04/30/2003 03:15 PM House FIN

HOUSE BILL NO. 229                                                                                                            
                                                                                                                                
     An Act relating to special medical parole and to                                                                           
     prisoners who are severely medically and cognitively                                                                       
     disabled.                                                                                                                  
                                                                                                                                
Co-Chair  Harris MOVED  to RESCIND previous  action taken  on                                                                   
failing  to pass HB  299 out  of Committee.   There  being NO                                                                   
OBJECTION, action was rescinded.                                                                                                
                                                                                                                                
Co-Chair  Harris  MOVED  to ADOPT  work  draft  #23-LS0885\Q,                                                                   
Luckhaupt,  4/17/03, as the  version of  the bill before  the                                                                   
Committee.  There being NO OBJECTION, it was adopted.                                                                           
                                                                                                                                
Co-Chair Williams  advised that  during past hearings  on the                                                                   
bill, there had been questions regarding the fiscal notes.                                                                      
                                                                                                                                
PORTIA   PARKER,    DEPUTY   COMMISSIONER,    DEPARTMENT   OF                                                                   
CORRECTIONS, referenced the Department  of Corrections fiscal                                                                   
notes dated  4/28/03.   She stated  that Page  2 of  the note                                                                   
describes  key   assumptions  and  indicates   the  projected                                                                   
savings.    The  original  note was  based  on  the  previous                                                                   
Administration's fiscal analysis.   That note was adjusted in                                                                   
collaboration  with  the  current medical  director  and  the                                                                   
actual billings were  analyzed.  She added that  the note was                                                                   
based on many things out of the Department's control.                                                                           
                                                                                                                                
*Representative Hawker  noted his appreciation  on the fiscal                                                                   
documentation.     Representative  Croft  echoed   sentiments                                                                   
voiced by  Representative Hawker  and information  indicating                                                                   
justification for the $500,000 dollars.                                                                                         
                                                                                                                                
Representative  Stoltze  MOVED to  adopt  Amendment #3,  #23-                                                                   
LS0885\I.1, Luckhaupt, 4/26/03.  (Copy on File).                                                                                
                                                                                                                                
Co-Chair Williams OBJECTED.                                                                                                     
                                                                                                                                
Representative  Stoltze explained  that  the amendment  would                                                                   
remove anyone eligible for early  medical parole convicted of                                                                   
a felony and sexual assault.                                                                                                    
                                                                                                                                
Co-Chair  Harris  clarified  that  the intent  was  never  to                                                                   
release  any prisoner  that had  been convicted  of a  sexual                                                                   
assault.     Representative   Stoltze   replied  that   those                                                                   
prisoners  would not be  released under  the special  medical                                                                   
parole provision.                                                                                                               
                                                                                                                                
Representative  Joule asked if  that type  of crime  had been                                                                   
considered in the  original bill.  Ms. Parker  explained that                                                                   
it  is the  same language  as in  statute and  would add  the                                                                   
prohibition back  in.  Sexual assault offenders  had not been                                                                   
considered because it was not considered in statute.                                                                            
                                                                                                                                
Representative  Stoltze commented  that  the amendment  would                                                                   
"soften the  blow" of the bill.   He mentioned the  amount of                                                                   
recidivism  in  child  molestation.     It  would  allow  the                                                                   
Department's  discretion in  exempting that  class of  crime.                                                                   
He urged that the Committee consider the concern.                                                                               
                                                                                                                                
Vice-Chair  Meyer  noted that  he  was  a co-sponsor  of  the                                                                   
amendment.    He  voiced  his  fear  that  someone  could  be                                                                   
released  and  could send  harassing  email messages  to  the                                                                   
victim  and family.   He  questioned how  the language  would                                                                   
affect  the  fiscal  note.   Ms.  Parker  did  not  know  the                                                                   
specific offenses  of the 27  being considered.   She pointed                                                                   
out that the current prison population  is 16% sex offenders.                                                                   
She  reiterated that  she did  not know  the average  overall                                                                   
population that was  sex offenders and how that  would affect                                                                   
the percentage available for medical parole.                                                                                    
                                                                                                                                
Ms. Parker stated that it would not impact the fiscal note.                                                                     
                                                                                                                                
Ms.  Parker made  a  correction,  noting that  the  amendment                                                                   
would  expand to  all sexual  assaults.   In  statute, it  is                                                                   
listed  in  AS  11.41.434  -   438  and  would  broaden  that                                                                   
language.                                                                                                                       
                                                                                                                                
Co-Chair Harris voiced his support for the amendment.                                                                           
                                                                                                                                
Representative Hawker  asked is the language  expansion would                                                                   
be difficult for  the Department.  Ms. Parker  responded that                                                                   
they did not have a problem with that language.                                                                                 
                                                                                                                                
There being NO further OBJECTION,  the amendment was adopted.                                                                   
                                                                                                                                
Representative Foster MOVED to  report CS HB 229 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  229 (FIN)  was reported  out of  Committee with  a "do                                                                   
pass"  recommendation  and  with  new  fiscal  notes  by  the                                                                   
Department  of  Corrections  and  two by  the  Department  of                                                                   
Health & Social Services.