Legislature(1999 - 2000)
05/14/1999 02:15 PM House FIN
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* first hearing in first committee of referral
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CS FOR SENATE BILL 11(JUD)
"An Act relating to good time credits for prisoners
serving sentences of imprisonment for certain murders."
JAMES ARMSTRONG, STAFF, SENATOR DONLEY testified on behalf
of the sponsor in support of SB 11. He read from the sponsor
statement:
"Senate Bill 11 would reduce good time sentence
reduction by one-half for individuals convicted of first
and second degree murders.
Under Alaska statute 33.20.10, a prisoner is entitled to
a deduction of one-third of the term of imprisonment if
the prisoner follows the rules of that correctional
facility." Persons convicted of first and second degree
murder would be dropped down to sixteen and a half
percent.
Vice-Chair Bunde noted that correctional facilities use
"good time" as a bribe for good behavior. He questioned the
motivation for the legislation. Senator Donley decided to
introduce the legislation after being approached by families
of crime victims at a crime victims' memorial. Thirty other
states have implemented similar provisions. Some require at
least 85% of the sentence be served.
Co-Chair Therriault questioned if there is a problem under
the equal protection provision. Mr. Armstrong noted that the
original bill would have covered first and second degree
attempted murder or conspiracy to commit murder in the first
degree. These were removed. He did not think that there was
a problem with the current legislation.
Representative J. Davies observed that the state of Alaska
already has longer sentences than most other states. Mr.
Armstrong noted that the legislation targets the most
heinous offenders.
Co-Chair Therriault noted that the legislation is
prospective. It would not affect current convictions.
In response to a question by Representative Austerman, Mr.
Armstrong clarified that the legislation would provide
sentencing guidelines of 84.3 percent of sentence. Release
for good time is currently at 66.3 percent of sentence. The
Department of Corrections estimates that there will be a
fiscal impact to the state in the year 2008. Representative
J. Davies stated that the estimated impact is approximately
$1.2 million dollars.
Mr. Armstrong reviewed a handout demonstrating the affect of
SB 11 on the current prison population (copy on file). Vice-
Chair Bunde stressed that SB 11 "would make a life sentence,
truly a life sentence."
MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF
CORRECTIONS provided information regarding the fiscal
impacts of SB 11. The legislation would increase sentences
for those convicted of murder 1 or 2. These sentences would
have an impact starting in the year 2008. If these sentences
had applied since statehood the accumulative impact would
have been $50 million dollars to the state in additional
incarceration time. She added that age 50 is considered old
in prison life. The medical component greatly increases from
age 50. There is no way to predict actual costs. She
observed that pace makers range in cost from $15 to $50
thousand dollars and gave other examples of the cost of
keeping elderly prisoners incarcerated. She emphasized that
once a prisoner reaches the age of 43 their recidivism rate
drops to 2 percent. The legislation moves release ages from
the 50's and 60's to 70's and beyond. She referred to an
article, "Should Elderly Convicts be Kept in Prison", which
was taken off the Internet (copy on file).
(Tape Change, HFC 99 - 138, Side 2)
Ms. Knuth acknowledged that there are a few prisoners that
receive relatively short sentences for murder 2, 15 - 20
years. She reiterated that the legislation will costly to
the state. She pointed out that shorter sentences are
generally accompanied by extenuating circumstances.
Vice-Chair Bunde questioned how SB 11 affects medical
parole. Ms. Knuth noted that there is a parole option for
medical circumstances, but emphasized that prisoners have to
be essentially a quadriplegic. Prisoners must be non-
ambulatory.
In response to a question by Representative G. Davis, Mr.
Armstrong stressed that the core of the legislation is that
murders should not be entitled to the same "good time"
release as other prisoners. Ms. Knuth pointed out that
Alaskans that are convicted of murder 1 or 2 serve on an
average 467 months. This is longer than other states that
have "truth in sentencing".
Co-Chair Therriault questioned the cost of the legislation
past the year 2008. Ms. Knuth responded that the cost would
increase ten fold every 10 years. In FY 2008 it would be $35
thousand dollars. In FY 2018 it would increase to $533
thousand dollars. The cost would be closer to $5 million in
FY 2028. This does not include geriatric costs. She added
that murder 1 and 2 have the lowest recidivism rates of any
criminal group. Sex offenders have poor recidivism rates.
Mr. Armstrong argued that there is an issue of public policy
versus the cost of the legislation.
CSSB 11(JUD) was heard and HELD in Committee for further
consideration
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