Legislature(2019 - 2020)BUTROVICH 205
02/28/2019 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB34 | |
| SB23|| SB24 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 34 | TELECONFERENCED | |
| += | SB 23 | TELECONFERENCED | |
| += | SB 24 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 34-PROBATION; PAROLE; SENTENCES; CREDITS
4:07:25 PM
CHAIR SHOWER reconvened the meeting and announced the
consideration of SENATE BILL 34 "An Act relating to probation;
relating to a program allowing probationers to earn credits for
complying with the conditions of probation; relating to early
termination of probation; relating to parole; relating to a
program allowing parolees to earn credits for complying with the
conditions of parole; relating to early termination of parole;
relating to eligibility for discretionary parole; relating to
good time; and providing for an effective date."
He noted that the CS for SB 34, version M, was the working
document. He noted who was available to answer questions, and
that there were amendments for the committee to consider.
4:08:00 PM
SENATOR COGHILL moved Amendment 1, work order 31-
GS1031\M.5.
31-GS1031\M.5
Radford
2/27/19
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 34(STA), Draft Version "M"
Page 4, lines 23 - 31:
Delete "[KEEP RECORDS OF THE PROBATION WORK,
INCLUDING ADMINISTRATIVE SANCTIONS AND INCENTIVES THE
PROBATION OFFICER IMPOSES UNDER AS 33.05.020(g), KEEP
ACCURATE AND COMPLETE ACCOUNTS OF ALL MONEY COLLECTED
FROM PERSONS UNDER THE SUPERVISION OF THE OFFICER,
GIVE RECEIPTS FOR MONEY COLLECTED AND MAKE AT LEAST
MONTHLY RETURNS OF IT, MAKE THE REPORTS TO THE COURT
AND THE COMMISSIONER REQUIRED BY THEM, AND PERFORM
OTHER DUTIES THE COURT MAY DIRECT;
(5)]"
Insert "keep records of the probation work [,
INCLUDING ADMINISTRATIVE SANCTIONS AND INCENTIVES THE
PROBATION OFFICER IMPOSES UNDER AS 33.05.020(g)], keep
accurate and complete accounts of all money collected
from persons under the supervision of the officer,
give receipts for money collected and make at least
monthly returns of it, make the reports to the court
and the commissioner required by them, and perform
other duties the court may direct;
(5)"
Page 5, line 2:
Delete "(5) [(6) USE"
Insert "(6) [USE"
Page 5, line 13:
Delete "(6)"
Insert "(7)"
Page 5, line 17:
Delete "(7)"
Insert "(8)"
Page 5, line 20:
Delete "(8)"
Insert "(9)"
Page 5, lines 24 - 29:
Delete all material.
Renumber the following bill sections accordingly.
Page 14, lines 16 - 17:
Delete "; and
(5) AS 33.05.040(b), as amended by sec. 7 of
this Act"
Page 14, line 20:
Delete "sec. 8"
Insert "sec. 7"
Page 14, line 21:
Delete "sec. 9"
Insert "sec. 8"
Page 14, line 22:
Delete "sec. 10"
Insert "sec. 9"
Page 14, line 23:
Delete "sec. 12"
Insert "sec. 11"
Page 14, line 24:
Delete "sec. 13"
Insert "sec. 12"
Page 14, line 25:
Delete "sec. 14"
Insert "sec. 13"
Page 14, line 26:
Delete "sec. 15"
Insert "sec. 14"
Page 14, line 27:
Delete "sec. 16"
Insert "sec. 15"
Page 14, line 28:
Delete "sec. 17"
Insert "sec. 16"
Page 14, line 29:
Delete "sec. 18"
Insert "sec. 17"
Page 14, line 30:
Delete "sec. 19"
Insert "sec. 18"
Page 14, line 31:
Delete "sec. 20"
Insert "sec. 19"
Page 15, line 1:
Delete "sec. 11"
Insert "sec. 10"
Page 15, line 2:
Delete "sec. 11"
Insert "sec. 10"
SENATOR MICCICHE objected for discussion purposes.
4:08:25 PM
SCOTT OGAN, Senior Policy Advisor, Senator Mike Shower, Alaska
State Legislature, explained that Amendment 1 restores
bookkeeping functions that were unintentionally omitted from the
CS, and it eliminates administrative sanctions. The rest of the
amendment reflects conforming changes.
4:09:04 PM
SENATOR MICCICHE removed his objection.
CHAIR SHOWER asked if there were further objections.
SENATOR COGHILL objected to state that he does object to
eliminating administrative sanctions and will speak to that
later. Because he supports the reporting mechanism, he won't
object to the amendment. He removed his objection.
CHAIR SHOWER found no further objection and Amendment 1 passed.
4:10:07 PM
SENATOR COGHILL moved Amendment 2, work order 31-GS1031\M.4.
4:12:03 PM
At ease
4:12:45 PM
CHAIR SHOWER reconvened the meeting and asked Senator Coghill to
restate the motion.
4:12:52 PM
SENATOR COGHILL restated the motion to adopt Amendment 2,
31-GS1031\M.4.
31-GS1031\M.4
Radford
2/27/19
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 34(STA), Draft Version "M"
Page 2, line 22, following "imprisoned":
Insert "until the order of the court is
satisfied"
SENATOR MICCICHE objected for discussion purposes.
MR. OGAN explained that this technical amendment adds the phrase
that the order of the court must be satisfied, which the drafter
overlooked.
CHAIR SHOWER clarified that Legislative Legal Services requested
this addition.
MR. OGAN agreed adding that the amendment does not make a
substantive change.
SENATOR COGHILL clarified for the public that this addition
appears on page 2, line 22, of version M.
SENATOR MICCICHE removed his objection.
CHAIR SHOWER found no further objection and stated that
Amendment 2 has passed.
4:14:13 PM
SENATOR COGHILL moved Amendment 3, work order 31-GS1031\M.6.
31-GS1031\M.6
Radford
2/27/19
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 34(STA), Draft Version "M"
Page 3, line 19, following "shall":
Insert ", in consultation with the Department of
Law and the Department of Public Safety,"
SENATOR MICCICHE objected for discussion purposes.
4:14:52 PM
MR. OGAN explained that in Section 4, the commissioner
establishes by regulation a program allowing probationers to
earn credits for complying with the conditions of probation. The
amendment adds the requirement that the regulations are
established in consultation with the Department of Public Safety
(DPS). This provides another set of eyes for the review. He said
the consultation, which could be minimal, is intended to keep
political appointees accountable.
CHAIR SHOWER added that the intent is to ensure coordination
among agencies that enforce the criminal justice system and to
provide checks and balances. In this particular case, there will
be coordination between the commissioner, DOL, and DPS.
SENATOR COGHILL suggested the committee ask the Department of
Law and the Department of Public Safety (DPS) what they think
that consultation would look like.
4:17:03 PM
JOHN SKIDMORE, Director, Criminal Division, Department of Law,
advised that a requirement for consultation does not alter the
ultimate authority for the Department of Corrections to develop
the program. He said the requirement leaves flexibility as to
what that consultation will look like, but it does place into
law that it will occur. He added that it has not been his
experience, but this prevents a situation in which the DOC
develops the policy without talking to anyone else.
SENATOR COGHILL asked if the Department of Law was already
working with the Department of Corrections on the development of
regulations.
MR. SKIDMORE said the Department of Law drafts all the
regulations that are developed by departments, but that
consultation is about format rather than substance. He related
his experience that agencies involved in the criminal justice
system frequently consult with the Department of Law about
substance when they're developing regulations. This amendment
requires consultation on substance to occur.
CHAIR SHOWER asked Ms. Howell to respond to Senator Coghill's
question.
4:19:46 PM
KELLY HOWELL, Special Assistant to the Commissioner, Department
of Public Safety (DPS), said DPS would work in collaboration
with the Department of Corrections as the amendment requires.
She agreed with Mr. Skidmore that the amendment provides
flexibility for the consultation to occur through whatever
method is most appropriate.
SENATOR COGHILL asked if DPS would have substantive input on not
only the regulations but also the calculation of time on
probation and recommendations to the court.
MS. HOWELL said she couldn't speak for the commissioner as to
how the collaboration would occur, but she believes that the
commissioner of public safety would want to provide input on
proposed changes. She added that the Department of Law, DOC, and
DPS already work closely in these areas and this places the
requirement in statute.
SENATOR COGHILL removed his objection.
SENATOR MICCICHE removed his objection to Amendment 3.
CHAIR SHOWER found no further objection and stated that
Amendment 3 has passed.
4:22:41 PM
SENATOR COGHILL moved Amendment 4, work order 31-GS1031\M.13.
[Note: This amendment, which was drafted by Legislative Legal,
has paragraphs (1), (2), (3), and (4) inserted under subsection
(i). The copy that committee members considered did not include
paragraphs (3) and (4).]
31-GS1031\M.13
Radford
2/28/19
AMENDMENT 4
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 34(STA), Draft Version "M"
Page 4, lines 7 - 8:
Delete all material and insert:
"(i) A probationer may not be enrolled in the
program established under (h) of this section if the
probationer
(1) is incarcerated for a sex offense as
defined in AS 12.63.100;
(2) is incarcerated for a crime against a
person under AS 11.41;
(3) has three prior convictions arising
from separate criminal episodes; or
(4) has reoffended while on probation in
the past."
SENATOR MICCICHE objected for discussion purposes.
SENATOR REINBOLD called a point of order to asked if this was
Amendment 4 or an amendment to Amendment 4.
CHAIR SHOWER clarified that it was Amendment 4; the amendment to
Amendment 4 would be introduced subsequently.
4:23:28 PM
At ease
4:24:14 PM
CHAIR SHOWER reconvened the meeting and asked Mr. Ogan to
explain Amendment 4.
4:24:25 PM
MR. OGAN explained that Amendment 4 fixes a drafting error. The
intent is to make probationers convicted of a sex offense or a
crime against a person ineligible for the earned credits
program.
He asked if the chair wanted an explanation of the amendment to
the amendment at this time.
CHAIR SHOWER deferred to more experienced committee members.
4:25:26 PM
SENATOR COGHILL advised that the proper process would be to
adopt Amendment 4 and then consider the amendment to Amendment
4.
4:25:37 PM
SENATOR MICCICHE removed his objection to Amendment 4.
SENATOR COGHILL moved the amendment to Amendment 4 that reads as
follows:
Amendment to Amendment 4 BY SENATOR SHOWER
CSSB 34(STA) Draft Version "M"
Line 4 after "this section if the probationer" add: or
parolee
Line 5 after (1) is, add: on probation or parole for a
sex offense as defined in AS 12.63.100
Line 6 after (2) is, add: on probation or parole for a
felony or DV crime against a person as defined in AS
11.41
4:26:31 PM
SENATOR MICCICHE objected for discussion purposes.
4:26:44 PM
MR. OGAN explained that the amendment to Amendment 4 adds
parolees who have been convicted of either a sex offense or a
felony or domestic violence crime against a person to the pool
of people who are ineligible for the earned credit program.
CHAIR SHOWER added that AS 33.05.020(h) talks about the
commissioner establishing a program by regulation that allows
probationers to earn credits for complying with the conditions
of probation. The intent of the amendment is to exclude from the
credit program those probationers and parolees who have been
convicted of the more serious offenses against a person,
including domestic violence.
4:28:56 PM
SENATOR COGHILL highlighted that later on in subsection (h), on
page 4, line 2 of the bill, it says a probationer convicted of a
crime involving domestic violence as defined in AS 18.66.990, is
required to complete all treatment programs [required as a
condition probations before discharge based on credits earned
under subsection (h).] He suggested that the proposed amendment
might conflict with the bill.
CHAIR SHOWER noted that after working with legislative legal the
decision was to insert the amendment in this location. He asked
Mr. Ogan if he wanted to expound.
MR. OGAN deferred to the Department of Law.
4:30:04 PM
MR. SKIDMORE said he would recommend two things. First, AS
33.05.020(h) talks about the commissioner establishing by
regulation a program for probationers, not parolees. Therefore,
anything that is done to this statute has to talk about the
program for probationers. A separate statute establishes a
program for parolees. If the intent is to have the policy apply
to both probationers and parolees, anything that is done in the
probation statute needs to be replicated in the parole statute.
Second, Amendment 4, 31-GS1031\M.13, should be amended by
replacing the term "incarcerated" on lines 5 and 6 of the
amendment with "on probation" [because someone on probation is
no longer incarcerated.]
Returning to the first point, he advised that the statute for
parolees is AS 33.16.270. He noted that the bill also amends
that statute, starting in Section 18 on page 11 of the CS. He
said this is where any information about how to restrict who can
be in the earned compliance credit program under the parolee
scenario. He suggested that the likely location for the change
would be on page 12 in paragraph (3). The language would be
similar to the probationer language he suggested but would refer
to a parolee. "If there were different policy objectives than
that, then I would need more time to sort out how you would want
to address that," he said.
CHAIR SHOWER observed that that explains the policy objective,
but the amendment [doesn't achieve that objective.]
SENATOR COGHILL suggested the committee rescind its action to
adopt Amendment 4 and start over.
4:36:13 PM
MR. OGAN said legislative legal suggested articulating the
policy call for the record and giving them express authority to
work the appropriate amendment into the bill.
4:36:56 PM
SENATOR MICCICHE moved to rescind the committee's action on
Amendment 4.
CHAIR SHOWER found no objection and the action to adopt
Amendment 4 was rescinded.
4:38:30 PM
CHAIR SHOWER withdrew proposed Amendment 5, work order 31-
GS1031\M.8, from consideration.
4:39:11 PM
SENATOR COGHILL moved Amendment 6, work order 31-GS1031\M.2.
31-GS1031\M.2
Radford
2/27/19
AMENDMENT 6
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSB 34(STA), Draft Version "M"
Page 2, line 28, through page 3, line 17:
Delete all material.
Renumber the following bill sections accordingly.
Page 14, line 13:
Delete all material.
Renumber the following paragraphs accordingly.
Page 14, line 14:
Delete "sec. 4"
Insert "sec. 3"
Page 14, line 15:
Delete "sec. 5"
Insert "sec. 4"
Page 14, line 16:
Delete "sec. 6"
Insert "sec. 5"
Page 14, line 17:
Delete "sec. 7"
Insert "sec. 6"
Page 14, line 20:
Delete "sec. 8"
Insert "sec. 7"
Page 14, line 21:
Delete "sec. 9"
Insert "sec. 8"
Page 14, line 22:
Delete "sec. 10"
Insert "sec. 9"
Page 14, line 23:
Delete "sec. 12"
Insert "sec. 11"
Page 14, line 24:
Delete "sec. 13"
Insert "sec. 12"
Page 14, line 25:
Delete "sec. 14"
Insert "sec. 13"
Page 14, line 26:
Delete "sec. 15"
Insert "sec. 14"
Page 14, line 27:
Delete "sec. 16"
Insert "sec. 15"
Page 14, line 28:
Delete "sec. 17"
Insert "sec. 16"
Page 14, line 29:
Delete "sec. 18"
Insert "sec. 17"
Page 14, line 30:
Delete "sec. 19"
Insert "sec. 18"
Page 14, line 31:
Delete "sec. 20"
Insert "sec. 19"
Page 15, line 1:
Delete "sec. 11"
Insert "sec. 10"
Page 15, line 2:
Delete "sec. 11"
Insert "sec. 10"
SENATOR MICCICHE objected for discussion purposes.
SENATOR COGHILL explained that the amendment deletes all
material in bill Section 3, which amends AS 12.55.090(g)
regarding probation. This section makes it permissive rather
than directive for a probation officer to recommend that
probation be terminated, and the person discharged from
probation under certain conditions. And it removes the
conditions of having served two years on probation under certain
circumstances and having served 18 months on probation if the
conviction was for a crime that is not a crime under a certain
definition.
SENATOR COGHILL said his intent is to have the probationer's
application go before the board for consideration based on
certain requirements. He said he feels very strongly about this,
but he wasn't sure if this particular amendment was the correct
approach. He said he intended to withdraw the amendment but
wanted to make his wishes known in the hope that members who
have the opportunity to touch the bill two more times will
continue to work with him.
4:41:19 PM
SENATOR COGHILL withdrew Amendment 6, work order 31-GS1031\M.2.
He said he was withdrawing it "with the idea that I think the
requirement demands that the bureaucracy work and the 'may' says
you may work, and it leaves our probation world under two
different people that I struggle with bureaucratically. Not
personally, not integrity wise, just bureaucratically and that
is the people who handle the probation request at the jail and
those who handle it at the board."
4:42:03 PM
SENATOR REINBOLD called a point of order to say that Amendment 7
replaces the term "shall" with "may."
SENATOR COGHILL pointed out that Amendment 6 addresses the
change from "shall" to "may" on page 2, line 29. It's a return
to the language [pre-2016].
SENATOR REINBOLD noted that Amendment 7 changes the term "shall"
to "may" [in regard to parole officer recommendations to the
board].
SENATOR COGHILL continued to say that the data from the
probation and parole office indicates that the people who have
been eligible for probation and parole under these conditions
have been successful and are not reoffending. He reiterated that
he was withdrawing Amendment 6 and would like members to keep
this in mind as they look at and work on different iterations of
the bill.
CHAIR SHOWER stated that Amendment 6, work order 31-GS1031\M.2,
is withdrawn.
4:44:06 PM
SENATOR COGHILL moved Amendment 7, work order 31-GS1031\M.3.
31-GS1031\M.3
Radford
2/26/19
AMENDMENT 7
OFFERED IN THE SENATE BY SENATOR COGHILL
TO: CSSB 34(STA), Draft Version "M"
Page 10, line 16:
Delete "may [SHALL]"
Insert "shall"
SENATOR MICCICHE objected for discussion purposes.
SENATOR COGHILL explained that Amendment 7 is basically the same
as Amendment 6, but it relates to a parole officer recommending
to the board early discharge for a parolee who has met certain
conditions. The board is not obligated to discharge the parolee,
but it must consider the application.
4:45:38 PM
SENATOR COGHILL withdrew Amendment 7, work order 31-GS1031\M.3,
and asked members to watch this as the bill moves forward.
4:46:01 PM
SENATOR MICCICHE moved Amendment 8, work order 31-GS1031\M.11.
31-GS1031\M.11
Radford
2/28/19
AMENDMENT 8
OFFERED IN THE SENATE BY SENATOR MICCICHE
TO: CSSB 34(STA), Draft Version "M"
Page 7, line 19:
Delete "one-third"
Insert "one-half [ONE-THIRD]"
Page 8, line 25, following "(5)":
Insert "or (8)"
Page 9, line 2, following "(5)":
Insert "or (8)"
Page 9, lines 5 - 12:
Delete "[;
(8) TO A SINGLE SENTENCE UNDER
AS 12.55.125(i)(3) AND (4), AND HAS NOT BEEN ALLOWED
BY THE THREE-JUDGE PANEL UNDER AS 12.55.175 TO BE
CONSIDERED FOR DISCRETIONARY PAROLE RELEASE, MAY NOT
BE RELEASED ON DISCRETIONARY PAROLE UNTIL THE PRISONER
HAS SERVED, AFTER A DEDUCTION FOR GOOD TIME EARNED
UNDER AS 33.20.010, ONE-HALF OF THE ACTIVE TERM OF
IMPRISONMENT IMPOSED]"
Insert ";
(8) to a single sentence under
AS 12.55.125(d) for an offense under
AS 11.71.030(a)(1) or (2) [AS 12.55.125(i)(3) AND
(4)], and has not been allowed by the three-judge
panel under AS 12.55.175 to be considered for
discretionary parole release, may not be released on
discretionary parole until the prisoner has served [,
AFTER A DEDUCTION FOR GOOD TIME EARNED UNDER
AS 33.20.010,] one-half of the active term of
imprisonment imposed"
SENATOR REINBOLD objected for discussion purposes.
SENATOR MICCICHE explained that Amendment 8 changes the
mandatory minimum term a prisoner must serve to be eligible for
discretionary parole. For class B drug trafficking, a prisoner
would be eligible for discretionary parole after serving one-
half of their sentence rather than one-quarter and for an
unclassified drug offense the change is from one-third of their
sentence to one-half of their sentence. He said he feels that
the state is under a siege of drug-related issues and violent
crimes now, and the data shows that in years past when crime has
been high these are the crimes that contribute to other lower-
level crimes. The message, he said, is that Alaska is not a
preferred market for drug trafficking.
4:47:34 PM
SENATOR REINBOLD removed her objection.
4:47:44 PM
SENATOR COGHILL objected to hear the Department of Law discuss
how this new concept might work.
4:48:08 PM
MR. SKIDMORE said this isn't his area of expertise and he would
suggest the committee ask Mr. Edwards from the Board of Parole
to explain. Responding to the chair, he said Senator Micciche
did a good job of describing the amendment to Section 10 that
proposes to change AS 33.16.090(b)(1). It talks about a prisoner
who is eligible under (a)(1) of this section who is sentenced
under the sentencing statute for unclassified felony offenses,
AS 12.55.125(a) and (b), is not eligible for discretionary
parole until they have served the mandatory minimum under this
statute and then one-third of the active term of imprisonment
imposed. Amendment 8 proposes to change the term that must be
served from one-third to one-half. He said he believes that
refers to the active time remaining. He requested that Mr.
Edwards confirm that interpretation.
4:50:27 PM
JEFFREY EDWARDS, Director, State Parole Board, Anchorage, said
Mr. Skidmore and Senator Micciche did a good job of explaining
Amendment 8. The inmate serving the sentence would not be
eligible to apply for early release until they had served a
certain term of the active term of imprisonment imposed.
Currently that is one-third of the active term and the amendment
changes that to one-half. The prisoner would have to serve half
their sentence or the mandatory minimum, whichever is greater
before they could apply to the parole board for release on
discretionary parole.
SENATOR COGHILL said he understands the policy call and he
believes the fiscal note will change. He asked Mr. Skidmore if
mandatory minimums are considered when a prosecutor considers a
plea deal.
MR. SKIDMORE confirmed that a prosecutor who was considering a
negotiated resolution could look at mandatory minimums to
understand when somebody would be eligible for parole, but he
didn't think it happens very often. He admitted that in 20 years
as a prosecutor, he only focused on the ultimate sentence when
he was trying to determine how to make an offer in the case. He
never looked at when the person was eligible for parole.
SENATOR COGHILL said he brought it up because early release has
become a point of discussion.
4:53:26 PM
SENATOR MICCICHE reminded the committee that SB 34 removes
several categories of crimes from eligibility for discretionary
parole. The amendment deals with relatively serious crimes and
it increases the minimum time served before a prisoner is
eligible, but they are not removed from the list. He said drug
trafficking destroys the lives of many Alaskans every year and
this is just saying they must serve half their sentence before
they're eligible to apply for discretionary parole. He described
it as a reasonable approach.
4:54:17 PM
MR. OGAN suggested the committee ask Mr. Skidmore how this would
affect a suspended sentence.
MR. SKIDMORE explained that the time a court imposes as an
active term of imprisonment is what impacts when somebody is
eligible for discretionary parole. The suspended time is not
calculated for parole; it serves as the potential sanction that
could be imposed when a person on probation violates their
conditions of release.
He continued to say that he talked about the first part of the
amendment that deals with unclassified felonies. The second half
of the amendment talks about when someone convicted of a class B
felony for a drug offense would be eligible for discretionary
parole. That is on page 1, line 21-23 through page 2, line 3 of
Amendment 8, 31-GS1031\M.11. He suggested the committee watch
other bills that have been proposed that may changes AS
12.55.125(d) and AS 11.71.030(a)(1) or (2) to ensure that the
intent of the amendment is preserved. He summarized his
understanding of the intent which is to limit discretionary
parole for those people that are convicted of a class B felony
for a drug offense. He noted that SB 34 already limits
discretionary parole for a class A felony. Amendment 8 deals
with unclassified felonies, class A felonies are already
covered, and this goes to class B felonies for drug
distribution. The clear idea is to limit their eligibility for
discretionary parole until after they have served half the time.
CHAIR SHOWER said that's a salient point.
4:57:47 PM
SENATOR REINBOLD removed her objection.
CHAIR SHOWER asked Senator Coghill if he wanted to remove his
objection.
SENATOR COGHILL said he didn't mind requiring people to spend
the extra time in jail, but he was not interested in making them
better criminals. He said he'd remove his objection and probably
vote no on the bill.
4:59:00 PM
CHAIR SHOWER stated that Amendment 8 has passed. He said that is
the last amendment and the bill is before the committee for
discussion.
SENATOR COGHILL pointed out the bill deletes all the
administrative sanctions as well as limiting discretionary
parole. He said he agrees with earlier comments that the
sanctions were not as swift and certain as everyone hoped, but
he continues to believe there is room to improve that. He
directed attention to page 34 of the 2018 Criminal Justice
Reform Report. He read the following into the record:
Sanctions and incentives. Parole and probation
officers now use a system of administrative sanctions
and incentives to facilitate prompt and effective
responses to compliance with or violations of
conditions of supervision. The administrative
sanctions are used before filing a petition with the
court or the parole board to revoke probation or
parole. [The sanctions are designed to be swift,
certain, and proportionate to the transgression; this
is an evidence-based practice that studies show is
more effective in encouraging course correction.]
SENATOR COGHILL explained that the idea with the probation and
parole reform in 2016 was trying to make sure supervision was on
those who needed it and incentives were given for those who were
successful and didn't reoffend. This report indicates that is
happening; probationers and parolees are held accountable and
are able to earn compliance credits. Because the bill deletes a
lot of that, he said he probably could not support the bill.
5:01:27 PM
CHAIR SHOWER said he was looking at that but decided to look at
it in the judiciary committee.
SENATOR COGHILL said he appreciates that, but this is his only
chance to work on the bill.
SENATOR REINBOLD thanked the chair for working hard and
diligently on the bill with all the committee members and the
public. She described the amendments as excellent and said she
was pleased to support the bill.
CHAIR SHOWER asked Senator Micciche to read the fiscal notes.
5:02:31 PM
SENATOR MICCICHE warned that the fiscal notes may change as a
result of the amendments that passed today.
Fiscal Note Number 1 from the Criminal Division of the
Department of Law is zero. The allocation is Criminal Justice
Litigation and the OMB Component Number is 2202. It says the
Department of Law anticipates an increase in litigation similar
to what it saw with the passage of the initial criminal justice
reform. However, the department does not anticipate any fiscal
impact from the bill.
Fiscal Note Number 2 from the Department of Corrections,
Population Management, Institution Director's Office, OMB
Component Number 1381 is indeterminant. The reasoning is that
offenders will be incarcerated longer. If the additional inmates
do not exceed capacity, there is no cost to the department. If
the increase exceeds capacity the cost is $168.74 per day per
inmate. The department does not have adequate data to determine
the exact number, thus the note is indeterminate.
Fiscal Note Number 3 from the Department of Corrections,
Population Management, Probation and Parole Director's Office,
OMB Component Number 2684 has an FY20 operating cost of $57,600.
In FY21 it increases to $86,400 and from FY22 to FY25 it is
$172,800 per year in general fund dollars.
Section [4] says that with fewer terminations, offenders will
spend longer on probation at a cost of $9.57 per day per
probationer.
Section 6 reduces the earned compliance credits for probation to
one-third the prior amount.
Section 7 adds the stipulation that probationers who violate
conditions of probation forfeit any credits earned which extends
the period of probation.
Section 16 changes the tolling calculation to what it was prior
to the current law. There is insufficient data to determine that
cost.
Section 18 stipulates that a parolee who violates their
conditions of parole forfeits any credits earned which extends
the period of parole at a cost of $9.57 per day.
Section 20 repeals mandatory early termination of probation
which will probably result in some probationers spending more
time on probation at a cost of $9.57 per day.
Fiscal Note Number 4 from the Alaska Court System is zero. The
Allocation is Trial Courts, and the OMB Component Number is 768.
It says the changes in the bill will not have a fiscal impact on
the Court System.
5:06:04 PM
CHAIR SHOWER noted that legislative legal would need to make
conforming changes. He stated his intent to move the bill and
solicited a motion.
5:06:15 PM
SENATOR COGHILL moved to report CSSB 34(STA), 31-GS1031\M, as
amended, from committee with individual recommendations and
attached fiscal note(s).
CHAIR SHOWER found no objection and CSSB 34(STA) [amended
version M] was reported from the Senate State Affairs Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA (AutoRecovered).pdf |
SSTA 2/28/2019 3:30:00 PM |
Agenda |
| Commissioner Tshibaka Resume.pdf |
SSTA 2/28/2019 3:30:00 PM |
comm tshibaka resume |
| Letters of Rec-Comm Tshibaka Assorted.pdf |
SSTA 2/28/2019 3:30:00 PM |
Assorted letters of rec - comm tshibaka |
| SB 34 Transmittal Letter.pdf |
SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| M.pdf |
SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 SB 34 Version m sb34 version m |
| SB 34 - Probation and Parole Sectional.pdf |
SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB 34 Highlights.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB0034-1-2-012319-LAW-N.PDF |
SSTA 2/21/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB0034-2-2-012319-COR-Y.PDF |
SSTA 2/21/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB0034-3-2-012319-COR-Y.PDF |
SSTA 2/21/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB34-GOA Bills Matrix 2-22-19 - DRAFT STA CS.pdf |
SSTA 2/28/2019 3:30:00 PM |
|
| SB 34 Support Crime Bills AACOP.pdf |
SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB 34 - PSEA Letter of Support.pdf |
SFIN 4/30/2019 1:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB 23 TL - Senate President.pdf |
SSTA 2/5/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 23 |
| SB0023A.PDF |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 23 |
| SB23 Sectional.pdf |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 23 |
| SB 24 TL - Senate President.pdf |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM |
SB 24 |
| SB0024A.PDF |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM |
SB 24 |
| SB24 Sectional.pdf |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 24 |
| SB 24 Fiscal Note.PDF |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 24 |
| SB 23 and 24 presentation.pptx |
SSTA 2/5/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM SSTA 3/5/2019 3:30:00 PM SSTA 3/7/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM |
SB 23 SB 24 |
| SB34 Updated Amendments 02-28-19.pdf |
SSTA 2/28/2019 3:30:00 PM |
SB 34 |