Legislature(1993 - 1994)

1994-07-15 House Journal

Full Journal pdf

1994-07-15                     House Journal                      Page 4522
HB 153                                                                       
The following letter dated June 29, 1994, was received:                        
                                                                               
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. II, sec. 15, of the Alaska Constitution, I         
have vetoed the following bill:                                                
                                                                               
CS FOR HOUSE BILL NO. 153 (JUD) am (efd fld S)                                
"An Act related to the awarding of special good time deductions               
for prisoners participating in the Point MacKenzie Rehabilitation              
Project."                                                                      
                                                                               

1994-07-15                     House Journal                      Page 4523
HB 153                                                                       
The Point MacKenzie Rehabilitation Project is a program established            
by the Department of Corrections in which assigned prisoners help              
restore farm buildings that the state owns and herd reindeer kept on           
those farms.                                                                   
                                                                               
This bill would have required the commissioner of corrections to award         
a prisoner who voluntarily participates in the Point MacKenzie                 
Rehabilitation Project with three days of special good time for each 30        
days successfully completed as a participant in the project.                   
                                                                               
All persons who are convicted of a crime and are sentenced to jail are         
eligible to receive an award of good time, which reduces time in jail,         
as long as they follow the disciplinary rules for prisoners.  However,         
this bill would give extra good time only to prisoners who participate         
in just one of the many rehabilitative programs offered by the                 
Department of Corrections.  It does not provide a fair opportunity for         
all prisoners to earn this extra good time (for example, women are             
currently not eligible to participate due to budget and staff constraints).    
Likewise, the bill does not make it more likely that the prisoners             
released early under this bill would present less of a danger to the           
public than would the general prison population.                               
                                                                               
Because this bill does not treat everyone equally under the law, it is         
likely the state would be exposed to a legal challenge based on the            
equal protection clause of the State and United States Constitutions.          
                                                                               
In addition, I am concerned that further reducing sentences of those           
convicted of crimes will erode the principle of "truth in sentencing"          
and is not in the best interests of public safety.  I think it is important    
that we maintain the public's confidence in the criminal justice system        
and I fear we would risk that confidence if criminals were further             
relieved of serving their sentence through enactment of this bill.             
                                                                               
Therefore, due to the lack of fairness and possible legal exposure to          
the state if the bill is enacted into law, I must veto it.                     
                                                                               
									Sincerely,                                                            
									/s/                                                                   
									Walter J. Hickel                                                      
									Governor"