Legislature(1993 - 1994)
03/02/1994 01:40 PM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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.
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