Legislature(2019 - 2020)BUTROVICH 205

02/21/2019 03:30 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
Commissioner-Designee Tshibaka, Department of
Administration
<Above Item Removed from Agenda>
-- Public Testimony <Time Limit May Be Set> --
-- Teleconference <Invitation Only> --
+= SB 34 PROBATION; PAROLE; SENTENCES; CREDITS TELECONFERENCED
Heard & Held
+= SB 33 ARREST;RELEASE;SENTENCING;PROBATION TELECONFERENCED
Heard & Held
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 21, 2019                                                                                        
                           3:35 p.m.                                                                                            
                                                                                                                                
                             DRAFT                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Mike Shower, Chair                                                                                                      
Senator Peter Micciche                                                                                                          
Senator Scott Kawasaki                                                                                                          
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator John Coghill, Vice Chair                                                                                                
Senator Lora Reinbold                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 33                                                                                                              
"An  Act relating  to pretrial  release; relating  to sentencing;                                                               
relating  to  treatment  program   credit  toward  service  of  a                                                               
sentence  of  imprisonment;  relating to  electronic  monitoring;                                                               
amending  Rules   38.2  and  45(d),  Alaska   Rules  of  Criminal                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
SENATE BILL NO. 34                                                                                                              
"An Act  relating to  probation; relating  to a  program allowing                                                               
probationers to  earn credits for  complying with  the conditions                                                               
of  probation;  relating  to   early  termination  of  probation;                                                               
relating to  parole; relating to  a program allowing  parolees to                                                               
earn  credits  for  complying  with  the  conditions  of  parole;                                                               
relating to early termination of  parole; relating to eligibility                                                               
for discretionary  parole; relating  to good time;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB  33                                                                                                                  
SHORT TITLE: ARREST;RELEASE;SENTENCING;PROBATION                                                                                
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/19       (S)       STA, JUD, FIN                                                                                          
02/07/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/07/19       (S)       Heard & Held                                                                                           
02/07/19       (S)       MINUTE(STA)                                                                                            
02/14/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/14/19       (S)       Heard & Held                                                                                           
02/14/19       (S)       MINUTE(STA)                                                                                            
02/19/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/19/19       (S)       Heard & Held                                                                                           
02/19/19       (S)       MINUTE(STA)                                                                                            
02/21/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
BILL: SB  34                                                                                                                  
SHORT TITLE: PROBATION; PAROLE; SENTENCES; CREDITS                                                                              
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR                                                                                    
                                                                                                                                
01/23/19       (S)       READ THE FIRST TIME - REFERRALS                                                                        
01/23/19       (S)       STA, FIN                                                                                               
02/07/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/07/19       (S)       Heard & Held                                                                                           
02/07/19       (S)       MINUTE(STA)                                                                                            
02/11/19       (S)       JUD REFERRAL ADDED AFTER STA                                                                           
02/12/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/12/19       (S)       Heard & Held                                                                                           
02/12/19       (S)       MINUTE(STA)                                                                                            
02/14/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/14/19       (S)       Heard & Held                                                                                           
02/14/19       (S)       MINUTE(STA)                                                                                            
02/19/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
02/19/19       (S)       Heard & Held                                                                                           
02/19/19       (S)       MINUTE(STA)                                                                                            
02/21/19       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JEN WINKELMAN, Director                                                                                                         
Division of Probation and Parole                                                                                                
Department of Corrections (DOC)                                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATRMENT: Answered questions related to SB 33.                                                                      
                                                                                                                                
KELLY GOODE, Deputy Commissioner                                                                                                
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION   STATRMENT:   Answered   questions   about   electronic                                                             
monitoring during the hearing on SB 34.                                                                                         
CLAIRE RADFORD, Attorney                                                                                                        
Legislative Legal Services                                                                                                      
Legislative Affairs Agency                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION   STATEMENT:   As   the  drafting   attorney,   provided                                                             
information related to the CS for SB 34, version M.                                                                             
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:35:25 PM                                                                                                                    
CHAIR  MIKE  SHOWER  called the  Senate  State  Affairs  Standing                                                             
Committee meeting to  order at 3:35 p.m.  Present  at the call to                                                               
order were Senators Kawasaki, Micciche, and Chair Shower.                                                                       
                                                                                                                                
                                                                                                                                
           SB  33-ARREST;RELEASE;SENTENCING;PROBATION                                                                       
                                                                                                                                
3:36:27 PM                                                                                                                    
CHAIR  SHOWER  announced the  consideration  of  SB 33,  "An  Act                                                               
relating to  pretrial release;  relating to  sentencing; relating                                                               
to  treatment program  credit  toward service  of  a sentence  of                                                               
imprisonment; relating  to electronic monitoring;  amending Rules                                                               
38.2  and   45(d),  Alaska  Rules  of   Criminal  Procedure;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
He welcomed  Ms. Winkelman and  Ms. Goode from the  Department of                                                               
Corrections to respond to questions  that came up in the previous                                                               
hearing, primarily about ankle monitors.                                                                                        
                                                                                                                                
3:37:01 PM                                                                                                                    
JEN  WINKELMAN,  Director,  Division  of  Probation  and  Parole,                                                               
Department  of Corrections  (DOC), responded  to the  committee's                                                               
request for  information about the  daily cost of  the monitoring                                                               
equipment  DOC  uses.  She explained  that  the  individual  cost                                                               
varies depending on the particular  equipment that's required but                                                               
the average  cost to  rent the  equipment is  $6.75 per  day. The                                                               
next  question   was  whether  there  were   consequences  if  an                                                               
individual  failed   to  keep   their  monitoring   equipment  in                                                               
operating  order.  She checked  with  staff  and learned  that  a                                                               
defendant  in  pretrial  status   who  does  not  maintain  their                                                               
equipment  is  charged with  a  misdemeanor  for violating  their                                                               
conditions of release.                                                                                                          
                                                                                                                                
CHAIR SHOWER  clarified that  maintaining equipment  is primarily                                                               
keeping the battery charged.                                                                                                    
                                                                                                                                
MS. WINKELMAN agreed.                                                                                                           
                                                                                                                                
SENATOR MICCICHE  asked if  DOC or  the monitoring  company knows                                                               
when a battery dies.                                                                                                            
                                                                                                                                
MS. WINKELMAN explained  that when the battery gets  low it sends                                                               
a warning alert to both  the probation officer and the defendant.                                                               
If the  device stops working,  the officer responds  to determine                                                               
the  reason  for  the  failure. She  noted  that  equipment  does                                                               
malfunction from time  to time; failure is not  always the result                                                               
of a dead battery.                                                                                                              
                                                                                                                                
SENATOR KAWASAKI  asked how  she calculated  the average  cost of                                                               
$6.75.                                                                                                                          
                                                                                                                                
MS.  WINKELMAN explained  that she  broke the  total annual  cost                                                               
into  an  average  daily  cost  and  divided  by  the  number  of                                                               
individuals  on the  program.  She  noted that  the  cost of  the                                                               
various types  of monitoring equipment  ranges from $3 to  $8. If                                                               
the circumstances of  the arrest relate to  alcohol, for example,                                                               
the monitoring  equipment that's ordered would  be very different                                                               
than for a defendant whose arrest has no nexus to alcohol.                                                                      
                                                                                                                                
She  advised that  to answer  the  question about  what the  best                                                               
monitor is,  she reviewed  a list  of the  things DOC  looks for.                                                               
These   include  the   capability   to  attach   to  the   ankle,                                                               
notification if  the device  is tampered with  or removed,  and a                                                               
device that  is sealed  and shock resistant.  She noted  that not                                                               
all equipment  works in all  areas of Alaska  and that has  to be                                                               
taken   into  consideration   when  contracting   with  different                                                               
companies. For  example, DOC  has experienced  difficulty getting                                                               
equipment to work in Bethel and just one type works in Barrow.                                                                  
                                                                                                                                
3:43:11 PM                                                                                                                    
KELLY  GOODE,  Deputy  Commissioner,  Department  of  Corrections                                                               
(DOC), said  DOC is  aware of  just four  or five  companies that                                                               
manufacture electronic monitoring (EM)  equipment. She offered to                                                               
follow  up  with  information  on  which  features  each  company                                                               
offers.                                                                                                                         
                                                                                                                                
CHAIR SHOWER  said the primary  question now  is if the  state is                                                               
getting the features it needs.                                                                                                  
                                                                                                                                
SENATOR MICCICHE  said he continues  to believe that  the private                                                               
sector should  provide this service,  but the  specifications and                                                               
DOC's  requirements  need   to  be  clear.  He   asked  if  DOC's                                                               
requirements and expectations are clear.                                                                                        
                                                                                                                                
MS. GOODE said  she reached out to a couple  of the providers and                                                               
they raised no issues regarding  meeting the state's requirements                                                               
and  expectations. She  noted that  the committee  also expressed                                                               
interest  in  knowing  whether  these  companies  could  mobilize                                                               
quickly should the  bill pass. The providers she  spoke with said                                                               
it would take a  little time to ramp up, but  they could meet the                                                               
need as private contractors.                                                                                                    
                                                                                                                                
3:45:54 PM                                                                                                                    
CHAIR SHOWER stated he would hold SB 33 in committee.                                                                           
                                                                                                                                
          SB  34-PROBATION; PAROLE; SENTENCES; CREDITS                                                                      
                                                                                                                                
3:46:13 PM                                                                                                                    
CHAIR  SHOWER  announced the  consideration  of  SB 34,  "An  Act                                                               
relating   to  probation;   relating   to   a  program   allowing                                                               
probationers to  earn credits for  complying with  the conditions                                                               
of  probation;  relating  to   early  termination  of  probation;                                                               
relating to  parole; relating to  a program allowing  parolees to                                                               
earn  credits  for  complying  with  the  conditions  of  parole;                                                               
relating to early termination of  parole; relating to eligibility                                                               
for discretionary  parole; relating  to good time;  and providing                                                               
for an effective date."                                                                                                         
                                                                                                                                
He stated  that the bill is  sponsored by the Rules  Committee at                                                               
the  request of  the  governor.  This is  the  fifth hearing  and                                                               
public testimony  was taken and  is concluded. He noted  that the                                                               
proposed  committee substitute  (CS)  contains technical  changes                                                               
requested  by   Legislative  Legal  Services  and   an  amendment                                                               
requested by the Department of Law  (DOL). The intent is to adopt                                                               
the  CS, have  DOL and  the drafter  give an  explanation of  the                                                               
changes and answer questions, and  hold the bill in committee for                                                               
further consideration.                                                                                                          
                                                                                                                                
3:47:43 PM                                                                                                                    
SENATOR MICCICHE  moved to  adopt the  work draft  CS for  SB 34,                                                               
work order 31-GS1031\M, as the working document.                                                                                
                                                                                                                                
3:48:01 PM                                                                                                                    
CHAIR SHOWER objected  for discussion purposes. He  noted who was                                                               
available to answer questions and  asked Ms. Schroeder to come to                                                               
the table.                                                                                                                      
                                                                                                                                
3:48:40 PM                                                                                                                    
KACI  SCHROEDER, Assistant  Attorney General,  Criminal Division,                                                               
Department of Law  (DOL), advised that the CS for  SB 34, version                                                               
M, contains changes requested by  DOL on behalf of the Department                                                               
of Corrections.                                                                                                                 
                                                                                                                                
Sections  9 and  10 amend  AS 33.16.090,  returning discretionary                                                               
parole  to  the  pre-Senate  Bill  91  law  and  moving  all  the                                                               
prohibitions to subsection (a).  The prohibition that was removed                                                               
from    subsection   (b)    is   the    new   language    in   AS                                                               
33.16.090(a)(1)(D).  The language  in  the  new subparagraph  (E)                                                               
clarifies  that a  prisoner who  is  not eligible  for good  time                                                               
deduction  from   their  sentence,  is  also   not  eligible  for                                                               
discretionary  parole.   The  prisoners  specifically   cited  as                                                               
ineligible are repeat  sex offenders or unclassified  and class A                                                               
sex offenders.                                                                                                                  
                                                                                                                                
Sections 13  and 14  amend AS 33.16.130,  fully reverting  to the                                                               
pre-Senate  Bill 91  language and  removing  timelines that  were                                                               
enacted  by Senate  Bill  91.  The original  bill  was a  partial                                                               
reversion.  The  CS  also  removes  a section  that  was  in  the                                                               
original bill that  required people to be on parole  for at least                                                               
one year.  That section  will remain in  statute in  its existing                                                               
form. Corresponding  to that, the language  in AS 33.16.210(c)(1)                                                               
on page 10,  line 18, is retained. It requires  a parolee to have                                                               
completed at  least one  year on parole  before a  parole officer                                                               
may  recommend  them  for  early  discharge.  The  original  bill                                                               
deleted that language.                                                                                                          
                                                                                                                                
Section 17  reinserts language that  was deleted in  the original                                                               
bill.  It gives  the  parole  board the  authority  to toll  when                                                               
somebody  is in  violation status.  Their parole  time would  not                                                               
continue  to  run  throughout  the term  they  are  in  violation                                                               
status. This is consistent with the way probation is done.                                                                      
                                                                                                                                
3:53:01 PM                                                                                                                    
CHAIR SHOWER  asked if there  were questions,  particularly about                                                               
the provisions that were not in the original bill.                                                                              
                                                                                                                                
SENATOR  MICCICHE  asked  if  the  changes  in  Section  22  were                                                               
conforming.                                                                                                                     
                                                                                                                                
MS. SCHROEDER  said Section  22 is the  repealer section  and the                                                               
only  change DOL  requested  was  to remove  a  statute that  was                                                               
included  in error.  AS  33.16.090(b)(2) was  also  added to  the                                                               
repealer section because  of the first change  she described that                                                               
places  all  the  prohibitions for  discretionary  parole  in  AS                                                               
33.16.090(a).                                                                                                                   
                                                                                                                                
SENATOR MICCICHE  asked if  she would update  the bill  matrix to                                                               
reflect the changes and provide it to the chair for reposting.                                                                  
                                                                                                                                
MS. SCHROEDER agreed.                                                                                                           
                                                                                                                                
CHAIR SHOWER asked  the drafting attorney if she  had anything to                                                               
add.                                                                                                                            
                                                                                                                                
3:55:25 PM                                                                                                                    
CLAIRE   RADFORD,    Attorney,   Legislative    Legal   Services,                                                               
Legislative  Affairs Agency,  Alaska  State Legislature,  Juneau,                                                               
advised that Section  7 was added to update  the cross references                                                               
as a result of the renumbering in Section 6.                                                                                    
                                                                                                                                
CHAIR SHOWER asked her to walk through the cross references.                                                                    
                                                                                                                                
MS. RADFORD  explained that in  Section 6, AS  33.05.040(a)(4) is                                                               
repealed and  the subsequent  paragraphs are  renumbered. Because                                                               
(a)(5) was  cross referenced  in AS  33.05.040(b), Section  7 was                                                               
added to reflect that it is now (a)(4).                                                                                         
                                                                                                                                
CHAIR SHOWER asked Mr. Edwards if he had anything to add.                                                                       
                                                                                                                                
3:56:55 PM                                                                                                                    
JEFFREY  EDWARDS, Executive  Director,  Alaska  Board of  Parole,                                                               
said not at this time.                                                                                                          
                                                                                                                                
CHAIR   SHOWER  removed   his  objection.   Finding  no   further                                                               
objection, he announced that version M was adopted.                                                                             
                                                                                                                                
CHAIR SHOWER held SB 34 in committee.                                                                                           
                                                                                                                                
3:58:16 PM                                                                                                                    
There being  no further  business to  come before  the committee,                                                               
Chair  Shower   adjourned  the  Senate  State   Affairs  Standing                                                               
Committee meeting at 3:58 pm.                                                                                                   

Document Name Date/Time Subjects
SSTA OFFICIAL AGENDA .pdf SSTA 2/21/2019 3:30:00 PM
Agenda
SB 34 Transmittal Letter.pdf SSTA 2/21/2019 3:30:00 PM
SB 34
SB0034A.PDF SSTA 2/21/2019 3:30:00 PM
SB 34
SB 34 Highlights.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB 34 - Probation and Parole Sectional.pdf SSTA 2/21/2019 3:30:00 PM
SB 34
SB0034-1-2-012319-LAW-N.PDF SSTA 2/21/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB0034-2-2-012319-COR-Y.PDF SSTA 2/21/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
SB0034-3-2-012319-COR-Y.PDF SSTA 2/21/2019 3:30:00 PM
SSTA 2/26/2019 3:30:00 PM
SSTA 2/28/2019 3:30:00 PM
SB 34
Court System Fiscal Note.pdf SSTA 2/21/2019 3:30:00 PM
Court System FN
SB 33 Transmittal Letter.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SSTA 3/19/2019 3:30:00 PM
SB 33
SB0033A.PDF SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SB 33
SB 33 - Pretrial Highilghts.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SSTA 3/19/2019 3:30:00 PM
SB 33
SB 33 - Pretrial Sectional.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SSTA 3/19/2019 3:30:00 PM
SB 33
SB33-DOL-FN#1.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SB 33
SB33-DPS-FN#2.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SB 33
SB33-DOA-FN#3.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SB 33
SB33-DOA-FN#4.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SB 33
SB33-DOC-FN#5.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SB 33
SB33-DOC-FN#6.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SB 33
SB33-Court System-FN.pdf SSTA 2/21/2019 3:30:00 PM
SSTA 3/12/2019 3:30:00 PM
SSTA 3/14/2019 3:30:00 PM
SB 33
SB33&34-GOA Bills Matrix 1-30-19.pdf SSTA 2/21/2019 3:30:00 PM
M.pdf SSTA 2/21/2019 3:30:00 PM
proposed new working draft version m