04/11/1994 04:15 PM House FIN

  HB 334    An  Act  relating  to   criminal  sentencing;  and                 
            relating to mandatory  life imprisonment,  parole,                 
            good time credit, pardon, commutation of sentence,                 
            reprieve, furlough, and  service of sentence at  a                 
            correctional restitution center for offenders with                 
            at least three serious felony convictions.                         
                                                                               
                                                                               
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            CS HB 334 (FIN) was reported out of Committee with                 
            "no recommendations" and with fiscal notes  by the                 
            Department  of  Administration,  the Alaska  Court                 
            System and  the Department of Law and  with a zero                 
            fiscal note by the Department of Corrections.                      
  HOUSE BILL 334                                                               
                                                                               
       "An Act relating  to criminal sentencing;  and relating                 
       to  mandatory  life  imprisonment,  parole,  good  time                 
       credit,  pardon,  commutation  of  sentence,  reprieve,                 
       furlough, and  service  of sentence  at a  correctional                 
       restitution center  for offenders  with at  least three                 
       serious felony convictions."                                            
                                                                               
  Representative Hanley MOVED TO RESCIND previous action taken                 
  on HB 334.  Co-Chair MacLean OBJECTED.  Representative Brown                 
  noted her  opposition urging  the Committee to  look at  the                 
  long-range costs of the bill.   She emphasized that the bill                 
  had  not   previously  been   reported  out   of  Committee,                 
  consequently,  amendments to  the  legislation would  be  in                 
  order.                                                                       
                                                                               
  Representative Brown MOVED to adopt Amendment #1 which would                 
  maintain limited discretion for Alaska judges for third time                 
  felons.  Under this amendment, there would be no possibility                 
  for parole, suspension or good time credit whereas all other                 
  aspects of the bill would continue to remain.                                
                                                                               
  DEAN  GUANELI, CHIEF,  ASSISTANT ATTORNEY  GENERAL, CRIMINAL                 
  DIVISION,  DEPARTMENT  OF LAW,  testified that  Amendment #1                 
  would be  a policy call of  the Legislature and he  spoke in                 
  support of it.                                                               
                                                                               
                                                                               
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  REPRESENTATIVE CON  BUNDE noted  that he  would support  the                 
  language provided by Amendment #1.                                           
                                                                               
  ARTHUR  SNOWDEN,  ADMINISTRATIVE  DIRECTOR, ALASKA  JUDICIAL                 
  SYSTEM, spoke in support of Amendment #1.                                    
                                                                               
  There being NO OBJECTION to Amendment #1, it was adopted.                    
                                                                               
  Representative Brown MOVED to adopt Amendment #2 which would                 
  remove Class B felonies.  Mr. Bunde explained that the third                 
  strike would be  action resulting from a  more serious crime                 
  than  the two preceding  crimes and  he would  consider that                 
  action to be an indication of a patterned behavior.                          
                                                                               
  Co-Chair  MacLean spoke  in support  of Amendment  #2.   Mr.                 
  Guaneli advised that the amendment would  be a "policy call"                 
  and not a legal question.  The first two strikes can include                 
  a short list of Class B  felonies, whereas, the third strike                 
  would result from a serious offense.                                         
                                                                               
  Mr. Guaneli continued stating that  the proposed legislation                 
  would result in much litigation to pursue a case.  The scope                 
  has been broadened making  the third strike more serious  to                 
  pursue  the sentencing  option.   Discussion followed  among                 
  Committee members and Mr. Guaneli regarding the restrictions                 
  proposed  by Amendment  2.   Representative Brown  proceeded                 
  providing the Committee  with a  full description of  crimes                 
  included in HB  334 without  the protection granted  through                 
  Amendment #2.                                                                
                                                                               
  Representative Parnell OBJECTED to adopting Amendment #2.                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Martin,   Therriault,   Brown,   Foster,                 
                      Larson, MacLean.                                         
       OPPOSED:       Hanley, Parnell.                                         
                                                                               
  Representative  Grussendorf, Navarre  and  Hoffman were  not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  Co-Chair   MacLean  MOVED  TO   WITHDRAW  Amendment  #3  and                 
  Amendment  #4.     There  being  NO  OBJECTION,   they  were                 
  withdrawn.                                                                   
                                                                               
  Representative Hanley MOVED TO RESCIND  action on failure to                 
  pass HB 334 out  of Committee.  There being NO OBJECTION, it                 
  was so ordered.                                                              
                                                                               
  Representative Hanley MOVED to report CS HB 334 (FIN) out of                 
                                                                               
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  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal  notes.   Representative Brown  OBJECTED                 
  stating  the legislation would  keep felons in  prison for a                 
  longer length,  an effect which  would substantially  impact                 
  the Department of Corrections.                                               
                                                                               
  A roll call vote was taken on the MOTION.                                    
                                                                               
       IN FAVOR:      Hanley,  Martin,   Parnell,  Therriault,                 
                      Foster, Larson.                                          
       OPPOSED:       Brown, MacLean.                                          
                                                                               
  Representative  Hoffman,  Navarre and  Grussendorf  were not                 
  present for the vote.                                                        
                                                                               
  The MOTION PASSED (6-2).                                                     
                                                                               
  CS  HB  334 (FIN)  was reported  out  of Committee  with "no                 
  recommendations" and with fiscal notes  by the Department of                 
  Administration, the Alaska  Court System, the  Department of                 
  Law and a zero fiscal note by the Department of Corrections.