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.