04/28/1998 02:09 PM House JUD

CSSB 242(FIN) - FORFEIT GOOD TIME OF SOME SEX OFFENDERS                        
                                                                               
CHAIRMAN GREEN announced the first item of business would be CSSB
(FIN), "An Act providing for the forfeiture of good time                    
sentence credits of sex offenders who fail to successfully complete            
sex offender treatment programs."                                              
                                                                               
Number 0059                                                                    
                                                                               
CRAIG JOHNSON, Legislative Administrative Assistant to Senator                 
Jerry Ward, Alaska State Legislature, presented the bill on behalf             
of the sponsor, extending Senator Ward's apology for being unable              
to attend because of another committee meeting.  Mr. Johnson                   
explained that SB 242 calls for the forfeiture of good time credits            
for those who do not complete their court-ordered treatment                    
programs for sexual offenses; those credits can be for up to one-              
third of a sentence for people who are "model citizens" during                 
their prison terms.  He said it is a simple bill that will cause               
people to take their training.                                                 
                                                                               
Number 0130                                                                    
                                                                               
REPRESENTATIVE BRIAN PORTER asked if there is any way a prisoner               
can try but fail.                                                              
                                                                               
MR. JOHNSON said the Senate had reviewed this program as part of               
its outcome-based budgeting.  They have asked the department to                
look more aggressively at how it measures success and monitors                 
this, and they expect that in the future.  However, attendance is              
the measuring stick now; if prisoners don't attend, they don't                 
pass.                                                                          
                                                                               
Number 0226                                                                    
                                                                               
REPRESENTATIVE CON BUNDE said successful completion would be                   
difficult to judge as to whether any behavior had been modified.               
                                                                               
MR. JOHNSON agreed.  He told members this began the previous year              
in the Senate, with the creation of a study of cultural relevance              
for inmates.  One criticism of this bill is that it discriminates              
against Natives because the training is not necessarily geared to              
them.  Mr. Johnson said this past week, the Department of                      
Corrections had completed a training program for all of their                  
people involved in these types of programs, and they are starting              
to address culturally relevant issues; that is the first step.  The            
second step is that they found in their study that since 1997,                 
there has been a zero recidivism rate for the 400 or so that have              
successfully completed this training.  Mr. Johnson concluded, "So              
once we have the program addressing those that need it, the program            
works.  The third part of that equation is, 'Now get people in the             
program.'  And that is what this legislation does."                            
                                                                               
Number 0342                                                                    
                                                                               
REPRESENTATIVE ERIC CROFT expressed concern about someone who fails            
to complete a first program but completes a second.  He pointed out            
that page 1, line 9, says fails to successfully complete a program.            
                                                                               
MR. JOHNSON replied that passing or failing is pretty much at the              
discretion of the commissioner.  At this point, attending a program            
is success.  Therefore, if a prisoner was ordered to take a program            
and took three programs but only graduated from one, the                       
commissioner could deem that as success.  He said ultimately, the              
success of this type of program is whether a prisoner is back in               
jail; a prisoner must be released before success can be determined.            
                                                                               
Number 0544                                                                    
                                                                               
REPRESENTATIVE CROFT said it seems that part of the difficulty is              
it is phrased in the negative, but he isn't sure yet which way it              
should read.                                                                   
                                                                               
Number 0596                                                                    
                                                                               
REPRESENTATIVE NORMAN ROKEBERG inquired about the current status of            
the sex offender rehabilitation program, given the conversion of               
Hiland Mountain Correctional Center to a women's facility.  He said            
that is where the primary sex offender program was in place.  He               
asked what the Department of Corrections is doing about that.                  
                                                                               
MR. JOHNSON replied that there are programs in several of the                  
institutions now, including Lemon Creek Correctional Center and the            
Palmer Correctional Center.  He said they are looking at expanding             
those facilities to house the treatment programs.                              
                                                                               
Number 0650                                                                    
                                                                               
REPRESENTATIVE ROKEBERG said the inability of the department to                
provide the programs should not be an impediment to this.                      
                                                                               
MR. JOHNSON replied, "And it isn't."  He referred committee members            
to lines  11 and 12, which read, "by the commissioner and the                  
program has been made available to the prisoner by the department."            
He said this bill would not affect a model prisoner in a situation             
where a program was not available.                                             
                                                                               
Number 0692                                                                    
                                                                               
REPRESENTATIVE BUNDE said he reads "a program" to mean simply a                
program, not a specific program in a series of offerings, and if a             
person used bits and pieces but completed what is considered a sex             
offender program, that would suffice.                                          
                                                                               
CHAIRMAN GREEN concurred with that reading.                                    
                                                                               
Number 0730                                                                    
                                                                               
REPRESENTATIVE JEANNETTE JAMES said it seems to be defined by the              
one program that the person is ordered to participate in, and there            
is already a definition somewhere that says what the prisoners are             
supposed to do.  She said she feels comfortable with it, noting the            
testimony that just attending means successful completion.                     
                                                                               
Number 0774                                                                    
                                                                               
JAYNE ANDREEN, Executive Director, Council on Domestic Violence and            
Sexual Assault, Department of Public Safety, came forward and                  
stated support for SB 242.  She told members, "As people know,                 
Alaska has one of the highest rates of sexual assault in the                   
nation, and sex offenders are one of the toughest groups of                    
offenders to rehabilitate.  We know that we can't cure sex                     
offenders.  At the very best - very best - they can be ... taught              
to control their violent impulses.  We think that this bill adds to            
the tools that the Department of Corrections, as well as the state             
of Alaska, has in holding offenders accountable for meeting the                
requirements of their sentence, and we fully support it."                      
                                                                               
Number 0800                                                                    
                                                                               
REPRESENTATIVE ETHAN BERKOWITZ asked whether there is enough                   
program space to accommodate all the offenders currently.                      
                                                                               
MS. ANDREEN said she doesn't know, but she knows that the                      
Department of Corrections has a couple of programs available in the            
facilities.  In the past, there has been a waiting list; she said              
she would defer to the department to address that.                             
                                                                               
Number 0843                                                                    
                                                                               
REPRESENTATIVE CROFT referred to AS 33.16.220, revocation of                   
parole, and noted that the board may revoke parole if the person               
has violated an order to participate in or comply with the                     
treatment plan.  He said there is a "may" for everybody else, but              
it is mandatory for sex offenders.  That may make sense, but it is             
not really adding a new tool so much as making it mandatory for a              
specific crime where there is a high recidivism rate and a tough               
rehabilitation task.  He asked whether that is accurate.                       
                                                                               
Number 0889                                                                    
                                                                               
MS. ANDREEN said that would also have to be deferred to the                    
Department of Corrections.  She added, "My understanding is that if            
the court orders that an offender complete a program, that the                 
Department of Corrections does withhold their good time if they do             
not complete that program.  My understanding is ... they have less             
clear guidelines around it if someone's just been ordered to                   
participate."                                                                  
                                                                               
Number 0939                                                                    
                                                                               
LAUREE HUGONIN, Director, Alaska Network on Domestic Violence and              
Sexual Assault, came forward to testify, stating that the network              
supports the bill.  She said their concerns about spacing and how              
it was worded had been resolved.  She agreed that sex offenders are            
not the easiest to rehabilitate, and she expressed support for                 
whatever mechanisms can be put in place to keep them from                      
reoffending.                                                                   
                                                                               
Number 0984                                                                    
                                                                               
REPRESENTATIVE BERKOWITZ asked whether Ms. Hugonin knows if there              
is enough program space to accommodate all the prisoners.                      
                                                                               
MS. HUGONIN said she didn't know.                                              
                                                                               
Number 1042                                                                    
                                                                               
REPRESENTATIVE BUNDE made a motion to move CSSB 242(FIN) out of                
committee with individual recommendations and with the attached                
fiscal note(s).                                                                
                                                                               
CHAIRMAN GREEN asked whether there was any objection.  Hearing                 
none, he announced that CSSB 242(FIN) was moved from the House                 
Judiciary Standing Committee.