Legislature(1997 - 1998)

04/07/1998 03:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
             SB 287 - WAIVER OF PAROLE CONSIDERATION                           
                                                                               
CHAIRMAN GREEN brought SB 287 before the committee as the final                
order of business.                                                             
                                                                               
Number 314                                                                     
                                                                               
ANNETTE KREITZER, staff to Senator Loren Leman who is the prime                
sponsor of SB 287, read the following sponsor statement into the               
record:                                                                        
                                                                               
"In 1994, the Legislature passed, and the voters approved a                    
constitutional amendment that strengthened the rights of victims of            
crime.  Among the rights enumerated is the right of a victim to be             
present at parole hearings.                                                    
                                                                               
"Senate Bill 287 addresses the emotional trauma for victims when an            
inmate, eligible for parole, waives that parole hearing and                    
essentially ends up on an automatic schedule of reappearances                  
before the Parole Board.                                                       
                                                                               
"This situation is not a common one, but it is still traumatic for             
the victim of the victim's family to gird themselves up for a                  
planned parole hearing and to have that hearing canceled within 24             
hours at the direction of the inmate, only then to be rescheduled              
and canceled every 30 days.                                                    
                                                                               
"This bill puts the inmate on a schedule set by the Board, while               
meeting the ex post facto requirements of Alaska's Constitution in             
Article I, Sections 1 and 7 and the U.S. Constitution in Article I,            
Section 15.                                                                    
                                                                               
"The bill is supported by Victims for Justice."                                
                                                                               
Ms. Kreitzer said the sponsor acknowledges, along with                         
representatives from the Parole Board, that this is not a common               
situation, but the bill tightens a loophole and puts the inmate on             
the schedule of the Parole Board.  If an inmate waives their right             
to a hearing, it puts the inmate on a six-month schedule to come               
back before the board.                                                         
                                                                               
Ms. Kreitzer directed attention to a proposed committee substitute,            
which was drafted after discussions with the Parole Board.                     
                                                                               
Number 284                                                                     
                                                                               
SENATOR MACKIE moved the adoption of CSSB 287(STA) as a working                
document.  Hearing no objection, the motion carried.                           
                                                                               
MS. KREITZER explained that in subsection (d) on page 1, the                   
committee substitute seeks to make plain that rather than before               
the issuance of the board's decision, it is actually talking about             
the hearing.  This subsection would apply to a hearing on a                    
prisoner's application for discretionary parole.  Also, a sentence             
was added on line 14 providing that if a prisoner who has applied              
for a discretionary parole fails to appear for a scheduled hearing             
when  requested to appear, the board shall consider the prisoner's             
application as being withdrawn under this subsection.  That was                
contained in the regulation that is being annulled in Section 2.               
She added that nothing in the legislation prohibits the department             
from coming back in the future and writing a new regulation that's             
clearer.                                                                       
                                                                               
Number 251                                                                     
                                                                               
SENATOR MACKIE questioned the need for the bill if the problem is              
with a Department of Corrections' regulation.  MS. KREITZER                    
responded that it is a small problem and it's not something the                
department may want to take up in regulation.  SENATOR MACKIE said             
he has a problem with trying to legislate regulations.                         
                                                                               
Number 190                                                                     
                                                                               
MICHAEL STARK, Assistant Attorney General, Department of Law, who              
serves as counsel to the Department of Corrections and to the                  
Parole Board, said both the Department of Correction and the Parole            
Board are sensitive to the needs of victims and try to accommodate             
those whenever possible; however, they do not believe that SB 287              
is necessary, that it addresses a problem that doesn't exist.  He              
said the incident that occurred, which was the catalyst for this               
bill, was one individual who had applied for parole and shortly                
before the scheduled hearing withdrew his application because he               
wanted to get an independent psychiatric examination, hoping that              
such an examination would improve his chances for parole.  So the              
individual had a legitimate basis for asking the Board to postpone             
his hearing.  The scheduled hearing was canceled, the victim was               
notified, and the victim was unhappy about that incident.                      
                                                                               
Mr. Stark said the legislation will not fix the problem it is                  
attempting to fix.  What it will do is make that prisoner                      
ineligible to apply for parole for another six-month period.                   
However, when the prisoner applies again and if  something comes up            
and the prisoner decides to withdraw his application again at the              
last minute, the victim will have to be notified again at the last             
minute.                                                                        
                                                                               
Number 150                                                                     
                                                                               
CHAIRMAN GREEN asked how soon, under current regulation, a hearing             
can be rescheduled if a prisoner cancels a scheduled hearing.  MR.             
STARK  replied that the Parole Board meets quarterly on                        
discretionary parole applications, and the regulations require that            
a prisoner submit an application at least seven weeks before the               
next scheduled hearing in order to be considered.  He added that he            
does not believe the Board, without statutory authority, can say               
that a person won't be heard for six more months.  He thinks under             
existing statute they probably have a right to be considered if                
they meet the requirement in submitting their application at least             
seven weeks in advance.  He reiterated that this type of incident              
has not been a problem.                                                        
                                                                               
Number 125                                                                     
                                                                               
SENATOR WARD said this bill is reacting to a victim, and he asked              
Mr. Stark what harm he sees with the legislation.  MR. STARK                   
responded that he doesn't see any egregious harm with the adoption             
of the bill.                                                                   
                                                                               
SENATOR WARD said if there is no harm to it, and if it makes the               
victims more comfortable to know that there is a procedure in                  
place, would that be in the Parole Board's opinion a good policy,              
or do they not consider the victim into the scenario.  MR. STARK               
answered that the Board is very concerned about victims and any                
inconvenience that might be imposed on them, but they don't believe            
this bill addresses that.  If the prisoner resubmits his                       
application in six more months, the very same thing could occur.               
                                                                               
Number 070                                                                     
                                                                               
SENATOR DUNCAN moved that CSSB 287(STA) be passed out of committee.            
CHAIRMAN GREEN objected and stated that the committee needs to take            
more testimony on the bill before moving it out.  A roll call vote             
was taken with the following result:  Senator Duncan voted "Yea"               
and Senators Ward, Mackie and Green voted "Nay."  CHAIRMAN GREEN               
stated the motion failed.                                                      

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