Legislature(2015 - 2016)BELTZ 105 (TSBldg)
03/21/2016 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
SB 91-OMNIBUS CRIM LAW & PROCEDURE; CORRECTIONS
1:36:59 PM
VICE CHAIR COGHILL announced the consideration of SSSB 91. He
said today the committee would consider the Alaska Criminal
Justice Commission recommendations for community supervision. He
listed the individuals available to answer questions.
1:38:27 PM
JORDAN SCHILLING, Staff, Senator John Coghill, Alaska State
Legislature, presented the Alaska Criminal Justice Commission
recommendations 12 through 18 for community supervision. These
recommendations are public safety enhancements meant to focus
limited resources on offenders that are most likely to
recidivate. They apply the best research to probation
supervision, using swift, certain, and proportional sanctions in
order to reduce recidivism.
Recommendation 12: Implement graduated sanctions and incentives.
MR. SCHILLING described the problem that almost two-thirds of
offenders who are released return to prison within three years.
The commission relied on research to come up with the strategy
to use swift, certain, and proportional sanctions when
responding to technical violations, such as rule violations,
missing an appointment, and alcohol and drug violations. The
commission authorized the Department of Corrections (DOC) to
create graduated sanctions made up of non-incarceration options.
1:40:58 PM
VICE CHAIR COGHILL noted that this new recommendation is found
under Sections 88 and 91.
MR. SHILLING summarized that the sanctions are a new tool in a
probation officer's tool box.
Recommendation 13: Reduce pre-adjudication length of stay and
cap overall incarceration time for technical violations of
supervision.
MR. SCHILLING said the commission discovered that when someone
commits a technical violation, they often spend up to a month in
prison prior to the resolution of the violation. Of those who
are sentenced for a technical violation, nearly half stay in
prison more than one month. He noted that technical violators
make up about one-fifth of the prison population. On average, a
technical violator is spending 106 days in prison and there is
no set maximum amount.
1:43:05 PM
MR. SHILLING reported that the commission recommended a tiered
approach for technical violations of supervision with a cap on
incarceration time. He noted there were several exceptions for
several violations, such as absconding for up to 30 days or not
completing sex offender treatment.
1:43:25 PM
VICE CHAIR COGHILL said this recommendation is found in Sections
65 and 119.
Recommendation 14: Establish a system of earned compliance
credits.
MR. SHILLING explained the idea is to incentivize good behavior
and compliance with probation. Research shows this to be
effective. The commission established an earned compliancy
policy that includes one month of credit for each month
probationers and parolees are in full compliance.
VICE CHAIR COGHILL pointed out that it was in Section 62.
1:44:34 PM
Recommendation 15: Reduce maximum lengths for probation terms
and standardize early discharge proceedings.
MR. SHILLING explained the average length of stay on community
supervision is up 13 percent over the past decade, and failure
is most likely to happen within the first three months. Also, a
large portion of the supervision population is low-risk,
therefore the commission decided to focus supervision resources
on high-risk offenders.
1:46:25 PM
VICE CHAIR COGHILL added that there is now a requirement for a
new risk assessment tool.
MR. SHILLING agreed that DOC is required to conduct a risk and
needs assessment on every offender who is sentenced for 30 days
or more.
He said the commission also recommended capping maximum
probation terms, which were raised by the previous committee.
These are found in Sections 61 and 62. Currently, the maximum
probation term for felony sex offenders has been raised to 10
years, all other felonies to 5 years, domestic violence crimes
to 4 years, second time DUIs remain at 2 years, and all other
misdemeanors are 1 year. This is one area where the sponsor
deviated from the commission's recommendation.
He continued to explain that for certain offenders, the minimum
time needed to serve on probation or parole prior to being
eligible for early discharge was reduced to one year. Also, DOC
would be required to recommend early termination of probation or
parole for someone who has completed all treatment programs and
is in compliance with all supervision conditions. This is
another area where the Senate State Affairs Committee made sex
offenders and un-sentenced, unclassified felons ineligible for
early discharge.
1:48:16 PM
Recommendation 16: Extend good time eligibility to offenders
serving sentences on electronic monitoring.
MR. SHILLING said that unlike those in prison, offenders on
electronic monitoring were previously unable to earn good time.
These are typically low-risk individuals deemed appropriate for
electronic monitoring by DOC.
VICE CHAIR COGHILL commented that the risk assessment tool would
provide conditions such as enrolling in a treatment program.
1:50:18 PM
Recommendation 17: Focus ASAP resources to improve program
effectiveness.
He explained that Alaska's Alcohol Safety Action Program (ASAP)
was originally created to address the needs and issues of drunk
drivers. He said the commission saw that ASAP's scope had
expanded to provide treatment and referrals for offenders who
are referred by the court. Last year only 57 percent of ASAP's
referrals were statutorily mandated, such as for DUIs and MCAs.
The increases in non-mandated referrals to ASAP have limited the
program's effectiveness. The commission recommended limiting
referrals to those the program was originally created for and
are statutorily required.
VICE CHAIR COGHILL pointed out that that language has not been
drafted yet.
MR. SHILLING said it would be included in the upcoming committee
substitute (CS).
VICE CHAIR COGHILL announced that he would be presenting
amendments today.
1:53:02 PM
Recommendation 18: Improve treatment offerings in CRCs and focus
the use of CRC resources on high-need offenders.
MR. SHILLING said the commission found that Community
Residential Centers (CRCs), or half-way houses, are likely
mixing high-risk and low-risk offenders, which can lead to
increased recidivism for low-risk offenders. The commission also
found that treatment is effective and it will require CRCs to
provide evidence-based treatment and a greater degree of
cognitive-behavioral programs.
VICE CHAIR COGHILL said this recommendation is found in Section
132.
1:54:54 PM
VICE CHAIR COGHILL suggested the committee look at items outside
the commission's recommendations: limited driver's license,
administrative license revocations, food stamps, public
assistance, re-entry programs, community work, limiting pretrial
credit to 120 days, suspended entry of judgment, and victim's
rights.
He asked Mr. Razo to comment.
GREGORY RAZO, Chair, Criminal Justice Commission, explained that
the commission was tasked with finding safe and effective ways
of reducing the prison population, so they looked at evidence-
based research regarding how state resources were being used.
They found a number of problems in the area of community
supervision where a vast amount of resources were being used to
supervise low-risk offenders.
The commission found that this population of post-prison
supervision is spread thin across many years, rather than
focused on the initial months after release. The proposal
focuses community supervision dollars where they are most
effective and incentivizes people to complete probations. He
discussed the PACE program, but noted it isn't used across the
court system.
He described the probation revocation process, which sometimes
takes six months to resolve. He noted there are many technical
violations that should be dealt with by using a swift and
certain method consisting of a matrix of graduated sanctions and
incentives. He stressed that technical violations are not new
crimes. The commission recommended caps on incarcerations and
short jail terms for technical violations, as well as incentives
for those who are on probation.
2:01:39 PM
MR. RAZO addressed the recommendations related to ASAP. He
pointed out that Alaska is in an epidemic of alcohol abuse that
fills prisons. The savings achieved by focusing on the front end
will allow for reinvestment in treatment programs, particularly
for Alaska Natives in rural Alaska, but also for cities in the
state.
2:02:40 PM
VICE CHAIR COGHILL thanked those who worked on this area of the
bill.
SENATOR MICCICHE requested copies of the amendments.
2:03:46 PM
At ease
2:04:34 PM
VICE CHAIR COGHILL offered five amendments to version I for
discussion. He said there will be a new version of the bill at
the next meeting.
VICE CHAIR COGHILL explained that Amendment I.5 inserts
reinvestment language that repurposes the Recidivism Reduction
Program (RRP) to provide a vehicle for funding evidence-based
rehabilitation programs and supporting offenders' transition and
re-entry into the community. In addition, the amendment includes
uncodified language to allow funding for violence prevention
programs and services for crime victims within the Council on
Domestic Violence and Sexual Assault.
MR. SHILLING added that rather than spending money on things
that don't work, the amendment takes the RRP and repurposes it
for the next several years. It also includes the Alaska Criminal
Justice Commission in making recommendations to the legislature
on how to best reinvest money saved. It also funds violence
prevention programs within the Council on Domestic Violence and
Sexual Assault.
VICE CHAIR COGHILL said that has been part of the discussion
with the Office of Victims' Rights and the Council on Domestic
Violence and Sexual Assault.
2:07:48 PM
SENATOR COSTELLO asked about the accountability and efficacy of
the programs. She noted that line 17 in the amendment uses
"evidence-based" programs and asked whether there were
accountability measures.
MR. SHILLING noted that "evidence-based" is defined in the bill.
He understood that the money for the programs would be available
through a competitive bid grant process and accountability would
be contained within that process.
SENATOR COSTELLO asked about reporting success or failure data.
MR. SHILLING explained that the commission recommended an
oversight body that follows and tracks the outcomes of this
legislation and also make recommendations to the legislature on
how to best reinvest the money in years to come. That language
will be found in the forthcoming CS.
VICE CHAIR COGHILL commented that there are new concepts and
methodologies in the bill that should have oversight and
feedback.
2:10:02 PM
VICE CHAIR COGHILL explained Amendment I.7 increases the
mandatory minimum by five years for first degree murder and
second degree murder in Section 67 and 68. He referred to Mr.
Moore's comments about needing a mandatory minimum throughout
the bill.
2:11:06 PM
VICE CHAIR COGHILL explained Amendment I.8 requires the parole
board to confer with a corrections officer prior to parole being
granted. This amendment was brought forth by the Department of
Corrections and the last committee. He agreed that parole
officers have first-hand knowledge about prisoners.
SENATOR COSTELLO asked the number of members on the parole board
and whether that includes a corrections officer.
MR. SHILLING replied that there are five members on the board
confirmed by the legislature. There is no requirement for a
corrections officer to sit on the board.
VICE CHAIR COGHILL noted that information about the parole board
could be provided.
2:13:43 PM
MR. SHILLING referred to AS 33.16.020 for information on the
parole board. He related that there are five members on the
board appointed by the governor and confirmed by the
legislature. One must reside in the first judicial district, one
in the third judicial district, and one must reside in either
the second or the fourth judicial district.
VICE CHAIR COGHILL said his expectation is that the correction
officer could provide first-hand information about prisoners.
2:14:47 PM
SENATOR WIELECHOWSKI asked if the amendment would cause a delay
in parole.
VICE CHAIR COGHILL clarified that, currently, in order to
receive parole a prisoner must apply. The bill provides that the
parole board will receive notice of anyone who is eligible for
parole.
2:15:32 PM
MR. SHILLING said there would be an increased number of parole
board hearings due to the bill. He agreed with checking to see
if the amendment would cause a delay in parole.
SENATOR MICCICHE suggested clarifying the criteria of what type
of information can be shared with the department and the board.
2:16:44 PM
VICE CHAIR COGHILL turned to Amendment I.9 which authorizes the
Department of Corrections to enter into contracts for pretrial
electronic monitoring supervision. If contracting is pursued to
administer the 24/7 Sobriety Program, the department may do so
through a competitive procurement process.
He explained that Amendment I.10 restricts misdemeanants from
administrative parole eligibility. He asked who suggested it.
MR. SHILLING said both the Office of Victims' Rights and the
Counsel on Domestic Violence and Sexual Assault have expressed
concern that there could be an issue where policies overlap.
VICE CHAIR COGHILL said the amendments are topics that rose to a
level that required attention, and they could be debated at the
next meeting. He expects a new version of the bill to be ready
by Wednesday. He noted drafting challenges with the bill.
2:20:42 PM
SENATOR COSTELLO requested Mr. Jessee's opinion.
MR. SHILLING added that Mr. Jessee has considerable thoughts on
reinvestment.
2:21:18 PM
JEFF JESSEE, Chief Executive Officer, Alaska Mental Health Trust
Authority, voiced appreciation for the consideration of the
amendments as improvements to SB 91. He said he is particularly
interested in the reinvestment aspect of the bill, which is
essential to releasing more people pre-trial and to the
availability of pre-trial supervision to ensure success of the
parolee and public safety. He noted there is also an element of
reinvestment around community-based services so people coming
out of prison can access services such as the Partners Re-entry
Center where they have access to housing, employment services,
and support for recovery. He spoke of the bill as a huge step
forward in revising the entire criminal justice system. He
concluded that the reinvestment aspects are vital and essential
and he looks forward to continuing to work with the committee.
2:22:51 PM
JANET MCCABE, Member, Partners for Progress, recalled the
history of Partners for Progress and noted they run Therapeutic
Court Support and the Partners Re-entry Center whose purpose is
to reduce recidivism. She said the recommendations in SB 91 are
solidly based on evidence compiled by the PEW Justice
Reinvestment Project. Adopting SB 91 will make Alaska a leader
in criminal justice reform, which has long been needed.
She noted Partners for Progress sees the primary benefits of SB
91 as savings for the state budget, for overall public safety,
for aiding victims, for the welfare of individual families, and
for the good of the whole community that is Alaska. She stated
that closing the revolving door of recidivism is one of the best
ways to maximize the benefits of justice reinvestment. She
provided a case study of homeless felons as an example of a
population needing immediate assistance. She emphasized how the
community can provide the support needed for prevention, save
money, and keep the public safer. She concluded that it is the
intent of Partners for Progress to work proactively with re-
entry non-profits in communities.
2:28:13 PM
VICE CHAIR COGHILL thanked Ms. McCabe.
2:30:27 PM
SENATOR MICCICHE asked about Section 28 that brings "Spice" into
state law. He related that various degrees of charges for Spice
are found in the bill. He asked what happens with Spice under
the fifth degree.
2:31:56 PM
MR. SHILLING explained how Spice is treated in the bill. Dealing
Spice, a 3A substance, is a class B or class C felony depending
on the amount sold. Possession of all drugs is a Class A
misdemeanor, however, possession of Spice is the exception and
is a class B misdemeanor.
SENATOR MICCICHE asked how close this matches the Municipality
of Anchorage drug ordinance.
MR. SHILLING said he did not know how Anchorage treated Spice,
but he recently reached out to the municipal prosecutor for that
information.
SENATOR MICCICHE said he could wait for it.
2:33:34 PM
SENATOR COSTELLO asked if the repealed sections of the bill
could be highlighted.
MR. SHILLING offered to provide an annotated version or a visual
aid.
VICE CHAIR COGHILL thought a visual aid would be best.
He stressed the importance that every stakeholder will be
affected by SB 91.
VICE CHAIR COGHILL held SB 91 in committee with public testimony
open.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB91 Amendment I.5.pdf |
SJUD 3/21/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.8.pdf |
SJUD 3/21/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.7.pdf |
SJUD 3/21/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.9.pdf |
SJUD 3/21/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment I.10.pdf |
SJUD 3/21/2016 1:30:00 PM |
SB 91 |
| SB91 Amendment Summary.pdf |
SJUD 3/21/2016 1:30:00 PM |
SB 91 |
| SB91 Community Supervision Presentation 3.21.16.pdf |
SJUD 3/21/2016 1:30:00 PM |
SB 91 |