04/20/2001 01:18 PM House JUD

HB 49 - EXTEND TERMINATION DATE FOR BD OF PAROLE                                                                              
                                                                                                                                
Number 1190                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG  announced that the  next order of  business would                                                               
be HOUSE BILL  NO. 49, "An Act extending the  termination date of                                                               
the Board of Parole; and providing for an effective date."                                                                      
                                                                                                                                
Number 1174                                                                                                                     
                                                                                                                                
LARRY  JONES,   Executive  Director,   State  Board   of  Parole,                                                               
Department of  Corrections (DOC), explained that  the Division of                                                               
Legislative Audit  has performed  a sunset review  and recommends                                                               
that the  State Board of Parole  be extended.  He  added that the                                                               
State Board of Parole supports HB  49.  In response to questions,                                                               
he  said   the  final  audit  report   makes  three  perfunctory,                                                               
administrative-type recommendations,  none of which  will require                                                               
statutory changes.   He  noted that  the audit  report recommends                                                               
that the termination  date be extended to June  30, 2005, whereas                                                               
HB 49  provides for a June  30, 2006, termination date.   He also                                                               
mentioned  that  in  past years,  [the  Division  of  Legislative                                                               
Audit] has  been trying to  provide for longer  termination dates                                                               
for  the State  Board  of Parole  because of  the  cost of  doing                                                               
reviews more often.                                                                                                             
                                                                                                                                
REPRESENTATIVE  COGHILL commented  that parole  officers seem  to                                                               
have  a lot  of power  without a  lot of  oversight, and  he then                                                               
inquired about accountability.                                                                                                  
                                                                                                                                
MR.  JONES, in  response, and  for clarification,  said that  the                                                               
State Board of  Parole is an autonomous board  that is ostensibly                                                               
associated  with  the DOC  but  is  officially  a board  that  is                                                               
appointed by  the governor.   He  noted that  the State  Board of                                                               
Parole is  placed in the  DOC for administrative  expediency, but                                                               
is  very self-contained  and is  strictly  concerned with  parole                                                               
hearings.   He said  that the State  Board of  Parole consciously                                                               
tries  to  stay  out  of   the  DOC'S  business,  which  includes                                                               
oversight of parole officers.   And although he acknowledged that                                                               
the State Board  of Parole interacts everyday  with "the system",                                                               
he maintained  that the State Board  of Parole does not  have any                                                               
authority  over parole  officers.   He  remarked  that the  State                                                               
Board of Parole highly respects  the parole officers of the state                                                               
of  Alaska,  and  feels  that  the  parole  officers  do  a  very                                                               
commendable job.                                                                                                                
                                                                                                                                
CHAIR ROKEBERG asked whether any  steps have been taken to follow                                                               
through with  the audit report's  Recommendation No.  1 regarding                                                               
notification of a victim's right to comment at parole hearings.                                                                 
                                                                                                                                
MR. JONES  noted that  over the  last few  years there  have been                                                               
statutory  additions to  the parole  process  that have  provided                                                               
victims' rights, such as allowing  victim participation at parole                                                               
hearings, which  the State  Board of Parole  views as  a positive                                                               
thing.    As  more  victims  become aware  of  those  rights,  he                                                               
explained,  they are  becoming  more participative,  which has  a                                                               
profound impact  on the  decisions made at  parole hearings.   In                                                               
response  to  the question  regarding  Recommendation  No. 1,  he                                                               
reported that  current statute  holds the  State Board  of Parole                                                               
responsible  for  notifying  a   victim  of  an  upcoming  parole                                                               
hearing, but  in practice, it  is the  DOC that carries  out that                                                               
responsibility.   Recommendation  No. 1  suggests that  the State                                                               
Board  of Paroled  should develop  a Memorandum  of Understanding                                                               
(MOU) with  the DOC to formally  reflect that it is  the DOC that                                                               
performs this service.   He noted that since the  DOC maintains a                                                               
database of  victims, and  since the State  Board of  Parole only                                                               
has a  staff of five,  it makes logistical  sense for the  DOC to                                                               
continue with the notification process;  thus the MOU will simply                                                               
acknowledge  in writing  what is  already being  done.   He added                                                               
that he  and the "victims'  rights coordinator" from the  DOC are                                                               
in the process of drafting the MOU.                                                                                             
                                                                                                                                
Number 0772                                                                                                                     
                                                                                                                                
MR. JONES,  with regard to  Recommendation No. 2,  explained that                                                               
there are five citizen board members,  none of which are State of                                                               
Alaska employees,  and most serve on  the board for a  long time;                                                               
for instance, the  current board chair has been on  the board for                                                               
18  years.    Current  statute, he  continued,  states  that  the                                                               
governor  shall set  the board  members' compensation,  which was                                                               
last set  in 1984 by Governor  Sheffield at $150 per  day and $75                                                               
per half-day.   He relayed  that the audit report  indicates that                                                               
the State  Board of Parole  should submit something  more current                                                               
with regard to compensation of board members.                                                                                   
                                                                                                                                
REPRESENTATIVE  COGHILL asked  how  out-of-state inmates  receive                                                               
parole hearings.                                                                                                                
                                                                                                                                
MR. JONES  explained that  the State Board  of Parole  travels to                                                               
Arizona for "face-to-face hearings."                                                                                            
                                                                                                                                
Number 0626                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES moved to report  HB 49 out of committee with                                                               
individual  recommendations  and  the accompanying  fiscal  note.                                                               
There  being no  objection, HB  49  was reported  from the  House                                                               
Judiciary Standing Committee.