Legislature(2001 - 2002)
04/02/2002 04:14 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
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 second hearing for this bill in the Senate Finance
Committee.
Co-Chair Donley informed the Committee that the Department of
Corrections' new fiscal note, dated March 22, 2002, reflects the
potential savings and costs associated with this legislation. He
stated that the fiscal note's "extensive" fiscal analysis is based
on the State's best estimate of the average cost of housing inmates
combined with data gathered from similar programs operating in
other states. He voiced support "for this conservative" fiscal
analysis, and expressed that implementation of the General
Education Development (GED) program could produce savings extending
beyond the amounts specified in the note, as research indicates
that released inmates who have earned their GED commit less crime
than those who have not. He stressed that a reduction in the rate
of recidivism would produce significant savings to the citizens of
the State, and he opined that additional savings would be incurred
by the "multiplier effect" whereby inmates who refuse to earn their
GED would not be granted the full early release as specified in
State statute; and therefore would not be "back out on the streets"
committing further criminal activity.
Co-Chair Donley offered a motion to adopt the Department of
Corrections $60,300 fiscal note, dated March 22, 2002.
Co-Chair Kelly objected for fiscal note clarification.
Co-Chair Donley identified the fiscal note for the Committee.
Co-Chair Kelly withdrew the objection.
Senator Hoffman stated that this bill specifies that the full "good
time" early release sentence reduction would be applicable to
inmates who earn their GED; however, he asked whether additional
expenses would be incurred by housing inmates, who refuse or fail
to earn their GED, for longer periods of time.
Co-Chair Donley stated that analysis included within the original
Executive branch fiscal note provides that information.
Senator Hoffman asked the specifics of the original fiscal note.
Co-Chair Donley explained that the fiscal note calculates that
approximately 35 percent, or 70 inmates, of the 200 inmates
incarcerated each year would possess a high school diploma;
therefore, approximately 130 inmates would be subject to the GED
requirement. He elaborated that the analysis estimates that
approximately eight percent, or ten inmates, of the 130 would be
incapable of achieving their GED, and therefore, would be exempt
from the requirement. He furthered that another nine inmates would
be excluded from the requirement because they do not speak English;
therefore, he concluded, 111 inmates would be subject to the
requirement on an annual basis.
Co-Chair Donley furthered that expenses associated with the program
would include: providing for tutors; conducting assessments of
incoming inmates; and determining the costs associated with
expanding the program to allow other inmates to earn their GED. He
stated that, annually, approximately sixteen of the 200 inmates
would fail or refuse to earn the GED. He detailed that the new
fiscal note incorporates the program expenses with the expected
program savings to produce, initially, a net increase of $60,000 a
year. He stated that these projections include the costs associated
with housing inmates who do not qualify for early release; however,
he reiterated, this increase might be offset by a reduction in
crime.
Senator Hoffman specified that, initially, the program would incur
additional annual costs of $60,300; however, the amount would
increase to approximately $107,000 in subsequent years.
Co-Chair Donley concurred. He reminded the Committee that the
number of recidivism cases is an average of the data garnered from
the states of Florida and Alabama that have similar programs.
Co-Chair Kelly summarized that the net amount of the fiscal note is
based on cost estimations from the Department of Corrections and
information from the two identified states.
Senator Olson asked whether data is available from other states.
Co-Chair Donley responded that these are the only states that could
supply critical data regarding the success rate of the GED program.
Without objection, the fiscal note from the Department of
Corrections was ADOPTED.
CANDACE BROWER, Program Coordinator and Legislative Liaison, Office
of the Commissioner, Department of Corrections informed the
Committee that 147 State inmates voluntarily earned their GED in
2001, which, she expressed, attests that the Department already
encourages inmates to continue their education. She argued that the
State's recently revised GED test is "normed" against high school
graduates, and the fact that 30 percent of those high school
graduates failed the exam, is cause for concern as, she countered,
this might place inmates at a disadvantage.
Ms. Brower expressed that although the GED requirement is optional,
but encouraged, in Florida, earning the GED is mandatory in order
for the inmate to qualify for the Florida's "good time" sentence
reduction. She asserted that monitoring the requirements of this
legislation would place additional burdens on the Department's
resources.
BRUCE RICHARDS, Special Assistant, Office of the Commissioner
Department of Corrections, testified via teleconference from
Anchorage to voice that Alaska's prison population is "at an all-
time high" and is continuing to grow. He stressed that basing the
fiscal note's recidivism rate on the statistics of Florida and
Alabama might not be the best methodology to use in calculating the
amount of money that would be required to pay for housing inmates
who fail to earn their GED.
Senator Hoffman asked how the State is addressing the rising prison
population situation. He noted that, while this bill encourages
inmates to further their education in order to qualify for more
jobs, the bill could also harm the prison population situation by
mandating longer periods of incarceration for inmates who fail to
earn their GED.
Mr. Richards affirmed that Alaska is one of five or six states with
an increasing prison population, and he noted that although Alaskan
inmates historically serve 66 percent of their sentenced time
compared to 85 percent of the sentenced time in other states,
Alaskan inmates stay in prison longer because of the State's
"stiffer sentencing." He stated he could not provide a solution to
the situation.
Co-Chair Donley commented that recent United States Department of
Justice statistics indicate that Alaska's rate of incarceration is
below the national average; therefore, he stated, "even if we had
an increase, we're still right in the middle compared to other
states as far as the rate of population being incarcerated." He
acknowledged; however, that this information does not address the
Department's growing prison population concern.
Senator Hoffman commented that Alaska Natives comprise a large
segment of the State's prison population, and consequently, he
surmised that of those incarcerated, "that a higher percentage of
Alaska Natives are going to be the ones that do not have" a high
school degree.
Mr. Richards replied that Alaska Natives comprise 37 percent of the
total prison population, and he noted that some of them "have the
added difficulty" of such things as English as a second language.
However, he noted, the bill contains a provision addressing this
concern.
Senator Hoffman argued that this provision is applicable to
individuals who do not speak English; however, excludes those for
whom English is a second language.
Co-Chair Donley clarified that Section 2(A)(iii) of the bill
specifies that individuals for whom English is not their primary
language are exempt from the GED requirement.
Senator Hoffman stated that this language addresses his concern.
Ms. Brower reiterated that the growth of the prison population
presents a problem to the Department because the State continues to
enact laws that perpetuate the population by increasing
incarceration sentences. She expressed that insufficient funding
prevents the Department from adequately addressing the increase in
inmate population, which she contended is reaching "critical mass."
Ms. Brower contended that, while "education is a serious component
in the rate of recidivism," the State must address the serious drug
and alcohol problem that acts as a counter-measure to the benefits
derived from an education.
Co-Chair Kelly interjected that while there are a multitude of
issues that this bill does not address, enactment of this
legislation would not harm the situation.
Senator Ward asked the number of inmates in the State's prison
system.
Mr. Richards responded that the State's current prison population
consists of approximately 4,900 people.
Senator Ward remarked that the State spends more money to address
the educational needs of small northern rural areas, with minimal
results from its investments, than it spends for education in the
Kenai Peninsula. He stated that these poor results are not
necessarily the government's fault as, he asserted, responsibility
starts with parents. He opined that if students do not receive a
"proper education," many would end up in prison.
Senator Ward contended that this bill "is a good step" in providing
individuals with a tool to start taking responsibility for their
own actions, and that a reduction in the rate of recidivism would
result in substantial savings for the State. He voiced that
providing incarcerated individuals with the ability to achieve a
level of higher education would provide them with an opportunity to
become responsible citizens and stay out of jail. He stressed that
"the common thread between every inmate" is that they want to get
out of jail, and they would do whatever is necessary, including
earning their GED, to accomplish that goal. He summarized that
"this is a very good bill."
Co-Chair Donley moved to report the "CS for Sponsor Substitute for
SB 223, Judiciary, with accompanying adopted Senate Finance fiscal
note from Committee with individual recommendations."
Senator Hoffman objected, and stated that this bill's reversal of
the current "good time" sentence reduction combined with the
requirement that inmates earn their GED appears to be "a
punishment." He continued that many people might not be able to
earn their GED and this would cause them "to be more frustrated and
possibly feel more inferior as they are left behind," and he
questioned how this would affect this person when he is "back out
on the street." He stated that while this bill might be "well
intentioned, it's going the wrong direction," and, he stressed that
the focus should be placed on enabling the State's education system
to provide the means "along the way, without the loss of the 'good
time' sentence reduction."
Co-Chair Donley commented that these concerns are addressed in the
newly adopted fiscal note as it includes funding to assess inmate's
circumstances. He argued that provisions within the legislation
would allow the Department's Commissioner to exempt individuals
from the bill's educational requirements, and he asserted that the
bill provides safeguards to protect individuals who demonstrate
effort, but who are unable to earn their GED as well as those
individuals who simply do not have the physical or mental ability
to achieve their GED.
Senator Hoffman spoke to the Department of Correction's analysis
that the prison population is at critical mass. He stated that he
would "be more comfortable" with this legislation if an increase in
prison facilities and a reduction in the ratio of correction staff
to criminals were being actively pursued by the State.
Senator Ward agreed that the overcrowding situation in the State's
prisons must be addressed; however, he stressed that education is
the tool to keeping people out of prisons. He reiterated that
inmates would exert effort to earn their GED if it enabled them to
get out of prison, and that society, in general, would be
supportive of this endeavor. He reiterated that the Commissioner
would have the authority to exempt individuals from the
requirements, and he stressed that this legislation would produce
positive results.
Co-Chair Donley remarked that it would be a minimum of three years
before any "potential, possible" increase in the prison population
would occur as a result of the enactment of this bill. He furthered
that there is sufficient time for the Legislature and the Executive
Branch to continue efforts to provide for additional correctional
facilities.
Senator Olson asked the percentage of inmates who suffer from
learning disabilities caused by such things as Fetal Alcohol
Syndrome.
Co-Chair Donley stated that the fiscal note identifies
approximately 18 percent of the prison population as having these
types of learning disabilities. He reiterated that these
individuals would be exempt from the educational requirements.
Senator Olson asked how many of the 147 individuals who voluntarily
earned their GED were Alaska Natives.
Ms. Brower responded that this information would be provided to the
Committee.
A roll call was taken on the motion.
IN FAVOR: Senator Green, Senator Leman, Senator Olson, Senator
Ward, Senator Wilken, Senator Austerman, Co-Chair Donley, Co-Chair
Kelly
OPPOSED: Senator Hoffman
The motion PASSED (8-1)
CS for SS SB 223 (JUD) was REPORTED from Committee with a new
$60,300 fiscal note, dated March 22, 2002 from the Department of
Corrections.
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