04/13/1994 08:45 AM Senate MIN

                                                                               
  SB 292 - INTERSTATE TRANSFERS OF INMATES                                     
                                                                               
  Co-chair  Pearce directed  that  SB 292  be  brought on  for                 
  discussion.   DAVID SKIDMORE,  aide to  Senator Frank,  came                 
  before committee.   He  explained that  the commissioner  of                 
  corrections presently  has statutory  authority to  transfer                 
  inmates out of  state if  he determines transfer  is in  the                 
  best interest of the state.  Statutes provide two  different                 
  standards  for determining whether  an individual inmate may                 
  be transferred.   AS 33.30.061(b)  provides a positive  test                 
  allowing transfer  if rehabilitation and  treatment will not                 
  be  impaired.    However,  an   introductory  clause  in  AS                 
  33.36.010  relating to  the interstate  corrections compact,                 
  provides a negative  test, saying  that corrections may  not                 
  transfer  an  inmate  if  his   or  her  rehabilitation  and                 
  treatment will  be better  facilitated inside  Alaska.   The                 
  proposed  bill  resolves   the  conflicting  standards   and                 
  establishes  one  test.   It  deletes  the  more restrictive                 
  standard and substitutes the less restrictive standard.                      
                                                                               
  Co-chair  Pearce  inquired concerning  the  impetus  for the                 
  bill.   Mr.  Skidmore explained  that  it was  suggested  by                 
  Michael Stark  of the  Dept. of  Law.  Conflicting  statutes                 
  have created a problem with past transfers.                                  
                                                                               
  Co-chair Pearce called for additional testimony on the bill.                 
  None was forthcoming.                                                        
                                                                               
  Senator Rieger MOVED  that SB 292  pass from committee  with                 
  individual  recommendations.    No  objection  having   been                 
  raised, SB  292  was REPORTED  OUT  of committee  with  zero                 
  fiscal  notes from  The Dept.  of Corrections  and  Dept. of                 
  Public Safety.   All  members present  signed the  committee                 
  report with a  "do pass"  recommendation.  Senator  Kerttula                 
  was absent from the meeting and did not sign.