Legislature(1993 - 1994)
05/08/1994 01:30 PM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CSHB 334(FIN) am: An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite 30- to 99-year terms of imprisonment for offenders convicted of an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery and who have at least two prior most serious felony convictions; relating to parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three most serious felony convictions; defining `most serious felony' as an unclassified or class A felony offense that is a homicide, assault, kidnapping, sexual offense, or robbery or an attempt or conspiracy to commit, or criminal solicitation of, an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery; and amending Alaska Rule of Criminal Procedure 35. Representative Con Bunde, sponsor of HB 334, testified in support of the bill. Dean J. Guaneli, Chief, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law, also spoke in support of the bill. Diane Schenker, Special Assistant, Officer of the Commissioner, Department of Corrections, spoke to the zero fiscal note in that the Department of Corrections would not be effected until the 15th or 16th year. CSHB 334(FIN) am was REPORTED out of committee with a "do pass,", a zero fiscal note for the Department of Corrections, and fiscal notes for the Department of Administration (UPA)- $181.1, PDA-$207.3, Alaska Court System - $78.1, and for the Department of Law - $112.6. CS FOR HOUSE BILL NO. 334(FIN) am: An Act relating to criminal sentencing; relating to the availability for good time credit for offenders convicted of certain first degree murders; relating to definite 30- to 99-year terms of imprisonment for offenders convicted of an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery and who have at least two prior most serious felony convictions; relating to parole, good time credit, pardon, commutation of sentence, modification or reduction of sentence, reprieve, furlough, and service of sentence at a correctional restitution center for offenders with at least three most serious felony convictions; defining `most serious felony' as an unclassified or class A felony offense that is a homicide, assault, kidnapping, sexual offense, or robbery or an attempt or conspiracy to commit, or criminal solicitation of, an unclassified or class A felony that is a homicide, assault, kidnapping, sexual offense, or robbery; and amending Alaska Rule of Criminal Procedure 35. Co-chair Pearce invited Representative Con Bunde, sponsor of HB 334, to speak to the bill. REPRESENTATIVE BUNDE said that HB 334 had been reported on in the media but wanted to point out that the bill was different than the press presented it. The bill was crafted narrowly to address only repeat offenders that commit serious crimes. Accordingly to the Department of Corrections, this bill would impact approximately 3 to 5 individuals a year. If an individual had committed two serious felonies, the prosecutor then could choose to prosecute under the provisions of HB 334. Representative Bunde wanted the committee to know that, at present, an individual convicted of a third serious felony would spend between 12 to 15 years in jail. With this bill, an individual would spend between 30 to 99, with a provision that said after half a sentence was served, the Governor could waive the rest of the sentence if the prisoner was geriatric and no longer a threat to society. He noted that the fiscal notes were a concern but the rationale was that these individuals would be in the system anyway and this bill could serve as a deterrent. He felt money would be saved by not having to arrest and try these individuals for the fourth, fifth, etc. time, and he asked the committee at what cost did the state place personal loss to victims. Representative Bunde asked Dean J. Guaneli, Chief, Assistant Attorney General, Legal Services Section, Criminal Division, Department of Law, to join him at the table. DEAN GUANELI said the department supported HB 334. He agreed that this version of the bill was much more narrow in the number of crimes it covered, the way it considered prior convictions, the way it gave discretion to the prosecutor, and the type of sentence that could be imposed. He felt it was a more narrow bill than any across the country. In answer to Co-chair Frank, Mr. Guaneli described serious crimes as homicides, rape, murder, manslaughter, armed robbery, felony assault, shootings, and serious child abuse. It did not include such crimes as theft, burglary, or drug dealing. Senator Kerttula pointed out this bill was not an attempt at prevention but it just got the bad guys "off the street." Mr. Guaneli said that a sentence could involve a psychiatrist, or a lesser sentence could be imposed for vehicular manslaughter since the prosecution would be given such discretion in the bill. In answer to Co-chair Frank regarding fiscal notes, Representative Bunde said that public defenders felt more cases would be heard because of HB 334. He felt that was erroneous. Mr. Guaneli believed the potential of going to jail for a longer period of time made the tendency for individuals to fight harder, and the department estimated at least work for one more attorney in their fiscal note. Senator Sharp observed that if an individual was facing life imprisonment that they may leave the state. Representative Bunde said that in some instances individuals could be counseled out of a life of crime because of the long sentence they would face. Mr. Guaneli said that individuals that commit such felonies were out of control and unable to conform to what society wanted regardless of the penalty, and those were the ones that were better off behind bars. Senator Sharp said that some money must be saved by the absence of the "revolving door." Senator Kerttula asked if offenders may become more violent, for example, in a sexual assault, if they knew their sentence would be more severe or the same as murder. Mr. Guaneli said it was hard to assess that sort of thing. A third time rape offense brought a 25 year sentence now and with this bill it would range from 30 to 99 years. He did not feel that those offenders were thinking about sentences when they were being violent. Senator Kerttula commented that the state did not do much for prevention. DIANE SCHENKER, Special Assistant, Officer of the Commissioner, Department of Corrections, said that the effect of HB 334 would not be felt for 10 to 15 years and there was no way to reflect that in a fiscal note. Senator Kelly MOVED for passage of CSHB 334(FIN) am from committee with individual recommendations. No objection being heard, CSHB 334(FIN) was REPORTED out of committee with a "do pass," a zero fiscal note for the Department of Corrections, and fiscal notes for the following departments: Department of Administration (OPA) -$181.1; Department of Administration (PDA) - $207.3; Alaska Court System - $78.1; and the Department of Law - $112.6. Co-chairs Pearce and Frank, Senator Kerttula, Kelly, Sharp and Jacko signed a "do pass."
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