03/14/1994 08:30 AM House FIN

  HB 418    An Act extending the termination date of the Board                 
            of Parole; and providing for an effective date.                    
                                                                               
            HB 418  was reported out  of Committee with  a "do                 
            pass" recommendation and  with a zero  fiscal note                 
            by the Department of Corrections dated 3/14/94.                    
  HOUSE BILL 418                                                               
                                                                               
       "An Act  extending the termination date of the Board of                 
       Parole; and providing for an effective date."                           
                                                                               
  RENEE CHATMAN, STAFF TO REPRESENTATIVE  BETTYE DAVIS, stated                 
  that  HB  418  would extend  the  Board  of  Parole for  the                 
  customary four-year period under A.S.  44.66.101 (c).  Under                 
  current law,  and without  passage of  the legislation,  the                 
  Board is scheduled to  end its operations on June  30, 1994.                 
  She added that the Board was created in 1960 and has been an                 
  essential  component of  Alaska's  criminal justice  system.                 
  There are currently 700 felons on paroled supervision.  Each                 
  year, about 400  prisoners are  eligible to  be released  to                 
  discretionary parole  supervision  for a  portion  of  their                 
  sentence.    In  addition,  500  prisoners are  released  to                 
  mandatory parole supervision for a period equal to one-third                 
  of their sentence.                                                           
                                                                               
  Ms.  Chatman  advised that  expiration  of the  Parole Board                 
  could not alter  the state's responsibility under  Title 33,                 
  Chapter 16, which provides for  prisoners to be eligible for                 
  and supervised on discretionary and mandatory parole.                        
                                                                               
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  Ms.   Chatman  explained  the   changes  in   the  committee                 
  substitute reflect  work of  the Senate  Judiciary Committee                 
  version to  SB 286.  The committee  substitute validates the                 
  long standing  practice of  the board  to establish  special                 
  conditions for mandatory parole by one board member.                         
                                                                               
  MICHAEL  J.  STARK,  ASSISTANT  ATTORNEY  GENERAL,  CRIMINAL                 
  DIVISION, DEPARTMENT OF  LAW, explained  that Page 3,  Lines                 
  14-28 would delete certain conditions  of parole which under                 
  present law  are discretionary with  the Board.   The change                 
  would remove certain items, at which time  they would become                 
  mandatory conditions of parole.  The conditions would not be                 
  deleted, although they would become  mandatory conditions of                 
  parole.                                                                      
                                                                               
  RICHARD COLLUM,  EXECUTIVE DIRECTOR,  PAROLE BOARD,  JUNEAU,                 
  stated  that under federal law, anyone convicted of a felony                 
  would be prohibited from owning or  possessing any type of a                 
  firearm.  The Parole  Board has added to that  language "all                 
  dangerous or deadly weapons".                                                
                                                                               
  Representative Martin asked why the legislation had not been                 
  sent  to  the  House  Judiciary   and  House  State  Affairs                 
  Committee.  He  pointed out  that there was  no fiscal  note                 
  attached to the  legislation and  that those two  committees                 
  should have  been consulted  regarding the  legality of  the                 
  legislation.  Mr.  Collum replied that changes had been made                 
  in the  Senate Judiciary  Committee.  Representative  Martin                 
  emphasized  that   the  House  Judiciary   Committee  should                 
  consider the bill before the House Finance Committee.                        
                                                                               
  Mr. Stark explained  the changes.  The  committee substitute                 
  would define the original purpose and  would extend the life                 
  of  the Parole Board in order  that it may continue to carry                 
  on  its  constitutional  and  statutory  authorities.    The                 
  committee  substitute  would  also   establish  supplemental                 
  conditions of  parole by the  entire Board rather  than that                 
  determination being made by a single board  member.  Without                 
  the requested statutory  change, the Board will  be required                 
  to meet  with full membership each time  a decision is to be                 
  made.  He advised that this has significant fiscal impact on                 
  the State.   The committee  substitute would also  establish                 
  mandatory discretionary conditions of parole.                                
                                                                               
  REPRESENTATIVE BETTYE  DAVIS stated that  the original  bill                 
  would  extend the  Parole Board.   She  drafted a  committee                 
  substitute to  conform  to the  changes made  by the  Senate                 
  Judicial Committee.   Representative Martin MOVED TO  RETURN                 
  the  legislation   to   the   House   Judiciary   Committee.                 
  Representative   Hanley   echoed   Representative   Martin's                 
  concerns and pointed out that without a fiscal note the bill                 
                                                                               
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  would not need to come back  to the House Finance Committee.                 
  Representative  Davis requested that  the Committee  vote on                 
  the   original   bill   to    extend   the   Parole   Board.                 
  Representative Martin WITHDREW  THE MOTION.  There  being NO                 
  OBJECTION, the motion was withdrawn.                                         
                                                                               
  Representative Grussendorf  MOVED to  report HB  418 out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying  fiscal note.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  HB  418  was reported  out  of  Committee with  a  "do pass"                 
  recommendation and  with a fiscal note by  the Department of                 
  Correction dated 2/18/94.