03/18/1999 09:02 AM Senate FIN

                                                                                                                                
CS FOR SENATE BILL NO. 11(JUD)                                                                                                  
"An Act relating to good time credits for prisoners                                                                             
serving sentences of imprisonment for certain                                                                                   
murders."                                                                                                                       
                                                                                                                                
                                                                                                                                
Senator Dave Donley spoke to the bill he sponsored.  He                                                                         
told the committee that Alaska had possibly the most                                                                            
liberal good-time laws in the nation as it allowed                                                                              
reduction of sentences by one-third for good-time.  The                                                                         
federal standard recommended to all states was that 85-                                                                         
percent of sentences be served. In Alaska, good time                                                                            
reduced that to 66-percent. At least 29 states had adopted                                                                      
the federal standard.                                                                                                           
                                                                                                                                
SB 11 would implement the federal standards in an indirect                                                                      
way, for those serving time for first- and second-degree                                                                        
murder for Alaska.  It would say that good time for those                                                                       
who had committed first- and second-degree murder would be                                                                      
only one-half of what it would be for any other type of                                                                         
crime in Alaska. It was still slightly below the federal                                                                        
standards, but was close and would only apply to those                                                                          
serving time for first- and second-degree murder. He noted                                                                      
a great moral and ethical gap between the crimes of first-                                                                      
and second-degree murder and other crimes and they should                                                                       
be dealt with differently.                                                                                                      
                                                                                                                                
The reason there were no fiscal notes was because the                                                                           
prisoners were already serving lengthy sentences and costs                                                                      
would be incurred beyond the five-year projection of the                                                                        
fiscal notes.                                                                                                                   
                                                                                                                                
He continued saying the idea only partially came from the                                                                       
desire to comply with the national standard. He spoke about                                                                     
attending a ceremony honoring victims of violent crimes and                                                                     
hearing from family members with concerns that many of the                                                                      
perpetrators were already being released from prison under                                                                      
the good-time rules.                                                                                                            
                                                                                                                                
Senator Al Adams appreciated the cause of the bill with the                                                                     
victim's families.  However, he was concerned with the                                                                          
fiscal impact and the potential for lawsuits from prisoners                                                                     
challenging the removal of their rights. He detailed the                                                                        
amount of additional time of incarceration for these                                                                            
offenders.                                                                                                                      
                                                                                                                                
Senator Dave Donley said Senator Al Adams was correct in                                                                        
that there would be a fiscal impact in the future but                                                                           
countered that 30 other states had similar statutes and he                                                                      
felt the bill was important.  He noted the seriousness of                                                                       
first- and second-degree murder. He spoke to the                                                                                
possibility of only applying the provision to those serving                                                                     
the shorter, second-degree murder sentences. The greatest                                                                       
benefit would occur for those with the shorter sentences,                                                                       
since those inmates would have to serve 83.5-percent of                                                                         
their sentences. However, he believed it would be                                                                               
inconsistent and suspect if it only applied to those                                                                            
convicted of second-degree murder.                                                                                              
                                                                                                                                
Senator Randy Phillips commented that if the budget were in                                                                     
a better position, the fiscal argument would not even come                                                                      
up.                                                                                                                             
                                                                                                                                
Senator Sean Parnell felt Senator Dave Donley expressed the                                                                     
distinction of these very serious crimes. He agreed the                                                                         
legislation would serve public policies of deterrence and                                                                       
community justice and restoration. Both related to the                                                                          
victims and the offenders. There was a multitude of public                                                                      
policies that were reflected in this legislation as it                                                                          
related to these very serious crimes.                                                                                           
                                                                                                                                
Senator Al Adams believed the fiscal notes should reflect                                                                       
the costs and that the Legislature would have to also fund                                                                      
programs such as the public defender's office that would be                                                                     
impacted.                                                                                                                       
                                                                                                                                
MARGO KNUTH, Assistant Attorney General, Department of Law                                                                      
working for the Department of Corrections, testified that                                                                       
this was an expensive proposition.  She said if this law                                                                        
had been in effect in the last 12 months, the cost in the                                                                       
last year would be over $1 million.  If the law had been in                                                                     
effect since statehood, the cost would be $50 million to                                                                        
date.                                                                                                                           
                                                                                                                                
She said another consideration was the high cost of                                                                             
geriatrics in the prison system. Those costs were not                                                                           
included in her figures above.  If the time were extended,                                                                      
the state would be responsible for the cost of care for                                                                         
people in their fifties and sixties.  The national average                                                                      
cost of prison for each inmate was $23,000 a year. For                                                                          
prisoners over the age of fifty, the cost jumped to over                                                                        
$67,000 per year.                                                                                                               
                                                                                                                                
Co-Chair John Torgerson asked if murder one and murder two                                                                      
could be separated without violating the Equal Protection                                                                       
Clauses.  Margot Knuth said it could be done but would not                                                                      
address the sponsor's desire to focus the punishment on                                                                         
those convicted of murder two.                                                                                                  
                                                                                                                                
She continued that this bill would separate the prisoners                                                                       
into two different classes, those sentenced before and                                                                          
those after 1999.  This would cause problems for the                                                                            
department.                                                                                                                     
                                                                                                                                
Senator Dave Donley argued that the Legislature was                                                                             
spending a lot of money to provide new technology to the                                                                        
department that would make this easier.  He referred to                                                                         
testimony in the Senate Judiciary Committee that some of                                                                        
the sentences served were under ten years.  Margot Knuth                                                                        
said none were under ten, the lowest was 14 years.  The                                                                         
longest term imposed was 104 years.  She read the length of                                                                     
the sentences imposed by the court.  There were a few                                                                           
instances were the court exercised its right to give                                                                            
exceptions.                                                                                                                     
                                                                                                                                
Senator Dave Donley asked what was her counter proposal to                                                                      
prevent second degree murder convicts from early release.                                                                       
Margot Knuth said that the Legislature imposing the                                                                             
sentences in criminal cases would be a difficult matter.                                                                        
The way the constitution set up the government, the                                                                             
Judiciary Branch was given the authority to set sentences                                                                       
unless there was a higher mandatory minimum for murder in                                                                       
the second degree. Currently, the mandatory minimum was                                                                         
five years as set by the Legislature.                                                                                           
                                                                                                                                
Senator Al Adams asked if there was any good standard used                                                                      
in other states that would work in Alaska.  Margot Knuth                                                                        
said the federal government encouraged states to follow an                                                                      
85-percent truth in sentencing formula for all crimes.                                                                          
However, that would be prohibitively expensive because the                                                                      
sentencing rules were so strict in Alaska. The states that                                                                      
followed the 85-percent rate had much lower initial                                                                             
sentences.                                                                                                                      
                                                                                                                                
She added that the good-time provisions were used on the                                                                        
parole end to allow for parole oversight. This legislation                                                                      
would cause unintended consequences. Sometimes the                                                                              
defendants with the murder two sentences were the ones that                                                                     
should be most closely supervised.                                                                                              
                                                                                                                                
Senator Dave Donley said the parole time could be extended                                                                      
in statute.  He felt that would be a good idea with or                                                                          
without this legislation.                                                                                                       
                                                                                                                                
Co-Chair John Torgerson expressed a desire to find out the                                                                      
long-term fiscal impact.                                                                                                        
                                                                                                                                
BLAIR MCCUNE, Deputy Director, Public Defender Agency,                                                                          
Department of Administration, testified via teleconference                                                                      
from Anchorage. He told the committee that under the equal                                                                      
protection issue, his office would probably have some Rule                                                                      
35.1 Post Conviction Release Applications filed. However,                                                                       
they were less viable then they had been under the previous                                                                     
version of this bill.  He pointed out the federal standards                                                                     
to his understanding was intended to address the entire                                                                         
sentencing structure. Other states had more discretionary                                                                       
parole options than Alaska.                                                                                                     
                                                                                                                                
He added that when prisoners received very long sentences                                                                       
they tended to be very institutionalized by the time of                                                                         
their release and took longer to reintegrate into the                                                                           
community.                                                                                                                      
                                                                                                                                
He commented on the longer parole time as suggested by                                                                          
Senator Dave Donley. The length of the sentence set the                                                                         
parole period, so it would depend on the length of the                                                                          
total sentence.                                                                                                                 
                                                                                                                                
Co-Chair John Torgerson ordered the bill held in committee.                                                                     
                                                                                                                                
                                                                                                                                
Tape: SFC - 99 #59, Side A