04/20/2001 01:46 PM House FIN

HOUSE BILL NO. 52                                                                                                             
                                                                                                                                
     "An  Act relating  to the Interstate  Compact for  Adult                                                                   
     Offender   Supervision  and   the   State  Council   for                                                                   
     Interstate Adult Offender  Supervision; amending Rules 4                                                                   
     and 24, Alaska  Rules of Civil Procedure;  and providing                                                                   
     for an effective date."                                                                                                    
                                                                                                                                
CANDACE   BROWER,   LEGISLATIVE    LIAISON,   DEPARTMENT   OF                                                                   
CORRECTIONS  provided information  on HB  52. She noted  that                                                                   
the legislation  would repeal the current  Interstate Compact                                                                   
for  adult offender  supervision and  replace it  with a  new                                                                   
Compact. The old  compact was enacted nationally  in 1937 and                                                                   
in Alaska  in 1957.  The compact  governs the  state-to-state                                                                   
transfer and supervision of parolees  and probationers. It is                                                                   
a  reciprocal  agreement  to exchange  these  persons  across                                                                   
state  lines and  continue  needed supervision.  The  current                                                                   
compact is  old and outdated.  There are currently  2 million                                                                   
probationers  and  parolees  nationwide.  She noted  that  if                                                                   
Alaska  were one of  the first  states to  enact the  compact                                                                   
that it would have a voice in  decisions. The current compact                                                                   
is  not  much  more  than  a  gentleman's  agreement  between                                                                   
states. There  is no mechanism  for acquiring  or maintaining                                                                   
routine  data   or  structure  to  adopt  rules   to  enforce                                                                   
compliance,    or    adequately   consider    victims.    The                                                                   
restructuring provides  more oversight at state  and national                                                                   
levels and promotes communications  between states. Offenders                                                                   
that  cross  state   lines  are  overseen  by   thousands  of                                                                   
different  parole  and probation  officers  operating  within                                                                   
hundreds of different agencies.  This fragmented system makes                                                                   
it difficult  to account for  offenders. The compact  creates                                                                   
an effective  management system that addresses  public safety                                                                   
concerns  and  offender  accountability.  There have  been  a                                                                   
variety of entities  working on the legislation.  The compact                                                                   
would go into effect  when it has been enacted  by 35 states.                                                                   
The department  feels that it is  important to be one  of the                                                                   
first 35 states  to enact the legislation in order  to have a                                                                   
voice in the rule making process.                                                                                               
                                                                                                                                
Representative   John  Davies   spoke  in   support  of   the                                                                   
legislation   and  stressed   the   importance  of   Alaska's                                                                   
participation.                                                                                                                  
                                                                                                                                
Representative  Whitaker asked if  any states indicated  that                                                                   
they would  refuse involvement.  Ms. Brower pointed  out that                                                                   
many  of the  Western states  have  enacted the  legislation.                                                                   
Fees are based on population and  volume. Alaska exports more                                                                   
offenders than it imports.                                                                                                      
                                                                                                                                
Representative Hudson  asked if there is  anything comparable                                                                   
with  Canada. Ms.  Brower  stated that  there  is no  similar                                                                   
agreement with Canada.                                                                                                          
                                                                                                                                
In  response  to  a question  by  Representative  Croft,  Ms.                                                                   
Brower  observed  that  there  are 343  Alaskan  parolees  or                                                                   
probationers  being supervised outside  of Alaska.  There are                                                                   
220  parolees   or  probationers  from  other   states  being                                                                   
supervised in Alaska.                                                                                                           
                                                                                                                                
MICHAEL STARK, ASSISTANT ATTORNEY  GENERAL, DEPARTMENT OF LAW                                                                   
provided information on the legislation.  He pointed out that                                                                   
there  is no way  for the  state to  enforce rule  violations                                                                   
under  the current  compact.  The  new compact  will  provide                                                                   
enforcement  mechanisms. He  stressed the  need to prevent  a                                                                   
dumping of parolees  or probationers. The compact  is looking                                                                   
at the establishment  of a national registry  system to track                                                                   
all parolees or  probationers outside of their  states. There                                                                   
would  be an  annual report.  Alaska would  have recourse  to                                                                   
require other states to recall  parolees or probationers that                                                                   
are not authorized in Alaska.                                                                                                   
                                                                                                                                
Representative  John Davies  MOVED  to report  HB  52 out  of                                                                   
Committee with  the accompanying fiscal note.  There being NO                                                                   
OBJECTION, it was so ordered.                                                                                                   
                                                                                                                                
HB  52  was  REPORTED  out of  Committee  with  a  "do  pass"                                                                   
recommendation  and  with  two  previously  published  fiscal                                                                   
impact notes by the Department of Corrections (#1 and #2).