Legislature(2001 - 2002)
02/26/2002 09:17 AM 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
CS FOR SPONSOR SUBSTITUTE FOR SENATE BILL NO. 223(JUD)
"An Act limiting the award of good time and restricting
release on mandatory parole for prisoners serving certain
sentences who fail to attain certain minimum educational
standards; providing that prisoners having attained or
attaining those educational standards receive good time awards
and availability of release on mandatory parole of one-third
of the term or terms of imprisonment rounded off to the
nearest day; and providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Donley, sponsor, testified this is a "familiar concept"
that would encourage prisoners who do not already have a high
school education to obtain their General Equivalency Diploma (GED)
while in prison. He explained the incentive would be a reduction in
the amount of good time, or non-discretionary parole, available. He
also pointed out the state would be required to make such
educational opportunities available.
Co-Chair Donley informed that Alaska has the "most generous" good
time provisions in the United States, noting a person sentenced to
ten years could be paroled after serving 6 2/3 years. He stated the
national standard is 85 percent compared to 75 percent in Alaska.
He qualified that Alaska laws are tougher for some offenses.
Co-Chair Donley summarized the goal of this legislation is to
encourage offenders to obtain their education. He referenced
studies showing that the rate of recidivism is directly related to
education.
Co-Chair Donley stated it is reasonable to require that parolees
have the ability to read and write. He said this does not unfairly
penalize those inmates who do not obtain a GED because the amount
of good time allowed for their sentences would be the national
average. He added that not providing such a high level of good time
is reasonable because studies show an increased likelihood of
illiterate offenders reentering the criminal justice system.
Co-Chair Donley noted the State of Florida has instituted a similar
program at an estimated savings of $1.9 million due to reduced
recidivism. He qualified Alaska has fewer inmates and the amount
would therefore be lower.
Co-Chair Donley spoke of his efforts to determine the savings,
which are not reflected in the fiscal notes. He noted the
Department of Corrections has attempted to estimate the cost of
housing the approximately 16 inmates per year who would not obtain
a GED. He informed the average annual cost per inmate is $27,000,
which would total approximately $400,000. He compared this amount
to the costs involved with the 41 percent national re-incarceration
rate of offenders without a high school education. He calculated
that of the 111 inmates this legislation would apply to, less the
16 who would remain incarcerated for a longer period, and assuming
the six-percent success rate experienced in the State of Florida,
approximately six former Alaska inmates would not re-offend as a
result of obtaining their GED. He qualified the incarceration costs
would be higher but stressed the cost savings of the six successful
inmates would offset that amount. He listed the costs of crime to
society and injuries to victims of the multiple crimes that might
be committed before an offender is apprehended, plus the expenses
of the criminal justice system.
Co-Chair Donley stressed the only reason to not pass this
legislation is the potential cost of inmates remaining in prison
longer. However, he emphasized the possibility of significant
savings from reduced recidivism.
Co-Chair Donley asked and answered, "Is it the right thing to do?
Absolutely."
Co-Chair Donley asserted educational opportunities as part of
restitution is mandated by the state Constitution. He noted other
states are operating similar programs with success. He indicated he
intended to perform additional research on the recidivism rate in
Alaska in order to accurately calculate the potential savings
involved.
Co-Chair Donley stated that withholding the permanent fund dividend
for an additional year from those who have committed serious crime,
would "more then fund" the additional incarceration expenses of the
inmates who would receive reduced good time. He suggested such a
proposal could be incorporated into this bill, although he
recommended separate legislation.
Senator Wilken asked if this bill is identical to legislation
considered in a previous session.
Co-Chair Donley answered it is and explained the earlier
legislation was introduced during a year when no legislation with
accompanying fiscal notes was passed.
Senator Green asked for clarification of Section 2(a)(1)(A) of the
committee substitute, which gives exemptions to the GED provision
for those who already have a high school education, are incapable
of attaining a diploma, do not speak English, or are of a certain
age or social background.
Co-Chair Donley affirmed and noted this language is consistent with
assumptions made by the Department of Corrections and reflected in
an assessment contained in the fiscal note.
Co-Chair Donley explained Section 2 and detailed the process of
granting good time credit of one-third of the sentence for inmates
who have a high school education or are determined to be incapable
of receiving such. Others, he continued, would receive one-sixth
good time credit unless they obtain a GED while incarcerated.
Senator Hoffman commented the committee substitute is an
improvement over the original bill. He spoke to the unquantifiable
expense of those inmates who do not obtain a GED and subsequently
serve longer portions of their sentences. He suggested performing a
two to three year demonstration project in a controlled setting
before enacting legislation to identify and rectify concerns. He
agreed it has been proven that people with a higher education are
less likely to commit crimes and are more productive citizens.
However, he asserted that placing these assumptions into law is
excessive.
Senator Ward supported this bill. He stated that a demonstration
project has merit, although not as much merit as would a law.
Senator Ward stated that people who are incarcerated have
"problems" with work ethic and educational ability. He asserted
that an overriding factor for a prisoner is "how much time do they
have; when can they get out." He stated that a vast majority of
inmates perform certain actions if they know doing so could reduce
the length of their stay.
Senator Ward told of inmates he has encountered who embrace
religion, sobriety or "anything that the system gives them in order
to make the system happy" and obtain release. He remarked that a
benefit is that occasionally, while "pulling this con upon society,
they get caught up in it and get better".
Senator Ward expressed this legislation addresses those inmates who
had problems that resulted in them not obtaining a high school
education. He commented that many of these people are "getting
through life because they have wits, they are very smart, but they
don't have the foundation and the ability." He said these people do
not want others to know that they are unable to read and that this
is one reason they "turn to crime".
Senator Ward predicted that if education were offered as an
incentive, those inmates would "come to the table" even if it means
admitting they are unable to read well or perform mathematical
functions.
JOE MASON, University of Alaska-Fairbanks, Northwest Campus,
testified via teleconference from Nome in support of the bill and
stressed that statistics prove education reduces recidivism. He
told of teaching audio conference college courses to students
incarcerated at Anvil Mountain Correctional Center and shared the
story of one former inmate student, who later pursued further
education after being released and was voted Student of the Year at
the Northwest Campus. He attested this person today is not the
"anger-filled individual" he was before receiving an education. He
stressed audio conferencing and correspondence courses are
effective methods of providing education to inmates.
Mr. Mason suggested that the inmates who receive an exemption from
the GED requirement due to language, social, age or intelligence
levels should also be required to pursue and meet "measurable
education objectives to improve their skills."
ROSE MUNAFO, Criminal Justice Planner, Inmate Programs, Division of
Institutions, Department of Corrections, testified via
teleconference from Anchorage that no one believes education is not
"a good thing" and that it would contribute to productivity.
SFC 02 # 18, Side A 10:52 AM
Ms. Munafo warned of the fiscal ramifications of this legislation.
She stated that in 1987 or 1988 the budget for criminal education
efforts was reduced by one-half, although the inmate population has
continued to increase and she did not see how the objectives of
this bill could be accomplished within the current level of
funding.
Senator Hoffman asked if the witness supports the legislation.
Ms. Munafo did not. She suggested other methods, such as an
incentive provision allowing inmates to earn additional good time.
Senator Hoffman asked if the witness would endorse a demonstration
project.
Ms. Munafo replied that although she had not considered it, she
would support it.
Senator Ward asked how many prisoners in Alaska have been refused
an opportunity to receive a GED due to budget restraints.
Ms. Munafo did not know of any although noted there is a wait list,
which varies with each institution.
Senator Ward asked the average time on a wait list.
Ms. Munafo was unsure.
Senator Ward clarified the witness' testimony that because of
budget constraints, this legislation would result in additional
costs. However, understood that educational opportunities were
currently available.
BRUCE RICHARDS, Special Assistant, Office of the Commissioner,
Department of Corrections, testified via teleconference from
Anchorage that the increased cost to the Department would be the
longer incarceration of those who do not obtain their GED.
Senator Ward stated there would be no increase to the cost of the
educational program.
Mr. Richards replied there currently is a wait list and that in
order accommodate the additional inmates, funding for additional
"contract hours" of educators would be necessary.
Senator Ward asked if the witness saw providing additional
educational opportunities for inmates to be "a problem".
Mr. Richards did not. He preferred an incentive process of allowing
prisoners to earn additional good time rather than the proposed
method that would remove good time initially and require inmates to
earn that time back. He understood the system in the State of
Florida provides additional good time for those who receive a GED,
rather than a reduction for those who do not.
Senator Ward asked if the one-third-sentence reduction is not an
incentive.
Mr. Richards responded the one-third reduction is already in place
and that making additional good time available would be an
incentive and would be more appropriate.
Co-Chair Donley noted the Executive Branch presented this option
when the earlier legislation was considered. He stressed Alaska
already has the highest good time policy and he argued it is bad
public policy to release inmates earlier.
Co-Chair Donley stated he would support a demonstration project
except that one could not be fairly implemented within the criminal
justice system. He addressed the suggestion of a lapse date,
informing that because this legislation only applies to those with
sentences longer then two years and to those sentenced after the
effective date of the law, the effects would not be apparent for
several years. He noted the additional expenses would not be
incurred until the third year and any savings would not occur until
the fourth year of the new program.
Senator Hoffman commented that adding more available good time
would allow "good people" who obtain a degree, to be released
earlier and become more productive. He surmised this would result
in more savings.
Senator Leman referenced the analysis in the fiscal note relating
to the cost of contractual services to administer the education
program. He asked the current process for administering the GED
examinations.
Ms. Munafo explained the fiscal note reflects the anticipated
additional testing to determine an individual's reading and
mathematic level prior to enrollment in a GED preparation course.
She noted the fiscal note also includes additional "teacher time",
based on 97 students per education provider the previous year and
the projected 111 additional students this legislation would incur.
Senator Leman asked if the teachers would utilize an existing
literacy program.
Ms. Munafo replied a program is in place that is similar to that
used by adult learning centers.
CANDACE BROWER, Legislative Liaison, Office of the Commissioner,
Department of Corrections testified in Juneau, that although the
Department supports education as part of rehabilitation, it is
opposed to the approach contained in this legislation. She stated
the Department currently provides successful educational
opportunities and encourages inmates to improve themselves. She
anticipated less money would be appropriated for the Department's
FY 03 budget and stated this legislation would increase expenses.
She listed the increase of 300 additional inmates since one year
ago and the increase of 919 inmates since 1996. She attributed the
increases to statutory changes that increase sentences.
Ms. Brower cautioned against criminalizing those who lack an
education. She noted that many offenders receive education while on
supervised parole and she spoke to the limited resources for
educational programs available to the Department.
Ms. Brower knew of no other state that makes education a condition
of early release, although many offer incentive programs.
Ms Brower informed the GED examinations have been changed, are more
rigorous and she was unsure how inmates would perform.
Ms. Brower asserted that lowered recidivism is the result of a
number of factors, not only one program.
Co-Chair Donley agreed recidivism is complex, but stressed research
has shown the number one factor relates to the ability to read and
write.
Senator Leman did not want dangerous criminals released early.
However, he wanted others to repay their debt to society in other
ways then being incarcerated in a prison facility.
Co-Chair Donley spoke to the argument of positive incentive. He
told the history of increasing good time from one-quarter of the
sentence to one-third, reiterating it is the highest rate in the
nation. He stated that this legislation provides negative incentive
is misleading. He was more inclined to provide additional good time
for those who did not commit act of violence. He noted the current
good time was increased to one-third was due to difficulties the
Department had with tracking the different amount of good time
available for different inmates convicted of different offenses. He
suggested this issue could be revisited to allow additional good
time for those offenders who did not commit a violent crime and who
received a GED during their incarceration.
Co-Chair Kelly expressed support for the bill.
Co-Chair Kelly ordered the bill HELD in Committee to await data
from the Department of Corrections to incorporate into a fiscal
note.
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