03/02/1994 01:40 PM Senate JUD

 CHAIRMAN TAYLOR introduced  SB 286  (CONDITIONS OF PAROLE; EXTEND BD     D    
 OF PAROLE) as the next order of business before the committee.                
                                                                               
 RICHARD COLLUM, Executive Director of the Alaska Parole Board,                
 thanked Chairman Taylor and his staff for preparing some amendments           
 today.  He explained that there were two amendments:  one which               
 would allow one board member to set conditions and the other                  
 amendment would extend the board for ten years.  He pointed out               
 that the sponsor statement contains a typographical error, there              
 are currently 700 felons on parole supervision.                               
                                                                               
 SENATOR LITTLE asked if the members of the board had to be approved           
 every four years.  RICHARD COLLUM clarified that each member is               
 appointed to a five year term with one member being appointed each            
 year.  The Board of Parole falls under the Title 44 sunset                    
 provisions of being reviewed every four years, Legislative Audit              
 does a report every four years.  Mr. Collum noted that Legislative            
 Audit suggested extending the board for ten years.  The audit would           
 then be every ten years.                                                      
                                                                               
 SENATOR DONLEY noted constituents' complaints regarding the board.            
 The complaints suggested that the board discouraged victims from              
 attending the meetings.  He stated that he reviewed the written               
 notification given to victims, it did not seem to have any                    
 problems.  He inquired as to the possibility that a negative                  
 perception was being given orally.  RICHARD COLLUM was sure that              
 the board members and their staff were not discouraging victims.              
 Mr. Collum noted that they rely on institutional probation officers           
 and field probation officers to do much of the notification.  Mr.             
 Collum stated that currently, they had encouraged teleconference              
 testimony by victims.  There was some question regarding whether              
 they would actually do the teleconferencing or whether the                    
 institutions would even permit that.                                          
                                                                               
 CHAIRMAN TAYLOR expressed concern regarding the need for repealers            
 in other sections in order to accomplish the ten year provision.              
 He asked if the ten year provision was of major significance.                 
 RICHARD COLLUM stated that the board does not object to four years;           
 the ten year extension was offered due to Legislative Audit's                 
 suggestion.  The bill was originally heard on the four year basis.            
                                                                               
 SENATOR DONLEY inquired as to the board's role with the furlough              
 program.  RICHARD COLLUM deferred to the Department of Corrections,           
 the Parole Board does not have a role in furlough program.                    
                                                                               
 Number 430                                                                    
                                                                               
 SENATOR HALFORD asked why the first six sections of SB 286 were               
 retroactive to 1986.                                                          
                                                                               
 MICHAEL STARK, Assistant Attorney General and Counsel to the Alaska           
 Department of Corrections and the Parole Board, explained that                
 sections 1-6 were intended to fix loopholes.  The Parole Board is             
 a part-time board which meets every few months and the present                
 statutes require decisions by the board be approved by a quorum of            
 the board, three members.  He noted that traditionally, a single              
 board member, usually in Juneau, would be responsible for setting             
 the supplemental conditions.  There are some standard conditions              
 that apply to every mandatory parolee.                                        
                                                                               
 Mr. Stark informed the committee that recently some prisoners                 
 awaiting release to mandatory parole are challenging the                      
 establishment of their supplemental parole conditions because those           
 decisions were made by a single board member.  In order for the               
 board to set supplemental conditions of mandatory parole, frequent            
 meetings by the board would be required which would create an                 
 unnecessary drain on the State's treasury.  He believed that a                
 single board member is competent to set supplemental conditions and           
 furthermore, the prisoner can object or appeal the proposed                   
 conditions to the entire board.  In response to Senator Halford, he           
 said that sections 1-6 were retroactive to January 1, 1986 because            
 that is when the statute was first enacted which should eliminate             
 some of the litigation and expenses.  This clarifies that the board           
 is not required to meet to set these conditions, the board can                
 delegate that responsibility to one board member.                             
                                                                               
 SENATOR HALFORD asked if there are pending lawsuits on that issue.            
 MICHAEL STARK said yes, there are a number of lawsuits pending.               
 CHAIRMAN TAYLOR asked if the litigation was only on the issue of              
 one board member setting supplemental conditions.  MICHAEL STARK              
 said no, but it is a significant issue that is pending.  Mr. Stark            
 noted that he hoped to moot out this issue by the adoption of the             
 committee substitute.                                                         
                                                                               
 SENATOR HALFORD inquired as to the board's thoughts on having two             
 lists of the board's conditions of parole:   one of mandatory                 
 requirements and the other of permissive requirements.  He                    
 indicated the need to require that a parolee "shall" not possess or           
 control firearms or other dangerous weapons.                                  
 The committee was informed that there are thirteen standard                   
 conditions of which Senator Halford's concern was one.  Weapons,              
 violation of the law, alcohol, association with felons, and others            
 apply to everyone on discretionary or mandatory parole.                       
                                                                               
 MICHAEL STARK noted that a number of inmates have challenged the              
 board's adoption of regulations making mandatory what the                     
 legislature considers discretionary with the board.                           
                                                                               
 SENATOR HALFORD suggested that the thirteen standards be put into             
 the regulations.  MICHAEL STARK said that those standards are                 
 currently reflected in statute.  CHAIRMAN TAYLOR said that they               
 would review this and perhaps, offer an amendment.                            
                                                                               
 CHAIRMAN TAYLOR held SB 286 for further review.