocation  hearings  - 95  percent  of  the                                                            
revocation  hearings are for mandatory  parolees.  Mandatory  parole                                                            
is  when a  prisoner  has served  his  time  and is  being  released                                                            
without consideration by the parole board.                                                                                      
                                                                                                                                
MR. JONES noted that public  safety is the primary consideration for                                                            
a  release.   Extension  is also  a considerable  factor  in  inmate                                                            
population  control.   It costs  $100.00 a  day for  an inmate  in a                                                            
"hard bed" (prison),  and less than $10.00 a day for  being released                                                            
to community  corrections  supervision  on  the street.   The  state                                                            
saves  $8 to  $10 million  dollars  by  releasing prisoners  to  the                                                            
street.  The parole board budget is less than $500,000.                                                                         
                                                                                                                                
Number 352                                                                                                                      
                                                                                                                                
SENATOR DONLEY requested  copies of the legislative budget and audit                                                            
report  for the  board of  parole  and said  there should  not be  a                                                            
sunset bill until  the audit has been released and  is available for                                                            
public comment.                                                                                                                 
                                                                                                                                
Number 434                                                                                                                      
                                                                                                                                
SENATOR  COWDERY  asked  for  the  location   of  the  parole  board                                                            
hearings.                                                                                                                       
                                                                                                                                
MR. JONES responded that  there are hearings at every prison site in                                                            
the state.  There  is a general policy that if there  are fewer than                                                            
five people up for a hearing,  the board will not go to that prison.                                                            
For  equity   though,   if  there   is  an   in-person  hearing,   a                                                            
teleconference can be used  to hear from other prisoners.  There are                                                            
even hearings at the contracted private facility in Arizona.                                                                    
                                                                                                                                
SENATOR COWDERY  asked what the average  pay is for a board  member.                                                            
                                                                                                                                
MR. JONES answered  that the governor  establishes compensation  for                                                            
the board.   The  rate is $150  a day and  $75 for  half a day  when                                                            
conducting  business  for  the board.    Yearly  pay is  $15,000  to                                                            
$30,000,  depending on the  amount of time  a member puts in.   This                                                            
figure has not been changed since 1984.                                                                                         
                                                                                                                                
SENATOR COWDERY asked if this amount is adequate.                                                                               
                                                                                                                                
MR. JONES  replied that  what was  equitable in  1984 does not  meet                                                            
inflation  and  other factors  today.    The  audit speaks  to  this                                                            
matter.                                                                                                                         
                                                                                                                                
Number 570                                                                                                                      
                                                                                                                                
SENATOR  COWDERY asked  if a  five-member  board is  adequate for  a                                                            
quorum.                                                                                                                         
                                                                                                                                
MR. JONES  responded  that five  members are  adequate.   This  is a                                                            
working board,  traveling two full weeks a month.   Having more than                                                            
five members could make the decision process more complex.                                                                      
                                                                                                                                
Number 610                                                                                                                      
                                                                                                                                
SENATOR THERRIAULT  said the Legislative Budget and  Audit Committee                                                            
(LB&A) reviewed  the parole  board audit in  its last meeting.   The                                                            
audit is now  with the Department  of Corrections for their  review.                                                            
The final audit will be out at the next LB&A meeting.                                                                           
                                                                                                                                
CHAIRMAN TAYLOR asked when that would be.                                                                                       
                                                                                                                                
SENATOR THERRIAULT  said that has  not been determined yet.   It may                                                            
depend  on  whether the  Administration  has  any  revised  program-                                                            
legislative (RPL) for the committee.                                                                                            
                                                                                                                                
CHAIRMAN TAYLOR  asked Mr. Jones how long he has been  on the parole                                                            
board.                                                                                                                          
                                                                                                                                
MR. JONES said he has been on the board for five years.                                                                         
                                                                                                                                
Number 690                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR  asked if there has been any political  pressure put                                                            
on the board to expedite people out of prison.                                                                                  
                                                                                                                                
MR. JONES replied  no.  The parole  board is a quasi-judicial  board                                                            
and it does not receive this type of pressure.                                                                                  
                                                                                                                                
CHAIRMAN  TAYLOR  asked about  the  recidivism rate.    What is  the                                                            
percentage mandated by law?                                                                                                     
                                                                                                                                
MR. JONES  said  of all  the revocation  hearings  the board  holds,                                                            
about  four  percent   are  for  people  who  are  allowed   out  on                                                            
discretionary parole.   96 percent of revocations are for people who                                                            
are released because their sentence was over.                                                                                   
                                                                                                                                
CHAIRMAN TYALOR  asked about people  who have done a certain  amount                                                            
of time and are then released on mandatory probation.                                                                           
                                                                                                                                
MR. JONES replied  that after a revocation  hearing, the  board sets                                                            
conditions  for  all mandatory  parolees  prior  to  their  release.                                                            
There are  conditions of  parole the  parolee has  to abide by.   If                                                            
they fail to abide by the  conditions, parole is revoked.  The board                                                            
can then decide to put  them back in prison, let them out, or revoke                                                            
a portion of the time.                                                                                                          
                                                                                                                                
Number 800                                                                                                                      
                                                                                                                                
CHAIRMAN  TAYLOR  asked  if  the  violations   of  parole  are  just                                                            
technical violations?                                                                                                           
                                                                                                                                
MR. JONES  said  the vast  majority of  the offenses  are  technical                                                            
violations.   If  the person  commits a  new criminal  offense,  the                                                            
board does  not see them  until there is a  resolution in the  court                                                            
system for the new offense.   The parolee then goes into "limbo," in                                                            
terms of the board  seeing them, until the court resolves  what will                                                            
happen.  Sometimes the  parolee will spend a lot more time in prison                                                            
for the new crime than the board has time to control them.                                                                      
                                                                                                                                
CHAIRMAN TAYLOR  asked if the parolee would be on  the street during                                                            
this "limbo" time.                                                                                                              
                                                                                                                                
MR. JONES said no, but  in some cases they could be bailed out.  The                                                            
board is notified  of the offense  and depending on the crime,  such                                                            
as rape,  the board is very  likely to keep  them in prison  so they                                                            
cannot be released on bail.                                                                                                     
                                                                                                                                
MR. JONES  gave the committee  copies of  the parole board's  annual                                                            
report and said the report is also on the board's web page.                                                                     
                                                                                                                                
CHAIRMAN  TAYLOR said SB  23 would be held  until the committee  can                                                            
see the budget and audit report.                                                                                                
           SB  25-COMPACT FOR ADULT OFFENDER SUPERVISION                                                                    
                                                                                                                                
Number 1075                                                                                                                     
                                                                                                                                
MS. LYNDA ZAUGG,  Director of the Division of Community  Corrections                                                            
(DCC), Department of Corrections  (DOC), provided a brief history on                                                            
SB 25.  In the supervision  of probation parolees that travel across                                                            
state lines, there  is an Interstate Compact Act,  which has been in                                                            
existence since 1937.   The compact has virtually been a gentleman's                                                            
agreement - if  someone were sent to Alaska, Alaska  would supervise                                                            
him or her in  exchange for that state supervising  an offender from                                                            
Alaska.   This agreement  is no  longer working  well.  The  parolee                                                            
population has increased  significantly and people are moving across                                                            
state lines at  a greater rate than in 1937.  There  are a number of                                                            
states putting  in individual laws trying to deal  with the problems                                                            
that  are occurring.    The  Council  on State  Government  and  the                                                            
National  Institute  of Corrections  joined  forces to  see if  they                                                            
could revise the current  interstate compact act to fit with what is                                                            
going on in today's  society.  SB 25 is what the two  groups came up                                                            
with to deal with  today's problems. SB 25 is an effort  on the part                                                            
of states to  be in agreement on how  they deal with people  who are                                                            
on probation and  parole moving across state lines.   35 states have                                                            
to ratify  the compact  before it  will go into  effect.  DCC  would                                                            
like Alaska to  be one of the 35 states because the  first 35 states                                                            
will be  involved in establishing  the regulations  that govern  the                                                            
interstate compact act  across the nation.  Because Alaska is small,                                                            
it needs to  worry about having provisions  imposed on it  by larger                                                            
states.  Therefore DCC  would like to be part of the ratification so                                                            
it can have a representative to speak on behalf of Alaska.                                                                      
                                                                                                                                
Number 1178                                                                                                                     
                                                                                                                                
SENATOR COWDERY  asked how DCC tracks  people coming and  going from                                                            
Alaska.                                                                                                                         
                                                                                                                                
MS. ZAUGG replied  that DCC has a  computer system for tracking  and                                                            
every state has  an interstate office.  Anyone leaving  Alaska files                                                            
a written formal request  that goes to the Alaska interstate office.                                                            
This request is forwarded  to the interstate office of the state the                                                            
parolee wants to go to.   The proposed state looks at the request to                                                            
determine if it  is an appropriate request.  It is  then sent to the                                                            
local area  for a determination  of the offender's  plan. The  local                                                            
area then  decides whether  or not  they will  allow that person  to                                                            
enter their state.                                                                                                              
                                                                                                                                
SENATOR  COWDERY asked  what happens  if people do  not play  by the                                                            
rules.  Would  Alaska know if someone has come to  the state without                                                            
permission?                                                                                                                     
                                                                                                                                
MS.  ZAUGG said  that  sometimes  DCC does  not know.    One of  the                                                            
proposals in the  new compact is a method whereby  states can handle                                                            
grievances  between each  other over  the inappropriate  sending  of                                                            
offenders from one point  to another.  The new proposal allows for a                                                            
way to mediate problems of extradition and supervision.                                                                         
                                                                                                                                
MS. ZAUGG said  Alaska has 344 offenders  in other states  and there                                                            
are 220 people  from other states  in Alaska.  Traditionally,  there                                                            
are more people leaving Alaska than coming in.                                                                                  
                                                                                                                                
Number 1328                                                                                                                     
                                                                                                                                
SENATOR COWDERY asked what the anticipated costs are.                                                                           
                                                                                                                                
MS. ZAUGG  said the  fiscal note  shows $31,700  the first year  and                                                            
$23,700  for the  following  four years.   The  cost  to Alaska  for                                                            
participating  in the  interstate compact  is expected  to be  about                                                            
$18,000 annually - this is built into the $31,700.                                                                              
                                                                                                                                
SENATOR COWDERY asked if any of the costs are shared.                                                                           
                                                                                                                                
MS. ZAUGG said  no, but Alaska has  more people placed out  of state                                                            
than people coming in.                                                                                                          
                                                                                                                                
Number 1386                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  said he is concerned with details  that will not be                                                            
established until  after the commission comes up with  the rules and                                                            
regulations.   He is concerned  that Alaska  could become a  dumping                                                            
ground  for people  that  other  states  do not  want,  such as  sex                                                            
offenders.  There need  to be methods for tracking and notification.                                                            
                                                                                                                                
MS ZAUGG  said this  is an area  that people  are paying  particular                                                            
attention to.   DCC does not allow sexual offenders  to leave Alaska                                                            
on a travel  permit until  the request has  gone to the other  state                                                            
and they have  investigated the plan  and gotten back to  DCC.  This                                                            
has come  into being because  so many states  have put in  different                                                            
requirements for registering.   Because sex offenders are high risk,                                                            
DCC will not send  someone to another state without  their approval.                                                            
Of the 220  people who are in Alaska  under interstate supervision,                                                             
12  are sex  offenders.   DCC  is careful  in  their  review of  sex                                                            
offender files before even allowing a field review.                                                                             
                                                                                                                                
Number 1550                                                                                                                     
                                                                                                                                
CHAIRMAN  TAYLOR asked if  there is "state  shopping" for getting  a                                                            
parolee out of a state.  Is Alaska an attractive state?                                                                         
                                                                                                                                
MS. ZAUGG  said no, in  terms of sex offender  registration.   There                                                            
are  not  many  states  that  do  not  have  registration   for  sex                                                            
offenders.                                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR asked if  Alaska "state shops."  What happens when a                                                            
parolee is turned down by another state?                                                                                        
                                                                                                                                
MS. ZAUGG replied  it depends on why someone is turned  down.  Under                                                            
the current compact, people  need to be accepted if they have a home                                                            
in the area or  family members that will be responsible  for them or                                                            
if they have a job.  Not  meeting one of these conditions is grounds                                                            
for a legitimate  turndown.   But if there  is a turn down  when all                                                            
the conditions  are met,  it needs  to be made  clear what else  the                                                            
person has to do to secure placement.                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR  asked if the passage of SB 25 would  mean that only                                                            
those  people coming  in will  meet Alaska  standards  and only  the                                                            
people leaving will meet other states standards.                                                                                
                                                                                                                                
MS. ZAUGG said  that with this legislation, states  would be able to                                                            
enforce the standards they set.                                                                                                 
                                                                                                                                
Number 1715                                                                                                                     
                                                                                                                                
SENATOR DONLEY asked why a council is needed.                                                                                   
                                                                                                                                
MS.  ZAUGG  said  that  right  now,  under  the current   interstate                                                            
compact,  there  is an  informal  gathering  of  interstate  compact                                                            
administrators,  one from each state, and there is  no mechanism for                                                            
anyone to make a decision or establish regulations.                                                                             
                                                                                                                                
SENATOR DONLEY asked why a state committee is needed.                                                                           
                                                                                                                                
MS. ZAUGG  responded that  the people involved  with the Council  on                                                            
State Government  and the National Institute of Corrections,  wanted                                                            
to  be sure  that  states  had  a board  or  commission  that  could                                                            
regulate the interstate compact within each state.                                                                              
                                                                                                                                
SENATOR DONLEY asked why.                                                                                                       
                                                                                                                                
MS. ZAUGG said  it was probably because  a council within  the state                                                            
would set their  own regulations for  what they are willing  to deal                                                            
with.                                                                                                                           
                                                                                                                                
SENATOR  DONLEY asked  if  the anticipated  board,  created by  this                                                            
legislation, would be empowered to adopt regulations.                                                                           
                                                                                                                                
MS ZAUGG said  this is not her understanding  but the council  would                                                            
be in  a position  to make  recommendations  for what  will be  done                                                            
within Alaska.                                                                                                                  
                                                                                                                                
SENATOR DONLEY asked if this would be an advisory board to DOC.                                                                 
                                                                                                                                
MS. ZAUGG  said her understanding  is that  if any problems  were to                                                            
develop  with people  DOC was  sending in  or out of  the state,  it                                                            
would be  run through  the board.   The board  would be designed  to                                                            
handle problems  involving rules on  how to go about getting  people                                                            
through the interstate process.                                                                                                 
                                                                                                                                
SENATOR  DONLEY said he  needs an  answer about  whether or  not the                                                            
board has  regulatory authority.   He also  asked if there  would be                                                            
legislative confirmation for the board.                                                                                         
                                                                                                                                
MS. ZAUGG said she does  not believe this is in SB 25.  The governor                                                            
approves  the  two  community   members  and  the  person  from  the                                                            
Department  of Law.  The commissioner  of  DOC would  designate  the                                                            
other people.                                                                                                                   
                                                                                                                                
Number 1819                                                                                                                     
                                                                                                                                
SENATOR DONLEY  asked if there would be a requirement  for a victims                                                            
advocate on the board.                                                                                                          
                                                                                                                                
MS. ZAUGG  replied yes.   One of the two  citizen members  appointed                                                            
would be a victims' representative.                                                                                             
                                                                                                                                
SENATOR DONLEY asked what type of victim would be represented.                                                                  
                                                                                                                                
MS.  ZAUGG  said the  legislation  does  not  specify what  type  of                                                            
victim.                                                                                                                         
                                                                                                                                
SENATOR  DONLEY said  there is a  huge difference  in the  different                                                            
victim classes.   This is another  question he would like  answered.                                                            
                                                                                                                                
SENATOR  DONLEY  asked  how  victim  rights  are  protected  in  the                                                            
compact.                                                                                                                        
                                                                                                                                
MS. ZAUGG answered  that the compact  makes sure that victim  rights                                                            
are  addressed.     Once  the  compact   is  ratified,  the   Alaska                                                            
representative   will  be  part  of   the  group  establishing   the                                                            
regulations that will apply  nationwide.  One of the things they are                                                            
tasked with doing  during the first twelve months  is to address the                                                            
victim notification issues across the country.                                                                                  
                                                                                                                                
SENATOR  DONLEY asked how  the compact  insures victim notification                                                             
requirements are complied with.                                                                                                 
                                                                                                                                
MS. ZAUGG said this has  not been specified yet.  There has not been                                                            
a meeting  to establish how  this would be  done and how each  state                                                            
would comply with the notification requirements of other states.                                                                
                                                                                                                                
SENATOR DONLEY  said SB 25 is asking Alaska to authorize  a specific                                                            
interstate compact  before it has been decided how  the compact will                                                            
deal with victim notification.                                                                                                  
                                                                                                                                
MS. ZAUGG read from SB 25, page 13:                                                                                             
                                                                                                                                
     (g) Subjects to be addressed within 12 months after the first                                                              
meeting must at a minimum include the following:                                                                                
                                                                                                                                
          (1) Notice to victims and opportunity to be heard;                                                                    
                                                                                                                                
Number 1906                                                                                                                     
                                                                                                                                
SENATOR DONLEY  said, "This was kind of a pig in a  poke."  He would                                                            
rather  see specific  provisions  in  the compact  regarding  victim                                                            
notification  before he votes to enter  into an interstate  compact.                                                            
He does not want this option decided at a later date.                                                                           
                                                                                                                                
CHAIRMAN TAYLOR  said he was trying  to understand what the  council                                                            
had done - he read from page 20 of SB 25:                                                                                       
                                                                                                                                
     Sec.  33.36.140.   State council.   (a)   There is created  the                                                            
State  Council   for  Interstate   Adult  Offender  Supervision   to                                                            
implement  the provisions of  the compact set  out in AS  33.36.110.                                                            
The state  council shall  meet as frequently  as necessary  to carry                                                            
out its responsibilities.                                                                                                       
     (b) The state council consists of seven members as follows:                                                                
          (1) the commissioner of corrections; the commissioner of                                                              
corrections may name a designee to serve in this capacity;                                                                      
          (2) the compact administrator appointed under AS                                                                      
33.36.130;                                                                                                                      
          (3) an attorney employed in the Department of Law,                                                                    
appointed by the governor;                                                                                                      
          (4) two members appointed by the governor from among the                                                              
citizens   of  the  state,   at  least  one   of  whom  must   be  a                                                            
representative from victims' groups;                                                                                            
          (5) one ex officio nonvoting member from the legislative                                                              
branch  selected by  the legislature  and one  ex officio  nonvoting                                                            
member from the judicial branch selected by the judiciary.                                                                      
     (c) The commissioner of corrections or the commissioner's                                                                  
designee shall serve as chair of the state council.                                                                             
     (e) Voting members of the state council who are not state                                                                  
employees receive  no salary for their work on the  council, but are                                                            
entitled  to per  diem  and  travel expenses  authorized  for  other                                                            
boards and commissions.                                                                                                         
                                                                                                                                
CHAIRMAN  TAYLOR said  it looks  like  SB 25  has been  set up  as a                                                            
shell.  In response  to Senator Donley's question  about the council                                                            
being  able to make  regulations  and pass policy,  Chairman  Taylor                                                            
read from page 21, line 23:                                                                                                     
                                                                                                                                
     (4) make recommendations to the legislature to facilitate the                                                              
implementation  of the compact and  the rules and bylaws  adopted by                                                            
the Interstate Commission.                                                                                                      
                                                                                                                                
CHAIRMAN TAYLOR said SB 25 appears to be advisory only.                                                                         
                                                                                                                                
Number 2013                                                                                                                     
                                                                                                                                
SENATOR  DONLEY said that  Alaska has constitutional  provisions  to                                                            
protect  victim  rights and  if the  state  agrees to  this  compact                                                            
without knowing  what victim rights will be in the  future, how will                                                            
the  state  know  it  has  complied  with  Alaska's  constitutional                                                             
protections?   There  is no  guarantee  that victim  rights will  be                                                            
protected.   Senator  Donley said  he is  reluctant  to vote for  an                                                            
interstate compact  that does not specifically insure  that Alaska's                                                            
constitutional rights are protected.                                                                                            
                                                                                                                                
Number 2092                                                                                                                     
                                                                                                                                
MS. ZAUGG said the compact  would not reduce the victim notification                                                            
obligations  that DOC  currently  has.   Across the  nation,  victim                                                            
rights are a top priority.   But under the current compact, there is                                                            
no  requirement  for victim  notification.    There is  a  concerted                                                            
effort in Alaska to notify  victims, but every state has a different                                                            
policy for notification,  which makes it hard to track.  An overview                                                            
group is  needed to  closely track  this information  and help  with                                                            
compliance.                                                                                                                     
                                                                                                                                
SENATOR DONLEY said Alaska  should be diligent in making sure victim                                                            
rights  are protected  in a compact  that could  possibly  supersede                                                            
Alaska's constitution.   Senator Donley  is concerned with  only one                                                            
victim  advocate  being  on  the  committee.    State  bureaucratic                                                             
interests  that are  not sympathetic  to making  sure that  Alaska's                                                            
constitution  on  victim rights  are  preserved could  dominate  the                                                            
committee.                                                                                                                      
                                                                                                                                
Number 2150                                                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR  said he was fascinated  by the language  on page 21                                                            
which says:                                                                                                                     
                                                                                                                                
     INDIRECT COURT  RULE AMENDMENT.  (a) Article VIII  (a)(2),                                                                 
     contained  in AS 33.36.110  as repealed  and reenacted  by                                                                 
     sec.  2 of this Act,  has the effect  of amending Rule  4,                                                                 
     Rules  of Civil  Procedure,  by entitling  the Interstate                                                                  
     Commission  for  Adult  Offender  Supervision  to receive                                                                  
     service of process of a  judicial proceeding in this state                                                                 
     that  pertains   to  the  Interstate  Compact  for   Adult                                                                 
     Offender  Supervision  and  that may  affect  the powers,                                                                  
     responsibilities, or actions of that commission.                                                                           
                                                                                                                                
CHAIRMAN  TAYLOR   said  he  thinks  Article  (a)(2)   refers  to  a                                                            
constitutional  article or a subsection  within the Alaska  statute.                                                            
For  this legislation  to  pass and  have  the desired  effect,  the                                                            
legislature  will have to  achieve a two-thirds  majority vote  from                                                            
each house  to amend this  court rule.   Chairman Taylor asked  that                                                            
DOC have someone come to the committee and clarify this.                                                                        
                                                                                                                                
CHAIRMAN  TAYLOR asked how  quickly this  compact is moving  through                                                            
other states.                                                                                                                   
                                                                                                                                
MS. ZAUGG,  looking at information  she had from the web  page, said                                                            
seven states  ratified  the compact  last year,  and 23 states  have                                                            
legislation in before their appropriate bodies this year.                                                                       
                                                                                                                                
Number 2293                                                                                                                     
                                                                                                                                
SENATOR DONLEY  said he would find it helpful if the  people who are                                                            
asking the committee  to hear bills included a packet  with statutes                                                            
or court rules  they are proposing  to amend.  Senator Donley  would                                                            
like this adopted as a general operating procedure.                                                                             
                                                                                                                                
CHAIRMAN  TAYLOR  agreed,  and  asked  Ms.  Zaugg  to  call  on  the                                                            
Department  of Law  to  provide the  committee  with a  copy of  the                                                            
statute and rules that are to be amended.                                                                                       
                                                                                                                                
Number 2336                                                                                                                     
Side B                                                                                                                          
                                                                                                                                
MR. BLAIR  MCCUNE,  Public Defender's  Office  (PD), testifying  via                                                            
teleconference  from  Anchorage,  said the  PD feels  this  compact,                                                            
unlike the  current compact,  does require  victim notification  and                                                            
that  Alaska statutes  would  supersede anything.    There are  many                                                            
people who come to Alaska  and get into trouble and their family and                                                            
contacts are  out-or-state. The PD  thinks that a structured  system                                                            
where people  can be sent back to  their support system quickly  and                                                            
with a solid plan in place is a good thing.                                                                                     
                                                                                                                                
CHAIRMAN TAYLOR said the  committee would hold SB 25 until they have                                                            
further information  on the  questions that  were raised during  the                                                            
meeting.                                                                                                                        
With no  further business  to come  before the  committee,  CHAIRMAN                                                            
TAYLOR adjourned the meeting at 2:23 p.m.                                                                                       

Document Name Date/Time Subjects