Legislature(2015 - 2016)BUTROVICH 205
04/07/2015 09:00 AM Senate STATE AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB93 | |
| SB62 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 93 | TELECONFERENCED | |
| += | SB 62 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 93-PROBATION AND PAROLE: WORK, TRAVEL ACCOM.
9:03:08 AM
CHAIR STOLTZE announced the consideration of HB 93. [CSHB
93(STA) was before the committee.]
9:03:42 AM
REPRESENTATIVE CATHY TILTON, Alaska State Legislature, Juneau,
Alaska, explained that HB 93 is a piece of ongoing legislation
on the reforms on the criminal justice system. She specified
that the legislation tells the parole officer to look at the
employment of a probationer when considering making their
probation appointments. She noted that employment is one of the
major things that keeps probationers from recidivating. She
added that employment allows probationers to pay restitution to
their victims and back to the state.
REPRESENTATIVE TILTON said Chairman Stoltze asked her at the
previous meeting if parole was a qualified privilege or right.
She asserted that in no way does she believe parole is a right
and insisted that parole is a qualified privilege.
She noted that Senator Coghill had questioned the word
"diligent," which is used throughout the bill. She noted that
she had looked up the word "diligent" in Black's Law Dictionary
and it is defined as, "Careful and attentive, being persistent
in doing something industrious and assiduous carried out with
care and constant effort." She noted that "diligent" is used 29
times in statute. She said the word "active" is used 209 times
in statute, but the word is not defined in Black's Law
Dictionary. She surmised that "diligent" presumes "active," but
"active" does not presume "diligent."
9:06:29 AM
SENATOR WIELECHOWSKI joined the committee meeting.
REPRESENTATIVE TILTON noted that a question was asked in the
previous meeting regarding the use of the word "shall" when used
in context with requiring a parole officer to grant a travel
pass for a probationer. She revealed that Chairman Stoltze's
office received a legal memo from Legal Services; subject:
Granting of a Travel Pass, date: April 6, 2015. She summarized
that Legal Services was asked whether Section 1 of CSHB 93(STA)
on page 2, lines 12-14, could create a situation where the
probation officer may be compelled to grant a person on
probation a travel pass. She explained Legal Service's "brief
answer" as follows:
Only if the travel is not inconsistent with other
terms of probation set by the court, a probation
officer likely maintains the discretion to decline
travel in most circumstances, and can always seek the
court's guidance to resolve close questions.
CHAIR STOLTZE noted that there is a place for tribal entities in
the state's justice system, at least on a limited level. He
asked how a request is weighed when a village asks that an
individual not be allowed to return.
9:08:02 AM
COMMISSIONER RONALD TAYLOR, Alaska Department of Corrections,
Anchorage, Alaska, replied that the Department of Corrections
(DOC) currently weighs all of the factors by looking at the
conditions of probation and parole to decide if a person could
travel. He said HB 93 will allow the probation officer to give a
more careful look at ensuring that an individual's work is not
interfering with their duties to fulfill their requirements for
probation or parole. He said DOC's goal is to make sure that the
person is working, but in those cases where the community has
said, "We don't want them to come back to our community," that
certainly is going to be taken into account and restrictions
will be invoked. He added that the court or the parole boards
themselves will add restrictions as part of the travel
requirement where the individual will be refrained from going
into a community, unless their required treatment has been
completed.
CHAIR STOLTZE asked if DOC's relationship and procedures with a
probationer or parolee is formalized in manuals regarding the
discussion and negotiation with where an individual is from.
COMMISSIONER TAYLOR answered that the conditions themselves are
the formal thing that dictate DOC's authority on whether or not
a person will be allowed back into their community. He specified
that there are issues when a probation officer has to make a
judgement call and the decision has to be articulated. He noted
that a probationer or parolee can go to the court or parole
board and request that their case be reviewed.
CHAIR STOLTZE noted that a group in the Mat-Su Borough called
"Stop Valley Thieves" has a website with over 9,000 members. He
noted that the group is very active in the pursuit and
administration of justice. He added that the group has very
active leaders who are very well versed in Article 1, Section 24
on victim's rights. He asked Representative Tilton if she had
any interaction with the Stop Valley Thieves group on the issue
of probation and restorative justice.
9:10:57 AM
REPRESENTATIVE TILTON answered that she has had some discussion
with Ms. Wallner, the person that started the group, in regards
to HB 93.
She reiterated Chair Stoltze's question if parole and probation
was a qualified privilege or a right. She asserted that parole
and probation are a qualified privilege. She specified that
under conditions of probation that are warranted, the intent is
to keep probationers employed, have an individual go back into
society, and to pay restitution to maybe help victims heal.
CHAIR STOLTZE noted that Representative Tilton addressed,
"allowing restitution." He asked if restitution should be
required.
REPRESENTATIVE TILTON replied that "required" would be a better
word.
9:12:33 AM
At ease.
9:12:53 AM
CHAIR STOLTZE called the committee back to order.
9:13:05 AM
SENATOR HUGGINS moved to report CSHB 93(STA), from committee
with individual recommendations and attached fiscal note(s).
SENATOR WIELECHOWSKI stated that he wanted to put on the record
that the court may look someday for what the Legislature's
intent in passing the bill was and noted that his intent is that
he is relying on the Legal Service's opinion, dated April 6,
2015, where it says, "A probation officer likely maintains the
discretion to decline travel in most circumstances and can
always seek the court's guidance to resolve close questions." He
specified that his intent in passing HB 93 is that the
discretion remains with the probation officer and in close cases
there should be due discretion given to the probation officer in
determining whether or not he or she thinks the specified case
may not necessarily be a good idea to have the probationer
travel.
9:14:07 AM
CHAIR STOLTZE concurred with Senator Wielechowski that the
opinion from Legal Services becomes part of the legislative
record for the State Affairs Committee. He announced that seeing
no objection, CSHB 93(STA) moves from Senate State Affairs
Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB62 Letter DOR Tax Division on SB 62 Tax Language 3-11-15.pdf |
SSTA 4/7/2015 9:00:00 AM |
SB 62 |
| SB62 Consolidated Public Input as of 4-7-15.pdf |
SSTA 4/7/2015 9:00:00 AM |
SB 62 |
| Legal Services Memorandum on HB 93 prepared by {by}.pdf |
SSTA 4/7/2015 9:00:00 AM |
HB 93 |
| SB62 - Colorado Task Force Report on Implementation of Amendment 64.pdf |
SSTA 4/7/2015 9:00:00 AM |
SB 62 |
| SB62 Presentation to SSTA on 4-7-15.pdf |
SSTA 4/7/2015 9:00:00 AM |
SB 62 |
| SB62 DNR Division of Agriculture Memo on Agriculture & Marijuana 3-31-15.pdf |
SSTA 4/7/2015 9:00:00 AM |
SB 62 |