02/03/2016 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB157 | |
| SJR15 | |
| SCR4 | |
| HB93 | |
| Confirmation Hearings | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 93 | TELECONFERENCED | |
| += | SCR 4 | TELECONFERENCED | |
| += | SJR 15 | TELECONFERENCED | |
| += | SB 157 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 3, 2016
1:36 p.m.
MEMBERS PRESENT
Senator Lesil McGuire, Chair
Senator John Coghill, Vice Chair
Senator Mia Costello
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Peter Micciche
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Select Committee on Legislative Ethics
H. Conner Thomas - Nome
Gary J. Turner - Soldotna
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 157
"An Act defining arcade-style amusement devices."
- MOVED SB 157 OUT OF COMMITTEE
SENATE JOINT RESOLUTION NO. 15
Making application to the United States Congress to call a
convention of the states to propose a countermand amendment to
the Constitution of the United States as provided under art. V,
Constitution of the United States; and urging the legislatures
of the other 49 states to make the same application.
- HEARD & HELD
SENATE CONCURRENT RESOLUTION NO. 4
Relating to the duties of delegates selected by the legislature
to attend a convention of the states called under art. V,
Constitution of the United States, to consider a countermand
amendment to the Constitution of the United States; establishing
as a joint committee of the legislature the Delegate Credential
Committee and relating to the duties of the committee; providing
for an oath for delegates and alternates to a countermand
amendment convention; providing for a chair and assistant chair
of the state's countermand amendment delegation; providing for
the duties of the chair and assistant chair; providing
instructions for the selection of a convention president; and
providing specific language for the countermand amendment on
which the state's convention delegates are authorized by the
legislature to vote to approve.
- HEARD & HELD
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 93(STA)
"An Act relating to the duties of probation officers; and
relating to conditions of parole."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 157
SHORT TITLE: AMUSEMENT DEVICES & GAMBLING DEFINITION
SPONSOR(s): SENATOR(s) MCGUIRE
01/25/16 (S) READ THE FIRST TIME - REFERRALS
01/25/16 (S) JUD
02/01/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/01/16 (S) Heard & Held
02/01/16 (S) MINUTE (JUD)
02/03/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SJR 15
SHORT TITLE: CALL FOR US COUNTERMAND CONVENTION
SPONSOR(s): SENATOR(s) STOLTZE
02/13/15 (S) READ THE FIRST TIME - REFERRALS
02/13/15 (S) STA, JUD
03/17/15 (S) STA AT 9:00 AM BUTROVICH 205
03/17/15 (S) Heard & Held
03/17/15 (S) MINUTE (STA)
03/19/15 (S) STA AT 9:00 AM BUTROVICH 205
03/19/15 (S) Heard & Held
03/19/15 (S) MINUTE (STA)
03/26/15 (S) STA AT 9:00 AM BUTROVICH 205
03/26/15 (S) Moved SJR 15 Out of Committee
03/26/15 (S) MINUTE (STA)
03/27/15 (S) STA RPT 4DP 1DNP
03/27/15 (S) DP: STOLTZE, COGHILL, MCGUIRE, HUGGINS
03/27/15 (S) DNP: WIELECHOWSKI
04/08/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/08/15 (S) Heard & Held
04/08/15 (S) MINUTE (JUD)
02/03/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: SCR 4
SHORT TITLE: US COUNTERMAND CONVENTION DELEGATES
SPONSOR(s): SENATOR(s) STOLTZE
02/13/15 (S) READ THE FIRST TIME - REFERRALS
02/13/15 (S) STA, JUD, FIN
03/17/15 (S) STA AT 9:00 AM BUTROVICH 205
03/17/15 (S) Heard & Held
03/17/15 (S) MINUTE (STA)
03/19/15 (S) STA AT 9:00 AM BUTROVICH 205
03/19/15 (S) Heard & Held
03/19/15 (S) MINUTE (STA)
03/26/15 (S) STA AT 9:00 AM BUTROVICH 205
03/26/15 (S) Moved SCR 4 Out of Committee
03/26/15 (S) MINUTE (STA)
03/27/15 (S) STA RPT 4DP 1DNP
03/27/15 (S) DP: STOLTZE, COGHILL, HUGGINS, MCGUIRE
03/27/15 (S) DNP: WIELECHOWSKI
04/08/15 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
04/08/15 (S) Heard & Held
04/08/15 (S) MINUTE (JUD)
02/03/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
BILL: HB 93
SHORT TITLE: PROBATION AND PAROLE: WORK, TRAVEL ACCOM.
SPONSOR(s): REPRESENTATIVE(s) TILTON
01/30/15 (H) READ THE FIRST TIME - REFERRALS
01/30/15 (H) STA
02/17/15 (H) STA AT 8:00 AM CAPITOL 106
02/17/15 (H) Moved CSHB 93(STA) Out of Committee
02/17/15 (H) MINUTE (STA)
02/19/15 (H) STA AT 8:00 AM CAPITOL 106
02/19/15 (H) Moved CSHB 93(STA) Out of Committee
02/19/15 (H) MINUTE (STA)
02/20/15 (H) STA RPT CS (STA) 5DP
02/20/15 (H) DP: TALERICO, STUTES, KELLER, KREISS-
TOMKINS, LYNN
02/27/15 (H) TRANSMITTED TO (S)
02/27/15 (H) VERSION: CSHB 93(STA)
03/02/15 (S) READ THE FIRST TIME - REFERRALS
03/02/15 (S) STA, JUD
03/26/15 (S) STA AT 9:00 AM BUTROVICH 205
03/26/15 (S) Heard & Held
03/26/15 (S) MINUTE (STA)
04/07/15 (S) STA RPT 1DP 3NR
04/07/15 (S) DP: COGHILL
04/07/15 (S) NR: STOLTZE, HUGGINS, WIELECHOWSKI
04/07/15 (S) STA AT 9:00 AM BUTROVICH 205
04/07/15 (S) Moved CSHB 93(STA) Out of Committee
04/07/15 (S) MINUTE (STA)
02/03/16 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
H. CONNER THOMAS, Nominee
Select Committee on Legislative Ethics, public seat
Nome, Alaska
POSITION STATEMENT: Testified as a nominee for a public seat to
the Select Committee on Legislative Ethics.
GARY J. TURNER, Nominee
Select Committee on Legislative Ethics, public seat
Soldotna, Alaska
POSITION STATEMENT: Testified as a nominee for a public seat to
the Select Committee on Legislative Ethics.
FORREST WOLFE, Staff
Senator Lesil McGuire
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 157 on behalf of the sponsor.
KEVIN MEINERS, owner
Loyal Lady Enterprises
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 157.
KATRINA MITCHEL, Revenue Audit Supervisor
Tax Division
Charitable Gaming Program
Department of Revenue (DOR)
POSITION STATEMENT: Testified that SB 157 does not impact DOR.
SENATOR BILL STOLTZE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SJR 15 and SCR 4.
DANIEL GEORGE, Staff
Senator Bill Stoltze
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented supporting information on SJR 15
and SCR 4 on behalf of the sponsor.
MIKE COONS, National Legislative Director
Citizen Initiatives
Palmer, Alaska
POSITION STATEMENT: Testified in support of SJR 15 and SCR 4.
REPRESENTATIVE CATHY TILTON
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 93.
CHRISTOPHER CLARK, Staff
Representative Cathy Tilton
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented information related to HB 93 on
behalf of the sponsor.
CARRIE BELDEN, Director
Division of Probation and Parole
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to HB 93.
TRAVIS LEWIS, Vice President
Alaskans for Alaska
Hoonah, Alaska
POSITION STATEMENT: Testified in support of the spirit of HB 93
and offered suggestions.
ACTION NARRATIVE
1:36:34 PM
CHAIR LESIL MCGUIRE called the Senate Judiciary Standing
Committee meeting to order at 1:36 p.m. Present at the call to
order were Senators Costello, Wielechowski, Coghill, and Chair
McGuire.
^Confirmation Hearings
CONFIRMATION HEARINGS
Select Committee on Legislative Ethics
1:37:40 PM
CHAIR MCGUIRE announced the first order of business would be the
consideration of Chief Justice Nominations of public members to
the Select Committee on Legislative Ethics. She recognized H.
Conner Thomas, thanked him for his years of service, asked how
long he has served on the Select Committee on Legislative Ethics
and why he is interested in continuing.
1:37:46 PM
H. CONNER THOMAS, Nominee, Select Committee on Legislative
Ethics, public seat, Nome, Alaska, said he has served since
1999. He described the work as mostly enjoyable, with the topics
ranging from intellectually challenging to tedious. He feels it
is worthwhile public service that fits with his schedule. He
also believes it is important for the public generally in terms
of their perception of the legislature. He feels positive about
the purpose of the committee. Things that have been beneficial
during his time on the committee include mandatory ethics
sessions and the expansion and preference for informal advice.
He said he would like to continue on the committee.
CHAIR MCGUIRE said she particularly appreciates that he brings a
diverse perspective being a lawyer from Nome.
1:40:48 PM
SENATOR COGHILL thanked Mr. Thomas for his service and vouched
for his thoughtful work. He reminded him that legislators
appreciate the continued discussion on policy calls that are
ambiguous or hard to implement.
CHAIR MCGUIRE asked if he had any requests for the legislature
or reflections from his years of service.
MR. THOMAS said he's learned that the issues you think are going
be simple and quick often don't turn out that way. He doesn't
feel there is anything clambering to be done.
CHAIR MCGUIRE said she would ask for a motion at the end of the
meeting to forward his name to the full body for further
consideration.
1:43:22 PM
CHAIR MCGUIRE recognized Gary J. Turner's service on the Select
Committee on Legislative Ethics and noted he is the director of
the Kenai Peninsula College in Soldotna. She asked him to tell
the committee why he wants to continue to service and highlight
any legislative matters he believes should be changed.
1:44:03 PM
GARY J. TURNER, Nominee, Select Committee on Legislative Ethics,
public seat, Soldotna, Alaska, stated that he's been on the
committee for almost 10 years and that makes him the junior
public member. He said it took several years before he felt
comfortable. He agreed with Mr. Thomas that he can study an
issue carefully in preparation for a meeting and feel he knows
the way things will go. But the committee discussions can be so
interesting and unique that you might make a 180 degree turn. He
opined that that is important to the process and shows that just
one or two people should not be making decisions on advisory
opinions or ethics violations. "It takes a committee such as
this that would share responsibility between the public and the
legislators," he said. That is one of the reasons he continues
to serve. He said he is fortunate that the University of Alaska,
Anchorage supports public service and has allowed him to attend
meetings without having to take vacation.
With regard to any legislative fixes, he said it can be
frustrating when the committee recognizes that something needs
to be fixed, but it requires a statutory change. He cited the
example of Senator Coghill's rewrite of the ethics bill six
years ago.
CHAIR MCGUIRE asked if he feels that the existing standards
allow the committee to hold legislative members to the highest
ethical standards.
MR. TURNER answered yes. Overall the system is working although
he sometimes believes the fines could be increased because they
seem low.
CHAIR MCGUIRE responded that legislators will look forward to
hearing more from the committee on that subject.
1:48:44 PM
SENATOR COGHILL thanked Mr. Turner for his service and expressed
appreciation for his work ethic.
CHAIR MCGUIRE commented on the importance of the ethics
committee and then stated her intention to forward the
nominations for ratification. She highlighted that these
nominations are unique because they come from the chief justice
under Title 24 as opposed to the governor. [The motion to
forward the names to the full body for consideration was made at
the end of the meeting.]
SB 157-AMUSEMENT DEVICES & GAMBLING DEFINITION
1:50:42 PM
CHAIR MCGUIRE announced the consideration of SB 157. She asked
Mr. Wolfe if he had any additional information for the
committee.
1:50:47 PM
FORREST WOLFE, Staff, Senator Lesil McGuire, sponsor of SB 157,
reported that Tudor Bingo Center and another pull tab owner who
will give testimony today both have expressed support for the
bill.
1:51:55 PM
KEVIN MEINERS, owner, Loyal Lady Enterprises, Anchorage, Alaska,
stated that he has pull tab shops in six locations throughout
Anchorage, and he fully supports SB 157. He relayed that one of
his shops is in the Dimond Center, and he believes that [the
addition of Dave and Buster's] will drive a lot of traffic to
the mall. Responding to a question, he confirmed that nothing in
the bill specifically affects him.
SENATOR WIELECHOWSKI asked if he may change his business
structure to take advantage of the provisions in the bill.
MR. MEINERS answered, "Not at all; this purely refers to
amusement games as far as I'm concerned."
CHAIR MCGUIRE noted that Katrina Mitchel with the Department of
Revenue (DOR) was available to answer questions.
SENATOR WIELECHOWSKI asked Ms. Mitchel if the administration has
any concerns about and a position on the bill.
1:53:40 PM
KATRINA MITCHEL, Revenue Audit Supervisor, Tax Division,
Charitable Gaming Program, Department of Revenue (DOR), stated
that SB 157 does not impact the charitable gaming program so DOR
will not be impacted. The position of the administration would
be that it does not impact the Charitable Gaming Program.
1:54:29 PM
CHAIR MCGUIRE closed public testimony on SB 157.
1:54:46 PM
SENATOR COGHILL motioned to report SB 157 from committee with
individual recommendations and attached zero fiscal note(s).
CHAIR MCGUIRE announced that without objection, SB 157 is
reported from the Senate Judiciary Standing Committee.
SJR 15-CALL FOR US COUNTERMAND CONVENTION
1:55:21 PM
CHAIR MCGUIRE announced the consideration of SJR 15.
1:55:47 PM
SENATOR BILL STOLTZE, Alaska State Legislature, Juneau, Alaska,
sponsor of SJR 15, introduced himself.
1:56:04 PM
DANIEL GEORGE, Staff, Senator Bill Stoltze, Alaska State
Legislature, Juneau, Alaska, introduced himself and summarized
the reason the committee was hearing both SJR 15 and SCR 4
today. He suggested starting with SJR 15.
SENATOR STOLTZE explained that SJR 15 is a vehicle to address
the issue of federal overreach. He opined that it empowers
states with the power that the founders envisioned when the
Republic was established.
CHAIR MCGUIRE asked how many states have passed similar
legislation and how many are needed [to pursue a countermand
constitutional convention.]
SENATOR STOLTZE deferred to Mr. George.
1:58:56 PM
MR. GEORGE said he misplaced the list but there are a number of
supporting letters in the packets from states that have passed
or are considering similar legislation. Under Article V of the
Constitution of the United States, two-thirds of the states
would be required to propose a single-issue, countermand
amendment convention. The specific text is within the bills to
prevent any kind of runaway convention. Upon receipt of
applications from 34 state legislatures, Congress would call the
convention within 60 days. Once the convention is called,
specific initiatives to countermand specific federal actions,
statutes, or decisions could be proposed. Those would have to be
approved by three-fifths of the states.
SENATOR STOLTZE described the concept as simple. "It's providing
for the Tenth Amendment powers that the states should have and
that have been eroded through a lot of executive fiat by both
democratic and Republican presidents." He added that this is a
tool for states that has a high threshold but, "I don't think
it's a weapon that'll be drawn except in self-defense by the
states."
CHAIR MCGUIRE commented that most of the committee has signed on
as co-sponsors.
SENATOR STOLTZE stressed the importance have the motivations for
the legislation a matter of public record. Many interested
Alaskans have been involved but it's difficult to get people to
testify during the work day, he said.
CHAIR MCGUIRE noted that Mike Coons signed up to testify on both
pieces of legislation.
2:03:03 PM
SENATOR WIELECHOWSKI clarified that he is not a co-sponsor and
is very concerned that this process would allow states to
overturn decisions of the judicial branch of government. "I
think there have been periods of time where the majority of the
people would have willingly kept very - what we can look back
now, controversial decisions by the Supreme Court. Racial
segregation as an example." The courts are supposed to be an
unbiased arbiter of the law and this gives state legislatures
the ability to overturn judicial decisions. "It concerns me
greatly that you have legislative branches interceding in the
judicial branch," he said.
SENATOR STOLTZE offered his belief that many people in the state
feel the converse about a trespass by the courts on many state
issues.
CHAIR MCGUIRE said Senator Wielechowski brings up a valid
argument and it's the challenge to the countermand movement. On
the other hand, the constitution is supposed to be a living and
breathing document that reflects social and political movements.
She said she believes that people that live in states and the
people that represent them are closest to how people are
feeling. "Some of those notions we may not like," but, "on the
other hand, the issue of states having more control over their
lands is huge." For example, it would be much easier for the
State of Alaska to solve its budget deficit if it owned more of
the land within the boundaries of the state. She also cited the
King Cove road as a searing example of how out of touch
Washington, D.C. is with life in Alaska.
She said both sides of this issue are valid, "but this notion is
appealing to me because I think that there is a point that our
forefathers envisioned that we would all collectively come back
together...and reflect on some of these things and decide
whether or not there is room for change."
2:08:38 PM
SENATOR COSTELLO asked who from Alaska would go to the
countermand amendment convention, and what happens until the
threshold number of states sign on.
MR. GEORGE explained that the procedures for who goes to the
convention from each state is outlined in SCR 4. It creates a
delegate credential committee, which would select the delegates.
He noted that under this bill, the delegate credential committee
would expire on the 1st day of the 30th legislature.
He clarified that the purpose of a countermand convention is to
countermand an action, not to create new law. They are specific
to an issue or decision that can garner the support of three-
fifths of the legislatures in the U.S. to ratify. Following that
approval, the measure is returned to Congress. "So there's a
lengthy process here, with checks," he said.
SENATOR COSTELLO asked how likely it is that this will actually
take place.
2:12:22 PM
SENATOR STOLTZE replied it will be a long journey. Even after
the first step it will be more difficult than getting five
people on the Supreme Court to change a law in the Constitution,
he said.
MR. GEORGE added that this is different than the Electoral
College in that these delegates are specifically bound and can
be removed for cause.
SENATOR COSTELLO asked if he reviewed the discussions of the
framers of the Constitution when forming this option, because
the process of making laws wasn't intended to be easy. "What
were the values being talked about?"
2:14:25 PM
MR. GEORGE replied it's important to remember that Article V was
part of the U.S. Constitution from the start. He said the U.S
Constitution has been amended 27 times so it's an avenue for the
people to effect the working of their government. He
acknowledged that the process for the countermand amendment
convention is somewhat uncharted so some of it is theoretical in
nature.
2:15:02 PM
CHAIR MCGUIRE asked, "Is there anyone in the room that wouldn't
want to attend if you knew there was an opportunity to reflect
on issues like this?" She expressed appreciation for the
questions from Senator Wielechowski and Senator Costello and
opined that this is a conversation worth considering.
2:17:06 PM
SENATOR COGHILL said it's a very high hurdle to get 34 states to
agree on any issue. He disagreed with the comparison to the
Supreme Court and "hair on fire" moment for the people to
coalesce around a single idea. However, it's important to have
the tool in place and this lays out the rules. "This is using
Article V the way it was intended," he said.
CHAIR MCGUIRE maintained that it was the states that led the
home-grown idea that slaves should be emancipated; it wasn't an
issue of the federal government. She also commented on the
initiative and referendum process. It was very controversial in
1995 but the result is that the fabric of society has changed in
remarkable and progressive ways. "It's not any more radical than
this," she concluded.
2:22:17 PM
SENATOR WIELECHOWSKI said he appreciates the sentiments and the
efforts of the sponsor, but the history of nullification in this
country is long and ugly. This Republic was set up to protect
people and the Supreme Court often issues unpopular opinions
various groups. While some good may come out of the proposed
process, it's easy to envision a different outcome when the
pendulum swings, he said and cited the Second Amendment and Roe
v. Wade. He closed emphasizing that this is not the best
approach for the state or the country to take; there are other
established means.
2:23:42 PM
CHAIR MCGUIRE held SJR 15 in committee.
SCR 4-US COUNTERMAND CONVENTION DELEGATES
2:24:05 PM
CHAIR MCGUIRE announced the consideration of 4.
2:24:16 PM
SENATOR BILL STOLTZE, Alaska State Legislature, Juneau, Alaska,
sponsor of SCR 4, deferred to Mr. George to introduce the
legislation.
DANIEL GEORGE, Staff, Senator Bill Stoltze, Alaska State
Legislature, Juneau, Alaska, stated that SCR 4 lays out the
implementation process for the Countermand Amendment Convention.
He related that this issue was brought by a constituent and is a
grassroots effort. Other states interested in or that have
passed similar legislation include New Mexico, New Hampshire,
Louisiana, North Carolina, North Dakota, Utah and Oklahoma. He
clarified that the purpose of this process is to countermand a
federal decision or law, not to create new law that may be
discriminatory. "We're talking about a decision that's been made
at the federal level that you can get a pretty high majority of
states to agree that it's an overreach or is in excess of
federal power." Whether or not the bar is high enough is a
question for the body to decide, he said.
SENATOR STOLTZE thanked the committee for hearing the
resolutions. He concluded that this is a modest first step in a
process that is more deliberative by leaps and bounds than the
Supreme Court process.
CHAIR MCGUIRE opened public testimony.
2:29:55 PM
MIKE COONS, National Legislative Director of Citizen
Initiatives, Palmer, Alaska, stated support for both SJR 15 and
SCR 4 and expressed disappointment that the resolutions wouldn't
be passed from committee today. He related that the
representative from Pennsylvania did a good job of laying out
how the countermand amendment could be used effectively. He also
mentioned the comment by the governor of Texas, related to the
marriage ruling, that five justices can change the Constitution.
He recalled a conversation with Senator Coghill, and opined that
even if 30 states don't coalesce around a specific federal
action within the 18 month timeframe, it will still provide
impetus for Congress to "do what should have been done to begin
with."
He offered his belief that the entire process could be complete
in six months, because "we have 38 energy producing states, we
have 40 states with concealed carry shall-issue, [and] we have
29 states that have filed suit against Obama Care. He referred
to Senator Coghill's comment about a "hair on fire moment, and
offered his belief that the country is at that point. He cited
Donald Trump as an example saying that the anger nationwide is
palatable.
He encouraged the committee to pass the legislation today. "As a
point of pride as an Alaskan and as an American, I really want
to see Alaska leading the way on this," he said.
2:37:26 PM
CHAIR MCGUIRE stated that she would hold SCR 4 in committee and
bring it up for a vote next week.
HB 93-PROBATION AND PAROLE: WORK, TRAVEL ACCOM.
2:37:32 PM
CHAIR MCGUIRE announced the consideration of HB 93.
2:37:50 PM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, Juneau,
Alaska, sponsor of HB 93, introduced the legislation stating
that Alaska has one of the highest rates of recidivism in the
nation. The Alaska Criminal Justice Commission (ACJC) was created
to study this issue and their report indicated that two out of
three people released from prison recidivate within three years,
primarily for probation violations. Over 10 years, that will
increase the prison population by 1,416 for an added total cost
of $78 million. HB 93 is intended to reduce those costs.
She reported that the ACJC report states that incarceration is
not more effective at reducing recidivism than noncustodial
sanctions, and may increase recidivism. It also states "the
likelihood of violations diminishes as offenders gain stability
and demonstrate longer term success in the community." Experts
such as Partners for Progress have identified employment as one
of the three components needed for successful reentry.
REPRESENTATIVE TILTON highlighted that the challenge of gainful
employment is the fact that few employers are willing to hire
someone who has been in prison. A study from the Urban Institute
showed that just 12.5 percent of employers would accept an
applicant with a criminal record.
The intent of HB 93 is to help former inmates become law-abiding
members of society, to protect the public from repeat offenders,
and to help reduce the cost of recidivism. The bill allows
probation and parole officers to be flexible to probationers'
work schedule when prescribing the times a probationer shall
report. It also allows reasonable travel within the state as
long as it is not in conflict with the terms and conditions of
probation. HB 93 also allows for restitution. She noted the
letters of support from Partners for Progress and others.
SENATOR COSTELLO referenced the language on page 2, lines 13-14,
and suggested that different language might better achieve the
goal of allowing more flexibility in the terms of probation.
2:45:20 PM
CHRISTOPHER CLARK, Staff, Representative Cathy Tilton, sponsor
of HB 93, suggested Carrie Belden respond to the question.
SENATOR COGHILL explained that the court sets the terms and
conditions and the probation officers carry them out. He
observed that the bill is asking for more flexibility to
accommodate travel within the state for work.
CHAIR MCGUIRE asked Ms. Belden to address the question.
2:46:40 PM
CARRIE BELDEN, Director, Division of Probation and Parole,
Department of Corrections (DOC), Anchorage, Alaska, confirmed
that probation and parole officers (POs) receive supervision
conditions from the court and the Parole Board. She said POs do
encourage employment; it's considered a protective factor and is
important for success. DOC recognizes the importance of
employment and frequently issues travel passes.
SENATOR COSTELLO questioned whether the language in the bill
actually takes care of the travel issue. She also asked why the
flexibility isn't in the terms and conditions of the probation
itself.
MR. CLARK directed attention to a legal opinion that said the
language was crafted to allow some flexibility for the PO to
determine whether or not travel was in the best interest of the
parolee.
2:50:10 PM
MS. BELDEN said someone who is living in a village can get an
instate travel pass without physically coming to the office, but
there are more rules for out-of-state travel. POs also try to do
home visits for people living in rural locations and those
probationers and parolees can get a travel pass then. She agreed
with Mr. Clark that the court and the Parole Board set the
conditions for probation and parole, but the PO has latitude as
to whether or not to issue the travel pass.
2:52:44 PM
SENATOR COSTELLO asked to hear from a parole officer.
CHAIR MCGUIRE said she would accommodate the request.
SENATOR WIELECHOWSKI asked the sponsor if she had considered
expanding the travel to allow for educational opportunities or
training.
REPRESENTATIVE TILTON said she would look into that.
CHAIR MCGUIRE asked Ms. Belden if she had an opinion about
allowing travel for education or training purposes. She also
asked her to offer testimony next week on behalf of the
department about any subjects that may be relevant.
MS. BELDEN stated support for allowing travel for educational
opportunities or training purposes. At probation and parole we
consider education, training, and employment productive factors,
she said.
SENATOR WIELECHOWSKI suggested all parties work together on
suggested language.
2:55:11 PM
TRAVIS LEWIS, Vice President, Alaskans for Alaska, Hoonah
Alaska, said he grew up in Elfin Cove and knows a lot of young
people from rural areas who are under probation and parole.
Because there is no mechanism to check in locally, they often
end up in a halfway house or Lemon Creek even though their
violations are relatively minor. He cited examples of fishing
violations or missing a court date.
MR. LEWIS said he's in full support of the spirit of HB 93, but
would like to see more cooperation between DOC and Public
Safety. The community's chief of police, mayor, tribal chief,
fire department, and harbor master all agree they could put a
lot of the violators to work on the island instead of sending
them to jail on a probation violation. He relayed that his
community has a SEARHC clinic that can do drug tests and alcohol
counseling, but there is no mechanism between the state and city
to allow for this common sense approach.
2:59:39 PM
CHAIR MCGUIRE closed public testimony on HB 93 and held the bill
in committee.
^Confirmation Hearings
CONFIRMATION HEARINGS
2:59:49 PM
CHAIR MCGUIRE stated that in accordance with AS 24.60.130, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration: H. Conner Thomas and Gary J. Turner as public
members for the Select Committee on Legislative Ethics. She
reminded members that this does not reflect intent by any
members to vote for or against the confirmation of the
individuals during any further sessions. Hearing and seeing no
objection, she said the names would be forwarded.
3:00:24 PM
There being no further business to come before the committee,
Chair McGuire adjourned the Senate Judiciary Standing Committee
meeting at 3:00 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Resume-Gary J Turner 2016.pdf |
SJUD 2/3/2016 1:30:00 PM |
|
| Turner Bio Updated Nov 2015.pdf |
SJUD 2/3/2016 1:30:00 PM |
|
| CSHB 93.pdf |
SJUD 2/3/2016 1:30:00 PM |
HB 93 |
| fiscalNote DOA CSHB 93.pdf |
SJUD 2/3/2016 1:30:00 PM |
HB 93 |
| fiscalNote DOC CSHB 93.pdf |
SJUD 2/3/2016 1:30:00 PM |
HB 93 |
| Sectional Analysis CSHB 93.pdf |
SJUD 2/3/2016 1:30:00 PM |
HB 93 |
| Conner Thomas Resume.pdf |
SJUD 2/3/2016 1:30:00 PM |
|
| CS SCR 4.pdf |
SJUD 2/3/2016 1:30:00 PM |
|
| CS SJR 15.pdf |
SJUD 2/3/2016 1:30:00 PM |
|
| fiscalNote SCR 4.pdf |
SJUD 2/3/2016 1:30:00 PM |
|
| fiscalNote SJR 15.pdf |
SJUD 2/3/2016 1:30:00 PM |