Legislature(1999 - 2000)
05/16/1999 07:58 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 11(JUD)
"An Act relating to good time credits for prisoners
serving sentences of imprisonment for certain murders."
SENATOR DAVE DONLEY, SPONSOR testified in support of SB 11.
He noted that the intent to the legislation was to reduce
"good time" provisions for first-degree and second-degree
murder to the national average. Inmates would have to serve
85 percent of their sentence. The current average is 66
percent. He observed that his primary concern is for second
degree murder. He acknowledged that the state of Alaska's
sentencing for first-degree murder is tough, minimum of 20
years to life. He compared second degree sentencing of other
states. He suggested that the mandatory sentence be raised
for second degree murder from 5 to 10 years. He maintained
that there would be a small fiscal impact.
Senator Donley explained that if there is manifested justice
a lower sentence could be given.
Representative Grussendorf observed that murders are
committed in emotional states. Senator Donley observed that
if the sentencing judge feels that a mandatory sentence is
inappropriate the case could be recommended to a three-judge
panel. The three-judge panel can overrule the mandatory
minimum sentence if there is manifest injustice. He noted
that prosecutors could charge manslaughter instead of second
degree murder. He referred to the statutes on second degree
murder. He noted that second-degree murders involve serious
crimes.
Representative J. Davies stated that he would like to see a
comparison of time actually served. Senator Donley stated
that the national standard is 85 percent of sentence served.
Representative Austerman asked if there was a new fiscal
note. Co-Chair Therriault stated that the fiscal note would
continue to be zero. Senator Donley explained the fiscal
impact would be reduced because first-degree sentencing
would not be changed. Only 15 to 20 percent of second-degree
murder cases would be influenced by the legislation.
(TAPE CHAANGE, HFC 99-145, Side 1)
Representative J. Davies stated that he is sympathetic to
the feelings of the victims but expressed concern that law
should not be made based on anecdotal information. He
stated that the question is how the state's sentencing
pattern compares to the national average.
Senator Donley replied that the state's sentencing is below
other states. Representative J. Davies disagreed.
Representative G. Davis expressed concern with the fiscal
impact.
Co-Chair Mulder expressed surprise that the mandatory
minimum for second-degree murder is five years. He felt that
there is justification to raise second-degree murder to 10
years.
Representative J. Davies asked if there are bench marks for
this particular standard. He stressed that more egregious
situations would receive longer sentences.
Senator Donley stated that the benchmarks are relative to
the next step up. He spoke in support of the change to a 10
years minimum sentence for second-degree murder.
BRUCE RICHARDS, PROGRAM COORDINATOR, DEPARTMENT OF
CORRECTIONS stated that the average sentence for second-
degree murder is 42 years. He was not aware of any cases
where sentencing was below 10 years.
Representative J. Davies stressed that prisoners are already
receiving long sentences. Co-Chair Therriault questioned if
sentencing would increase if the minimum were raised. Mr.
Richards could not answer. He anticipated that sentences
would increase.
In response to a question by Representative Grussendorf, Mr.
Richards reiterated that all of the sentences for second-
degree murder were above 10 years.
Senator Donley pointed out that the mandatory sentences are
not limited to homicide. Representative Grussendorf observed
that prosecuting attorneys do not always make a second-
degree charge. Cases are plea-bargained down to
manslaughter. Manslaughter carries a 20-year maximum
sentence.
Co-Chair Mulder MOVED to ADOPT proposed committee
substitute, work draft 1-LS0148\H, dated 5/16/99. There
being NO OBJECTION, it was so ordered.
Representative J. Davies MOVED to amend the committee
substitute: change "10" to "8" on page 9, line 9. Amendment
1 would place the minimum sentence for second-degree murder.
He spoke in support of the amendment.
Co-Chair Mulder spoke against the amendment. He emphasized
that the minimum amount of time that would be served with
good time behavior under a ten-year sentence would be six
years. Representative J. Davies argued that the Judicial
Council recommended a five year minimum sentence.
A roll call vote was taken on the motion to amend "10" to
"8".
IN FAVOR: Davies, Grussendorf, Moses, Williams
OPPOSED: Kohring, Austerman, Bunde, Davis, Therriault,
Mulder
Representative Foster was absent from the vote.
The MOTION FAILED(4-6).
Representative Kohring MOVED to report HCS CSSB 11 (FIN) out
of Committee with the accompanying fiscal notes.
Representative J. Davies OBJECTED.
A roll call vote was taken on the motion to move.
IN FAVOR: Kohring, Williams, Austerman, Bunde, Davis,
Grussendorf, Therriault, Mulder
OPPOSED: Davies, Moses
Representative Foster was absent from the vote.
The MOTION PASSED (8-2).
HCS CSSB 11 (FIN) was REPORTED out of Committee with "no
recommendation" and a fiscal impact note by the Department
of Administration and a zero fiscal note by the Department
of Corrections, both notes were published on 5/13/99.
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