SB 34-PROBATION; PAROLE; SENTENCES; CREDITS  4:07:25 PM CHAIR SHOWER reconvened the meeting and announced the consideration of SENATE BILL 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 noted that the CS for SB 34, version M, was the working document. He noted who was available to answer questions, and that there were amendments for the committee to consider. 4:08:00 PM SENATOR COGHILL moved Amendment 1, work order 31- GS1031\M.5. 31-GS1031\M.5 Radford 2/27/19 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR SHOWER TO: CSSB 34(STA), Draft Version "M" Page 4, lines 23 - 31: Delete "[KEEP RECORDS OF THE PROBATION WORK, INCLUDING ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION OFFICER IMPOSES UNDER AS 33.05.020(g), KEEP ACCURATE AND COMPLETE ACCOUNTS OF ALL MONEY COLLECTED FROM PERSONS UNDER THE SUPERVISION OF THE OFFICER, GIVE RECEIPTS FOR MONEY COLLECTED AND MAKE AT LEAST MONTHLY RETURNS OF IT, MAKE THE REPORTS TO THE COURT AND THE COMMISSIONER REQUIRED BY THEM, AND PERFORM OTHER DUTIES THE COURT MAY DIRECT; (5)]" Insert "keep records of the probation work [, INCLUDING ADMINISTRATIVE SANCTIONS AND INCENTIVES THE PROBATION OFFICER IMPOSES UNDER AS 33.05.020(g)], keep accurate and complete accounts of all money collected from persons under the supervision of the officer, give receipts for money collected and make at least monthly returns of it, make the reports to the court and the commissioner required by them, and perform other duties the court may direct; (5)" Page 5, line 2: Delete "(5) [(6) USE" Insert "(6) [USE" Page 5, line 13: Delete "(6)" Insert "(7)" Page 5, line 17: Delete "(7)" Insert "(8)" Page 5, line 20: Delete "(8)" Insert "(9)" Page 5, lines 24 - 29: Delete all material. Renumber the following bill sections accordingly. Page 14, lines 16 - 17: Delete "; and (5) AS 33.05.040(b), as amended by sec. 7 of this Act" Page 14, line 20: Delete "sec. 8" Insert "sec. 7" Page 14, line 21: Delete "sec. 9" Insert "sec. 8" Page 14, line 22: Delete "sec. 10" Insert "sec. 9" Page 14, line 23: Delete "sec. 12" Insert "sec. 11" Page 14, line 24: Delete "sec. 13" Insert "sec. 12" Page 14, line 25: Delete "sec. 14" Insert "sec. 13" Page 14, line 26: Delete "sec. 15" Insert "sec. 14" Page 14, line 27: Delete "sec. 16" Insert "sec. 15" Page 14, line 28: Delete "sec. 17" Insert "sec. 16" Page 14, line 29: Delete "sec. 18" Insert "sec. 17" Page 14, line 30: Delete "sec. 19" Insert "sec. 18" Page 14, line 31: Delete "sec. 20" Insert "sec. 19" Page 15, line 1: Delete "sec. 11" Insert "sec. 10" Page 15, line 2: Delete "sec. 11" Insert "sec. 10" SENATOR MICCICHE objected for discussion purposes. 4:08:25 PM SCOTT OGAN, Senior Policy Advisor, Senator Mike Shower, Alaska State Legislature, explained that Amendment 1 restores bookkeeping functions that were unintentionally omitted from the CS, and it eliminates administrative sanctions. The rest of the amendment reflects conforming changes. 4:09:04 PM SENATOR MICCICHE removed his objection. CHAIR SHOWER asked if there were further objections. SENATOR COGHILL objected to state that he does object to eliminating administrative sanctions and will speak to that later. Because he supports the reporting mechanism, he won't object to the amendment. He removed his objection. CHAIR SHOWER found no further objection and Amendment 1 passed. 4:10:07 PM SENATOR COGHILL moved Amendment 2, work order 31-GS1031\M.4. 4:12:03 PM At ease 4:12:45 PM CHAIR SHOWER reconvened the meeting and asked Senator Coghill to restate the motion. 4:12:52 PM SENATOR COGHILL restated the motion to adopt Amendment 2, 31-GS1031\M.4. 31-GS1031\M.4 Radford 2/27/19 AMENDMENT 2 OFFERED IN THE SENATE BY SENATOR SHOWER TO: CSSB 34(STA), Draft Version "M" Page 2, line 22, following "imprisoned": Insert "until the order of the court is  satisfied" SENATOR MICCICHE objected for discussion purposes. MR. OGAN explained that this technical amendment adds the phrase that the order of the court must be satisfied, which the drafter overlooked. CHAIR SHOWER clarified that Legislative Legal Services requested this addition. MR. OGAN agreed adding that the amendment does not make a substantive change. SENATOR COGHILL clarified for the public that this addition appears on page 2, line 22, of version M. SENATOR MICCICHE removed his objection. CHAIR SHOWER found no further objection and stated that Amendment 2 has passed. 4:14:13 PM SENATOR COGHILL moved Amendment 3, work order 31-GS1031\M.6. 31-GS1031\M.6 Radford 2/27/19 AMENDMENT 3 OFFERED IN THE SENATE BY SENATOR SHOWER TO: CSSB 34(STA), Draft Version "M" Page 3, line 19, following "shall": Insert ", in consultation with the Department of  Law and the Department of Public Safety," SENATOR MICCICHE objected for discussion purposes. 4:14:52 PM MR. OGAN explained that in Section 4, the commissioner establishes by regulation a program allowing probationers to earn credits for complying with the conditions of probation. The amendment adds the requirement that the regulations are established in consultation with the Department of Public Safety (DPS). This provides another set of eyes for the review. He said the consultation, which could be minimal, is intended to keep political appointees accountable. CHAIR SHOWER added that the intent is to ensure coordination among agencies that enforce the criminal justice system and to provide checks and balances. In this particular case, there will be coordination between the commissioner, DOL, and DPS. SENATOR COGHILL suggested the committee ask the Department of Law and the Department of Public Safety (DPS) what they think that consultation would look like. 4:17:03 PM JOHN SKIDMORE, Director, Criminal Division, Department of Law, advised that a requirement for consultation does not alter the ultimate authority for the Department of Corrections to develop the program. He said the requirement leaves flexibility as to what that consultation will look like, but it does place into law that it will occur. He added that it has not been his experience, but this prevents a situation in which the DOC develops the policy without talking to anyone else. SENATOR COGHILL asked if the Department of Law was already working with the Department of Corrections on the development of regulations. MR. SKIDMORE said the Department of Law drafts all the regulations that are developed by departments, but that consultation is about format rather than substance. He related his experience that agencies involved in the criminal justice system frequently consult with the Department of Law about substance when they're developing regulations. This amendment requires consultation on substance to occur. CHAIR SHOWER asked Ms. Howell to respond to Senator Coghill's question. 4:19:46 PM KELLY HOWELL, Special Assistant to the Commissioner, Department of Public Safety (DPS), said DPS would work in collaboration with the Department of Corrections as the amendment requires. She agreed with Mr. Skidmore that the amendment provides flexibility for the consultation to occur through whatever method is most appropriate. SENATOR COGHILL asked if DPS would have substantive input on not only the regulations but also the calculation of time on probation and recommendations to the court. MS. HOWELL said she couldn't speak for the commissioner as to how the collaboration would occur, but she believes that the commissioner of public safety would want to provide input on proposed changes. She added that the Department of Law, DOC, and DPS already work closely in these areas and this places the requirement in statute. SENATOR COGHILL removed his objection. SENATOR MICCICHE removed his objection to Amendment 3. CHAIR SHOWER found no further objection and stated that Amendment 3 has passed. 4:22:41 PM SENATOR COGHILL moved Amendment 4, work order 31-GS1031\M.13. [Note: This amendment, which was drafted by Legislative Legal, has paragraphs (1), (2), (3), and (4) inserted under subsection (i). The copy that committee members considered did not include paragraphs (3) and (4).] 31-GS1031\M.13 Radford 2/28/19 AMENDMENT 4 OFFERED IN THE SENATE BY SENATOR SHOWER TO: CSSB 34(STA), Draft Version "M" Page 4, lines 7 - 8: Delete all material and insert: "(i) A probationer may not be enrolled in the program established under (h) of this section if the probationer (1) is incarcerated for a sex offense as defined in AS 12.63.100; (2) is incarcerated for a crime against a person under AS 11.41; (3) has three prior convictions arising from separate criminal episodes; or (4) has reoffended while on probation in the past." SENATOR MICCICHE objected for discussion purposes. SENATOR REINBOLD called a point of order to asked if this was Amendment 4 or an amendment to Amendment 4. CHAIR SHOWER clarified that it was Amendment 4; the amendment to Amendment 4 would be introduced subsequently. 4:23:28 PM At ease 4:24:14 PM CHAIR SHOWER reconvened the meeting and asked Mr. Ogan to explain Amendment 4. 4:24:25 PM MR. OGAN explained that Amendment 4 fixes a drafting error. The intent is to make probationers convicted of a sex offense or a crime against a person ineligible for the earned credits program. He asked if the chair wanted an explanation of the amendment to the amendment at this time. CHAIR SHOWER deferred to more experienced committee members. 4:25:26 PM SENATOR COGHILL advised that the proper process would be to adopt Amendment 4 and then consider the amendment to Amendment 4. 4:25:37 PM SENATOR MICCICHE removed his objection to Amendment 4. SENATOR COGHILL moved the amendment to Amendment 4 that reads as follows: Amendment to Amendment 4 BY SENATOR SHOWER CSSB 34(STA) Draft Version "M" Line 4 after "this section if the probationer" add: or  parolee Line 5 after (1) is, add: on probation or parole for a sex offense as defined in AS 12.63.100 Line 6 after (2) is, add: on probation or parole for a felony or DV crime against a person as defined in AS 11.41  4:26:31 PM SENATOR MICCICHE objected for discussion purposes. 4:26:44 PM MR. OGAN explained that the amendment to Amendment 4 adds parolees who have been convicted of either a sex offense or a felony or domestic violence crime against a person to the pool of people who are ineligible for the earned credit program. CHAIR SHOWER added that AS 33.05.020(h) talks about the commissioner establishing a program by regulation that allows probationers to earn credits for complying with the conditions of probation. The intent of the amendment is to exclude from the credit program those probationers and parolees who have been convicted of the more serious offenses against a person, including domestic violence. 4:28:56 PM SENATOR COGHILL highlighted that later on in subsection (h), on page 4, line 2 of the bill, it says a probationer convicted of a crime involving domestic violence as defined in AS 18.66.990, is required to complete all treatment programs [required as a condition probations before discharge based on credits earned under subsection (h).] He suggested that the proposed amendment might conflict with the bill. CHAIR SHOWER noted that after working with legislative legal the decision was to insert the amendment in this location. He asked Mr. Ogan if he wanted to expound. MR. OGAN deferred to the Department of Law. 4:30:04 PM MR. SKIDMORE said he would recommend two things. First, AS 33.05.020(h) talks about the commissioner establishing by regulation a program for probationers, not parolees. Therefore, anything that is done to this statute has to talk about the program for probationers. A separate statute establishes a program for parolees. If the intent is to have the policy apply to both probationers and parolees, anything that is done in the probation statute needs to be replicated in the parole statute. Second, Amendment 4, 31-GS1031\M.13, should be amended by replacing the term "incarcerated" on lines 5 and 6 of the amendment with "on probation" [because someone on probation is no longer incarcerated.] Returning to the first point, he advised that the statute for parolees is AS 33.16.270. He noted that the bill also amends that statute, starting in Section 18 on page 11 of the CS. He said this is where any information about how to restrict who can be in the earned compliance credit program under the parolee scenario. He suggested that the likely location for the change would be on page 12 in paragraph (3). The language would be similar to the probationer language he suggested but would refer to a parolee. "If there were different policy objectives than that, then I would need more time to sort out how you would want to address that," he said. CHAIR SHOWER observed that that explains the policy objective, but the amendment [doesn't achieve that objective.] SENATOR COGHILL suggested the committee rescind its action to adopt Amendment 4 and start over. 4:36:13 PM MR. OGAN said legislative legal suggested articulating the policy call for the record and giving them express authority to work the appropriate amendment into the bill. 4:36:56 PM SENATOR MICCICHE moved to rescind the committee's action on Amendment 4. CHAIR SHOWER found no objection and the action to adopt Amendment 4 was rescinded. 4:38:30 PM CHAIR SHOWER withdrew proposed Amendment 5, work order 31- GS1031\M.8, from consideration. 4:39:11 PM SENATOR COGHILL moved Amendment 6, work order 31-GS1031\M.2. 31-GS1031\M.2 Radford 2/27/19 AMENDMENT 6 OFFERED IN THE SENATE BY SENATOR COGHILL TO: CSSB 34(STA), Draft Version "M" Page 2, line 28, through page 3, line 17: Delete all material. Renumber the following bill sections accordingly. Page 14, line 13: Delete all material. Renumber the following paragraphs accordingly. Page 14, line 14: Delete "sec. 4" Insert "sec. 3" Page 14, line 15: Delete "sec. 5" Insert "sec. 4" Page 14, line 16: Delete "sec. 6" Insert "sec. 5" Page 14, line 17: Delete "sec. 7" Insert "sec. 6" Page 14, line 20: Delete "sec. 8" Insert "sec. 7" Page 14, line 21: Delete "sec. 9" Insert "sec. 8" Page 14, line 22: Delete "sec. 10" Insert "sec. 9" Page 14, line 23: Delete "sec. 12" Insert "sec. 11" Page 14, line 24: Delete "sec. 13" Insert "sec. 12" Page 14, line 25: Delete "sec. 14" Insert "sec. 13" Page 14, line 26: Delete "sec. 15" Insert "sec. 14" Page 14, line 27: Delete "sec. 16" Insert "sec. 15" Page 14, line 28: Delete "sec. 17" Insert "sec. 16" Page 14, line 29: Delete "sec. 18" Insert "sec. 17" Page 14, line 30: Delete "sec. 19" Insert "sec. 18" Page 14, line 31: Delete "sec. 20" Insert "sec. 19" Page 15, line 1: Delete "sec. 11" Insert "sec. 10" Page 15, line 2: Delete "sec. 11" Insert "sec. 10" SENATOR MICCICHE objected for discussion purposes. SENATOR COGHILL explained that the amendment deletes all material in bill Section 3, which amends AS 12.55.090(g) regarding probation. This section makes it permissive rather than directive for a probation officer to recommend that probation be terminated, and the person discharged from probation under certain conditions. And it removes the conditions of having served two years on probation under certain circumstances and having served 18 months on probation if the conviction was for a crime that is not a crime under a certain definition. SENATOR COGHILL said his intent is to have the probationer's application go before the board for consideration based on certain requirements. He said he feels very strongly about this, but he wasn't sure if this particular amendment was the correct approach. He said he intended to withdraw the amendment but wanted to make his wishes known in the hope that members who have the opportunity to touch the bill two more times will continue to work with him. 4:41:19 PM SENATOR COGHILL withdrew Amendment 6, work order 31-GS1031\M.2. He said he was withdrawing it "with the idea that I think the requirement demands that the bureaucracy work and the 'may' says you may work, and it leaves our probation world under two different people that I struggle with bureaucratically. Not personally, not integrity wise, just bureaucratically and that is the people who handle the probation request at the jail and those who handle it at the board." 4:42:03 PM SENATOR REINBOLD called a point of order to say that Amendment 7 replaces the term "shall" with "may." SENATOR COGHILL pointed out that Amendment 6 addresses the change from "shall" to "may" on page 2, line 29. It's a return to the language [pre-2016]. SENATOR REINBOLD noted that Amendment 7 changes the term "shall" to "may" [in regard to parole officer recommendations to the board]. SENATOR COGHILL continued to say that the data from the probation and parole office indicates that the people who have been eligible for probation and parole under these conditions have been successful and are not reoffending. He reiterated that he was withdrawing Amendment 6 and would like members to keep this in mind as they look at and work on different iterations of the bill. CHAIR SHOWER stated that Amendment 6, work order 31-GS1031\M.2, is withdrawn. 4:44:06 PM SENATOR COGHILL moved Amendment 7, work order 31-GS1031\M.3. 31-GS1031\M.3 Radford 2/26/19 AMENDMENT 7 OFFERED IN THE SENATE BY SENATOR COGHILL TO: CSSB 34(STA), Draft Version "M" Page 10, line 16: Delete "may [SHALL]" Insert "shall" SENATOR MICCICHE objected for discussion purposes. SENATOR COGHILL explained that Amendment 7 is basically the same as Amendment 6, but it relates to a parole officer recommending to the board early discharge for a parolee who has met certain conditions. The board is not obligated to discharge the parolee, but it must consider the application. 4:45:38 PM SENATOR COGHILL withdrew Amendment 7, work order 31-GS1031\M.3, and asked members to watch this as the bill moves forward. 4:46:01 PM SENATOR MICCICHE moved Amendment 8, work order 31-GS1031\M.11. 31-GS1031\M.11 Radford 2/28/19 AMENDMENT 8 OFFERED IN THE SENATE BY SENATOR MICCICHE TO: CSSB 34(STA), Draft Version "M" Page 7, line 19: Delete "one-third" Insert "one-half [ONE-THIRD]" Page 8, line 25, following "(5)": Insert "or (8)" Page 9, line 2, following "(5)": Insert "or (8)" Page 9, lines 5 - 12: Delete "[; (8) TO A SINGLE SENTENCE UNDER AS 12.55.125(i)(3) AND (4), AND HAS NOT BEEN ALLOWED BY THE THREE-JUDGE PANEL UNDER AS 12.55.175 TO BE CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, MAY NOT BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE PRISONER HAS SERVED, AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER AS 33.20.010, ONE-HALF OF THE ACTIVE TERM OF IMPRISONMENT IMPOSED]" Insert "; (8) to a single sentence under  AS 12.55.125(d) for an offense under  AS 11.71.030(a)(1) or (2) [AS 12.55.125(i)(3) AND (4)], and has not been allowed by the three-judge panel under AS 12.55.175 to be considered for discretionary parole release, may not be released on discretionary parole until the prisoner has served [, AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER AS 33.20.010,] one-half of the active term of imprisonment imposed" SENATOR REINBOLD objected for discussion purposes. SENATOR MICCICHE explained that Amendment 8 changes the mandatory minimum term a prisoner must serve to be eligible for discretionary parole. For class B drug trafficking, a prisoner would be eligible for discretionary parole after serving one- half of their sentence rather than one-quarter and for an unclassified drug offense the change is from one-third of their sentence to one-half of their sentence. He said he feels that the state is under a siege of drug-related issues and violent crimes now, and the data shows that in years past when crime has been high these are the crimes that contribute to other lower- level crimes. The message, he said, is that Alaska is not a preferred market for drug trafficking. 4:47:34 PM SENATOR REINBOLD removed her objection. 4:47:44 PM SENATOR COGHILL objected to hear the Department of Law discuss how this new concept might work. 4:48:08 PM MR. SKIDMORE said this isn't his area of expertise and he would suggest the committee ask Mr. Edwards from the Board of Parole to explain. Responding to the chair, he said Senator Micciche did a good job of describing the amendment to Section 10 that proposes to change AS 33.16.090(b)(1). It talks about a prisoner who is eligible under (a)(1) of this section who is sentenced under the sentencing statute for unclassified felony offenses, AS 12.55.125(a) and (b), is not eligible for discretionary parole until they have served the mandatory minimum under this statute and then one-third of the active term of imprisonment imposed. Amendment 8 proposes to change the term that must be served from one-third to one-half. He said he believes that refers to the active time remaining. He requested that Mr. Edwards confirm that interpretation. 4:50:27 PM JEFFREY EDWARDS, Director, State Parole Board, Anchorage, said Mr. Skidmore and Senator Micciche did a good job of explaining Amendment 8. The inmate serving the sentence would not be eligible to apply for early release until they had served a certain term of the active term of imprisonment imposed. Currently that is one-third of the active term and the amendment changes that to one-half. The prisoner would have to serve half their sentence or the mandatory minimum, whichever is greater before they could apply to the parole board for release on discretionary parole. SENATOR COGHILL said he understands the policy call and he believes the fiscal note will change. He asked Mr. Skidmore if mandatory minimums are considered when a prosecutor considers a plea deal. MR. SKIDMORE confirmed that a prosecutor who was considering a negotiated resolution could look at mandatory minimums to understand when somebody would be eligible for parole, but he didn't think it happens very often. He admitted that in 20 years as a prosecutor, he only focused on the ultimate sentence when he was trying to determine how to make an offer in the case. He never looked at when the person was eligible for parole. SENATOR COGHILL said he brought it up because early release has become a point of discussion. 4:53:26 PM SENATOR MICCICHE reminded the committee that SB 34 removes several categories of crimes from eligibility for discretionary parole. The amendment deals with relatively serious crimes and it increases the minimum time served before a prisoner is eligible, but they are not removed from the list. He said drug trafficking destroys the lives of many Alaskans every year and this is just saying they must serve half their sentence before they're eligible to apply for discretionary parole. He described it as a reasonable approach. 4:54:17 PM MR. OGAN suggested the committee ask Mr. Skidmore how this would affect a suspended sentence. MR. SKIDMORE explained that the time a court imposes as an active term of imprisonment is what impacts when somebody is eligible for discretionary parole. The suspended time is not calculated for parole; it serves as the potential sanction that could be imposed when a person on probation violates their conditions of release. He continued to say that he talked about the first part of the amendment that deals with unclassified felonies. The second half of the amendment talks about when someone convicted of a class B felony for a drug offense would be eligible for discretionary parole. That is on page 1, line 21-23 through page 2, line 3 of Amendment 8, 31-GS1031\M.11. He suggested the committee watch other bills that have been proposed that may changes AS 12.55.125(d) and AS 11.71.030(a)(1) or (2) to ensure that the intent of the amendment is preserved. He summarized his understanding of the intent which is to limit discretionary parole for those people that are convicted of a class B felony for a drug offense. He noted that SB 34 already limits discretionary parole for a class A felony. Amendment 8 deals with unclassified felonies, class A felonies are already covered, and this goes to class B felonies for drug distribution. The clear idea is to limit their eligibility for discretionary parole until after they have served half the time. CHAIR SHOWER said that's a salient point. 4:57:47 PM SENATOR REINBOLD removed her objection. CHAIR SHOWER asked Senator Coghill if he wanted to remove his objection. SENATOR COGHILL said he didn't mind requiring people to spend the extra time in jail, but he was not interested in making them better criminals. He said he'd remove his objection and probably vote no on the bill. 4:59:00 PM CHAIR SHOWER stated that Amendment 8 has passed. He said that is the last amendment and the bill is before the committee for discussion. SENATOR COGHILL pointed out the bill deletes all the administrative sanctions as well as limiting discretionary parole. He said he agrees with earlier comments that the sanctions were not as swift and certain as everyone hoped, but he continues to believe there is room to improve that. He directed attention to page 34 of the 2018 Criminal Justice Reform Report. He read the following into the record: Sanctions and incentives. Parole and probation officers now use a system of administrative sanctions and incentives to facilitate prompt and effective responses to compliance with or violations of conditions of supervision. The administrative sanctions are used before filing a petition with the court or the parole board to revoke probation or parole. [The sanctions are designed to be swift, certain, and proportionate to the transgression; this is an evidence-based practice that studies show is more effective in encouraging course correction.] SENATOR COGHILL explained that the idea with the probation and parole reform in 2016 was trying to make sure supervision was on those who needed it and incentives were given for those who were successful and didn't reoffend. This report indicates that is happening; probationers and parolees are held accountable and are able to earn compliance credits. Because the bill deletes a lot of that, he said he probably could not support the bill. 5:01:27 PM CHAIR SHOWER said he was looking at that but decided to look at it in the judiciary committee. SENATOR COGHILL said he appreciates that, but this is his only chance to work on the bill. SENATOR REINBOLD thanked the chair for working hard and diligently on the bill with all the committee members and the public. She described the amendments as excellent and said she was pleased to support the bill. CHAIR SHOWER asked Senator Micciche to read the fiscal notes. 5:02:31 PM SENATOR MICCICHE warned that the fiscal notes may change as a result of the amendments that passed today. Fiscal Note Number 1 from the Criminal Division of the Department of Law is zero. The allocation is Criminal Justice Litigation and the OMB Component Number is 2202. It says the Department of Law anticipates an increase in litigation similar to what it saw with the passage of the initial criminal justice reform. However, the department does not anticipate any fiscal impact from the bill. Fiscal Note Number 2 from the Department of Corrections, Population Management, Institution Director's Office, OMB Component Number 1381 is indeterminant. The reasoning is that offenders will be incarcerated longer. If the additional inmates do not exceed capacity, there is no cost to the department. If the increase exceeds capacity the cost is $168.74 per day per inmate. The department does not have adequate data to determine the exact number, thus the note is indeterminate. Fiscal Note Number 3 from the Department of Corrections, Population Management, Probation and Parole Director's Office, OMB Component Number 2684 has an FY20 operating cost of $57,600. In FY21 it increases to $86,400 and from FY22 to FY25 it is $172,800 per year in general fund dollars. Section [4] says that with fewer terminations, offenders will spend longer on probation at a cost of $9.57 per day per probationer. Section 6 reduces the earned compliance credits for probation to one-third the prior amount. Section 7 adds the stipulation that probationers who violate conditions of probation forfeit any credits earned which extends the period of probation. Section 16 changes the tolling calculation to what it was prior to the current law. There is insufficient data to determine that cost. Section 18 stipulates that a parolee who violates their conditions of parole forfeits any credits earned which extends the period of parole at a cost of $9.57 per day. Section 20 repeals mandatory early termination of probation which will probably result in some probationers spending more time on probation at a cost of $9.57 per day. Fiscal Note Number 4 from the Alaska Court System is zero. The Allocation is Trial Courts, and the OMB Component Number is 768. It says the changes in the bill will not have a fiscal impact on the Court System. 5:06:04 PM CHAIR SHOWER noted that legislative legal would need to make conforming changes. He stated his intent to move the bill and solicited a motion. 5:06:15 PM SENATOR COGHILL moved to report CSSB 34(STA), 31-GS1031\M, as amended, from committee with individual recommendations and attached fiscal note(s). CHAIR SHOWER found no objection and CSSB 34(STA) [amended version M] was reported from the Senate State Affairs Standing Committee.