Legislature(2023 - 2024)BELTZ 105 (TSBldg)

03/07/2024 03:30 PM Senate STATE AFFAIRS

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Audio Topic
03:31:17 PM Start
03:32:04 PM SB176
04:52:14 PM Presentation: Department of Corrections (doc) Overview
05:16:10 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Department of Corrections by TELECONFERENCED
Jen Winkleman, Commissioner DOC
*+ SB 176 BOARD OF PAROLE: MEMBERSHIP TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
**Streamed live on AKL.tv**
+ Bills Previously Heard/Scheduled TELECONFERENCED
               SB 176-BOARD OF PAROLE: MEMBERSHIP                                                                           
3:32:04 PM                                                                                                                    
CHAIR  KAWASAKI announced  the consideration  of  SENATE BILL  NO.                                                              
176 "An  Act relating to  the board of  parole; and  providing for                                                              
an effective date."                                                                                                             
                                                                                                                                
3:32:45 PM                                                                                                                    
SENATOR CLAMAN joined the meeting.                                                                                              
                                                                                                                                
3:32:50 PM                                                                                                                    
SENATOR  LOKI   TOBIN,  District  I,  Alaska   State  Legislature,                                                              
Juneau,  Alaska, Sponsor  for SB  176.  She said  she perceived  a                                                              
lack of  diverse member representation,  citing feedback  from the                                                              
Board of Parolees.  Statute indicates that appointments  should be                                                              
reflective  of   regional  population.  Montana  law   includes  a                                                              
provision for  a board member  from a federally  recognized tribe.                                                              
SB   176  proposes   similar  representation   to  enhance   board                                                              
diversity.  The Board  of Parole  is  utilized to  carry out  that                                                              
representation. She  highlighted Oklahoma's requirement  for board                                                              
members   with  mental  health   or  social   work  training   and                                                              
emphasized the  role of parole in facilitating  post-incarceration                                                              
reintegration.  The bill  would repeal vague  and opaque  language                                                              
about parole  denial to  increase transparency  and instill  hope.                                                              
Sponsor statement below:                                                                                                        
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
                    Senator Löki Gale Tobin                                                                                   
                   Education Committee Chair                                                                                  
               SB 176 Board of Parole Membership                                                                              
                       Sponsor Statement                                                                                      
                                                                                                                                
     Senate  Bill 176  expands  the number  of  seats on  the                                                                   
     Alaska Board  of Parole from five to  seven, establishes                                                                   
     criteria for  membership on the board, and  applies ten-                                                                   
     year term limits  to board members. This  expansion will                                                                   
     help  address  the  substantial workload  of  the  board                                                                   
     which  presides  over hundreds  of  hearings  a year  on                                                                   
     discretionary  parole, parole revocation,  geriatric and                                                                   
     medical parole and preliminary hearings.                                                                                   
                                                                                                                                
     SB 176  adds criteria for  membership to create  a board                                                                   
     that more  closely reflects the incarcerated  population                                                                   
     in  Alaska. Alaska  Natives make  up 40  percent of  the                                                                   
     people  incarcerated in  Alaska, yet  are 15 percent  of                                                                   
     the  state's  population.  SB  176  requires  one  board                                                                   
     member to be  a member of a federally  recognized tribe.                                                                   
     In Alaska, the  total number of Alaska Native  people in                                                                   
     prison  is  almost  equal to  the  number  of  Caucasian                                                                   
     people  in  prison. In  the  2021  count, of  the  4,600                                                                   
     people  incarcerated   in  Alaska  prisons   1,895  were                                                                   
     white,   and   1,855   were   Alaska   Natives.   Alaska                                                                   
     Native/Native  American  people made  up  31 percent  of                                                                   
     parole  applicants  in  2022,   reflecting  a  yearslong                                                                   
     trend and,  like the prison  population, is  higher than                                                                   
     the general population proportion.                                                                                         
                                                                                                                                
     80   percent  of   all   individuals   in  the   state's                                                                   
     correctional  system report  a  substance use  disorder.                                                                   
     SB  176 requires  that one  member of  the Parole  Board                                                                   
     have   drug    and   alcohol   rehabilitation    support                                                                   
     experience.                                                                                                                
                                                                                                                                
     Parole  can   be  granted  when  the   board  determines                                                                   
     through  the  hearing  process  that  a  petitioner  has                                                                   
     undergone     appropriate      rehabilitation     during                                                                   
     incarceration and  is no longer a threat  to society. In                                                                   
     numerous   cases  the   board  has   denied  parole   to                                                                   
     individuals  who  have  demonstrated   rehabilitation                                                                      
     relying  on  a condition  in  the  discretionary  parole                                                                   
     statute that  "release of the  prisoner on parole  would                                                                   
     not diminish the seriousness of the crime."                                                                                
                                                                                                                                
     This  provision is  vague and  can be at  odds with  the                                                                   
     intent of  parole and  rehabilitation. In deleting  this                                                                   
     language, SB  176 helps clarify the focus  of the parole                                                                   
     system  on  rehabilitation.  The  courts  at  sentencing                                                                   
     weigh the  seriousness of the crime.  Deleting "diminish                                                                   
     the seriousness  of the crime"  language will  allow the                                                                   
     board  to more  clearly  and accountably  provide  their                                                                   
     rationale for authorizing or denying parole.                                                                               
                                                                                                                                
3:39:06 PM                                                                                                                    
SENATOR MERRICK acknowledged that SB 176 was referred to the                                                                    
Labor and Commerce committee with a fiscal note and wondered why                                                                
it has not been referred to the Finance committee.                                                                              
                                                                                                                                
3:39:29 PM                                                                                                                    
SENATOR TOBIN replied that she anticipates that SB 176 will                                                                     
likely be referred to the Finance committee.                                                                                    
                                                                                                                                
3:39:51 PM                                                                                                                    
SENATOR  MERRICK pointed  out that  SB 176 would  incur an  annual                                                              
fiscal impact  by adding two new  parole board members,  each with                                                              
a compensation of  $50,000. She inquired whether  these additional                                                              
members would be considered state of Alaska employees.                                                                          
                                                                                                                                
3:40:12 PM                                                                                                                    
SENATOR TOBIN  deferred to  a representative  from the  Department                                                              
of Corrections (DOC)  to explain the fiscal notes  and explain the                                                              
current five-member board operation.                                                                                            
                                                                                                                                
3:40:51 PM                                                                                                                    
LOUIE FLORA, Staff,  Senator Loki Tobi, Alaska  State Legislature,                                                              
Juneau, Alaska,  presented on  discretionary parole  decisions. He                                                              
moved to  a slide depicting  parole decisions  from 2013  to 2022,                                                              
indicating  a  rising  trend  over  time  despite  variability.  A                                                              
significant  number of parole  denials have  occurred during  this                                                              
timeline that surpassed historical averages.                                                                                    
                                                                                                                                
3:41:39 PM                                                                                                                    
MR. FLORA moved  to slide 3 that illustrates  a graph representing                                                              
the  disproportionate  number of  incarcerated  Indigenous  people                                                              
across  six   state  prison  systems.   He  noted   that  Alaska's                                                              
statistics are comparable to the other Western states.                                                                          
                                                                                                                                
3:41:58 PM                                                                                                                    
MR. FLORA  moved to  slide 4 and  spoke to  a graph depicting  the                                                              
DOC  budget.  He said  while  parole  may  play  a small  role  in                                                              
releasing incarcerated  individuals,  there are significant  costs                                                              
associated  with  prolonged  incarceration.  As  the  incarcerated                                                              
population  ages, the  cost per  day  for medical  and other  care                                                              
increases.                                                                                                                      
                                                                                                                                
3:42:38 PM                                                                                                                    
MR. FLORA  moved to  slide 5  depicting the  current board  makeup                                                              
for the Alaska Board of Parole:                                                                                                 
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Alaska Board of Parole - current                                                                                         
                                                                                                                                
        • 5 members                                                                                                             
        • 5-year staggered terms until successor appointed                                                                      
          (no term limit)                                                                                                       
        • Geographic representation                                                                                             
        • Governor to appoint with duo regard of the                                                                            
          ethnic, racial, sexual, and  cultural population                                                                      
          of the state                                                                                                          
        • At least one member must have experience in the                                                                       
          field of criminal justice                                                                                             
                                                                                                                                
3:43:06 PM                                                                                                                    
MR.  FLORA moved  to  slide  6 and  spoke  to the  proposed  board                                                              
makeup under SB 176:                                                                                                            
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
        • 7 members                                                                                                             
        • 5-year terms, two term limit                                                                                          
        • Geographic representation                                                                                             
        • Board to include five designated seats:                                                                               
             1. a licensed psychiatrist or psychologist                                                                         
             2. a crime victim, family member or a victim,                                                                      
               or a member of a crime victims advocacy                                                                          
               group                                                                                                            
             3. a person with addiction recovery experience                                                                     
             4. a person with an unconditionally discharged                                                                     
               felony conviction                                                                                                
             5. a member of a federally recognized tribe                                                                        
                                                                                                                                
MR. FLORA said  there is geographic representation  required based                                                              
on judicial  districts. SB  176 seeks to  expand the  parole board                                                              
to seven members,  establish term limits, and designate  seats. He                                                              
highlighted concerns  raised by DOC  and the Department  of Public                                                              
Safety  (DPS) regarding  the fourth  point,  which conflicts  with                                                              
the state's  criminal information  database that currently  cannot                                                              
be  accessed  by  anyone  with   a  historic  felony  charge.  The                                                              
database  is  an important  tool  used  by  the parole  board.  He                                                              
suggested  that  if  SB 176  progresses,  a  committee  substitute                                                              
could be considered.                                                                                                            
                                                                                                                                
3:44:22 PM                                                                                                                    
CHAIR  KAWASAKI   said  various   boards  have  come   before  the                                                              
committee.  He acknowledged  the  difficulty  in  filling some  of                                                              
these  boards   and  questioned   whether  any  of   the  proposed                                                              
positions in SB  176 would be particularly difficult  to fill with                                                              
a designated person.                                                                                                            
                                                                                                                                
3:44:52 PM                                                                                                                    
SENATOR TOBIN replied  that it is a fair question.  She emphasized                                                              
the   importance  of   selecting  board   members  with   critical                                                              
background  experience  to  ensure fair  and  judicious  hearings.                                                              
Senator Tobin  noted that  many boards  have similar  requirements                                                              
for  designated  seats  and  there  is  a  population  that  could                                                              
provide  these   positions  and  services.  Since   SB  176  would                                                              
establish  two  five-year  terms, she  expressed  confidence  that                                                              
there is  ample time to identify  suitable candidates to  meet the                                                              
board's needs or requirements upon  reconsideration of positions.                                                               
                                                                                                                                
3:45:48 PM                                                                                                                    
SENATOR  CLAMAN questioned  the  rationale  behind limiting  board                                                              
membership  to two terms,  particularly if  a member enjoys  their                                                              
work and possesses  the appropriate level of experience.  He cited                                                              
Reverend Patterson  as an example, who served on  the parole board                                                              
for over ten years and brought valuable experience.                                                                             
                                                                                                                                
3:46:31 PM                                                                                                                    
SENATOR   TOBIN   responded   by  acknowledging   the   value   of                                                              
individuals with  extensive knowledge and experience  in providing                                                              
insightful  contributions.   However,  she  highlighted   shifting                                                              
paradigms  in  restorative justice  and  rehabilitation  services,                                                              
emphasizing  the importance  of creating  opportunities for  newer                                                              
and  younger  voices  who  may have  been  deterred  by  long-term                                                              
incumbency. She opined  that turnover and the introduction  of new                                                              
voices is important.  However, an additional term  limit or length                                                              
of service could be considered.                                                                                                 
                                                                                                                                
3:47:36 PM                                                                                                                    
SENATOR  MERRICK referenced  slide  2 and  asked why  there was  a                                                              
significant spike  in discretionary parole decisions  between 2017                                                              
and 2019.                                                                                                                       
                                                                                                                                
3:47:52 PM                                                                                                                    
MR. FLORA replied  that he believes it relates to  Senate Bill 91,                                                              
which   included  provisions   that   enabled  more   incarcerated                                                              
individuals to seek discretionary parole.                                                                                       
                                                                                                                                
3:48:05 PM                                                                                                                    
CHAIR  KAWASAKI asked  if  the trend  averages  around 200  parole                                                              
decisions  annually,  excluding   the  potential  implications  of                                                              
Senate Bill 91 after 2016.                                                                                                      
                                                                                                                                
3:48:31 PM                                                                                                                    
MR. FLORA  replied  that the committee  was provided  with  a fact                                                              
sheet  detailing  parole  data   and  confirmed  Chair  Kawasaki's                                                              
observation.                                                                                                                    
                                                                                                                                
3:48:52 PM                                                                                                                    
SENATOR CLAMAN asked for the definition of "continued parole."                                                                  
                                                                                                                                
3:48:59 PM                                                                                                                    
MR.  FLORA  explained  that 'continued  parole'  refers  to  cases                                                              
where parole  is initially denied,  but the applicant  can reapply                                                              
for consideration  in the future. He deferred  to a representative                                                              
from the parole board for additional clarification.                                                                             
                                                                                                                                
3:49:29 PM                                                                                                                    
MR. FLORA  moved to slide  6 and provided  a snapshot  of specific                                                              
member  requirements  in other  states.  He noted  that  different                                                              
states have taken  various approaches to include  different voices                                                              
on the board.                                                                                                                   
                                                                                                                                
3:49:59 PM                                                                                                                    
SENATOR CLAMAN asked if any other state's statute requires a                                                                    
person who was discharged from a felony conviction to serve on                                                                  
the parole board.                                                                                                               
                                                                                                                                
3:50:14 PM                                                                                                                    
MR. FLORA deferred to invited testifiers to respond.                                                                            
                                                                                                                                
3:50:27 PM                                                                                                                    
MR. FLORA moved to slide 7 depicting a change in statute under                                                                  
AS 33.16.100:                                                                                                                   
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Sec. 33.16.100. Granting of Discretionary Parole.                                                                        
                                                                                                                              
        a) The board may authorize the release of a prisoner                                                                    
          on   discretionary  parole   if  it  determines   a                                                                   
          reasonable probability exists that                                                                                    
                                                                                                                                
        1) the prisoner will live and remain at liberty                                                                         
          without  violating any  laws or conditions  imposed                                                                   
          by the board;                                                                                                         
        2) the prisoner's rehabilitation and reintegration                                                                      
          into  society  will  be  furthered  by  release  on                                                                   
          parole;                                                                                                               
        3) the prisoner will not pose a threat of harm to                                                                       
          the public if released on parole; and                                                                                 
        4) release of the prisoner on parole would not                                                                          
          diminish the seriousness of the crime.                                                                                
                                                                                                                                
        b) If the board finds a change in circumstances in a                                                                    
          prisoner's  parole  release  plan  submitted  under                                                                   
          AS 33.16.130 (a),  or   discovers  new  information                                                                   
          concerning  a  prisoner  who  has  been  granted  a                                                                   
          parole  release  date,  the board  may  rescind  or                                                                   
          revise  the   previously  granted   parole  release                                                                   
          date.  In  reconsidering   the  release  date,  the                                                                   
          procedures  set  out in  AS 33.16.130 (b)  and  (c)                                                                   
          shall be followed.                                                                                                    
                                                                                                                                
MR.  FLORA  explained   that  the  statutory   language  requiring                                                              
someone discharged  from a felony  conviction on the  parole board                                                              
dates back  to 1985  and was based  on a  Supreme Court  case from                                                              
the  1970s.  He  clarified  that SB  176  retains  conditions  for                                                              
prisoners to live  lawfully and abide by board-imposed  terms upon                                                              
release. The  other two conditions  are forward looking  and focus                                                              
on  rehabilitation.   He  highlighted   issues  with   the  fourth                                                              
criterion,  which  has  caused  transparency  concerns  in  parole                                                              
denials despite  meeting all  other requirements.  SB 176  aims to                                                              
address this by  omitting the problematic point  to better support                                                              
rehabilitation-focused parole determinations.                                                                                   
                                                                                                                                
3:52:21 PM                                                                                                                    
MR.  FLORA  moved   to  slide  8  and  acknowledged   the  ongoing                                                              
discussion  about the Alaska  Constitution's provisions  regarding                                                              
the right to  rehabilitation. He emphasized that  the whole intent                                                              
of SB 176 is  to ensure parole decisions align  with principles of                                                              
rehabilitation and transparency.                                                                                                
                                                                                                                                
3:53:37 PM                                                                                                                    
CHAIR KAWASAKI announced invited testimony.                                                                                     
                                                                                                                                
3:54:03 PM                                                                                                                    
MEGAN  EDGE, Prison  Project  Director, American  Civil  Liberties                                                              
Union of Alaska  (ACLU), Anchorage, Alaska, invited  testimony for                                                              
SB 176.  She said she  testifies as a  lifelong Alaskan,  a victim                                                              
of violent  crime, a former  employee of  DOC, and in  her current                                                              
role. She  stated that ACLU of  Alaska supports SB 176  because it                                                              
takes   critical   steps   to   ensure   fair   consideration   of                                                              
incarcerated individuals  by the Alaska Board of  Parole. The bill                                                              
aims  to  uphold  the  board's   responsibility  in  assessing  an                                                              
individual's  potential  success  upon discretionary  parole.  She                                                              
said  her involvement  with Alaska's  parole  system began  during                                                              
her tenure  as a  public information  officer  for DOC, where  she                                                              
participated in  closed parole hearings. Victims  are notified and                                                              
can provide statements  during these hearings, and  each applicant                                                              
is accompanied  by  their Institutional  Probation Officer  (IPO).                                                              
IPOs, who  develop deep  relationships with  their caseloads  over                                                              
years  or decades,  facilitate access  to rehabilitation  programs                                                              
such  as  parenting  classes,  anger  management,  and  vocational                                                              
training. They  also collaborate with community  housing providers                                                              
and  reentry  coalitions  to create  safe  and  effective  reentry                                                              
plans,  so  people   can  return  to  the  community   safely  and                                                              
contribute to  the economy while  also ending cycles  of violence,                                                              
incarceration,  and  harm  within  their  own  families.  In  each                                                              
hearing,  an applicant's  IPO makes  a  recommendation on  whether                                                              
they  believe  an inmate  could  be  a  successful member  of  the                                                              
community.  She  recounted an  example  where an  applicant's  IPO                                                              
strongly recommended  parole, but the board,  having predetermined                                                              
the outcome based  on the seriousness of the crime,  did not focus                                                              
on  his extensive  rehabilitation  efforts  or reentry  plan.  The                                                              
board's  denial   based  on   the  crime's  severity   effectively                                                              
resentences the  individual, despite lacking  sentencing authority                                                              
that rests with  the courts. When it denies parole  because of the                                                              
seriousness  of  the crime,  members  effectively  resentence  the                                                              
person before  them. Many  of the people  going before  the parole                                                              
board  are doing  so after  serving decade's  long sentences.  The                                                              
individual in  question could not  return to the parole  board for                                                              
his next  hearing for  another ten  years. Many applicants  appear                                                              
before  the   board  after   serving  lengthy  sentences,   facing                                                              
challenges  such   as  age-related  employment   difficulties  and                                                              
dwindling  support  networks  over   time.  If  he  is  eventually                                                              
granted  parole, employment  will  be more  challenging to  obtain                                                              
because  of  his age  and  diminished  support system.  The  board                                                              
effectively  retried  him.  The  Parole Board,  appointed  by  the                                                              
Executive Branch, does not have sentencing authority.                                                                           
                                                                                                                                
3:56:51 PM                                                                                                                    
MS.  EDGE  said  when  someone  like  him  is  denied  parole,  it                                                              
contributes  to an  alarming statistic.  Over the  past decade  in                                                              
Alaska, there  has been  a 50  percent increase  in the  number of                                                              
incarcerated  individuals  over  the age  of  fifty.  Commissioner                                                              
Winkelman  has  noted  that  the   aging  and  fragile  population                                                              
significantly  impact the  DOC budget,  with daily  care costs  of                                                              
$202  per  person  not  accounting   for  end-of-life  or  chronic                                                              
disease  care common  among aging  populations.  Such denials  are                                                              
increasingly common,  not just in high-profile cases  but also for                                                              
individuals  convicted  of lesser  offenses,  such  as failure  to                                                              
stop. She noted  a recent shift within the past  three years where                                                              
the   parole  board   has   denied  more   than   twice  as   many                                                              
discretionary  parole  applications   as  it  has  granted,  often                                                              
denying parole to  individuals who have already  served decades in                                                              
prison.  She underscored  that while  the  legislature and  courts                                                              
determine sentencing  structures, the  parole board's  role should                                                              
not  be to  revisit  these  decisions  but rather  to  objectively                                                              
assess an  individual's potential  for success  upon returning  to                                                              
their  community.  SB  176  would help  strike  a  better  balance                                                              
between  the  punitive  and rehabilitative  purposes  of  Alaska's                                                              
criminal  justice  system.  She   clarified  that  punishment  and                                                              
rehabilitation  are  not  exclusive   of  one  another.  When  DOC                                                              
efforts  to   rehabilitate  succeed,   the  parole   board  should                                                              
acknowledge  the   court's  sentence  and  the   contributions  of                                                              
various   professionals   who   help   individuals   with   felony                                                              
convictions become  healthier, safer, and more  functional members                                                              
of  society.  Examples   include  IPOs  who  support   clients  in                                                              
achieving   sobriety  over   years   and   teachers  who   provide                                                              
educational support.                                                                                                            
                                                                                                                                
3:58:46 PM                                                                                                                    
MS. EDGE said  that despite the commissioner's  supportive role in                                                              
reentry  coalitions,   the  parole   board  faces  an   incredibly                                                              
challenging  task.  Members  are  tasked  with  evaluating  parole                                                              
applications   from   individuals    with   complex   backgrounds,                                                              
including  those with  limited  education,  mental health  issues,                                                              
disabilities,  and  non-native  English speakers  and  people  who                                                              
hurt other  people. The  board must  balance these  considerations                                                              
with  its  responsibility   to  protect  the   community,  despite                                                              
lacking   specialized  education,   expertise,   or  law   degrees                                                              
required for  such assessments.  This places  an unfair  burden on                                                              
parole   board   members.   Denying    parole   to   rehabilitated                                                              
individuals  fails  to  recognize   the  efforts  of  incarcerated                                                              
individuals  and many  DOC  employees. SB  176  represents a  step                                                              
toward  correcting  these  issues.  The bill  proposes  two  major                                                              
changes to the  current system: diversifying board  membership and                                                              
removing  vague and  subjective criteria  from parole  eligibility                                                              
determinations. Currently,  membership requirements do  not ensure                                                              
sufficient  diversity on  the board,  including professionals  and                                                              
individuals with  lived experience  who can effectively  assess an                                                              
applicant's  growth  and  prospects   for  success  upon  release.                                                              
Designating  these roles  would ensure that  all perspectives  are                                                              
considered   when  making   parole   decisions.  She   highlighted                                                              
successful  models  from other  states,  such as  Oklahoma,  which                                                              
mandates two rural  board members to have five  years of expertise                                                              
in  mental  health,  substance abuse  services,  or  social  work.                                                              
Similarly,   several  other   states   explicitly  require   board                                                              
representation  from  fields  outside  law  enforcement,  ensuring                                                              
comprehensive perspectives in parole decision-making.                                                                           
                                                                                                                                
4:00:32 PM                                                                                                                    
MS. EDGE  said SB  176 creates  clear roles  and expectations  for                                                              
the parole  board by defining  its purpose and outlining  specific                                                              
member responsibilities.  She clarified that the  board's role has                                                              
never  been   to  impose  sentences,   and  there  should   be  no                                                              
expectation for  board members to fulfill this  judicial function.                                                              
Ms.  Edge  asserted  that  regardless   of  background  or  felony                                                              
status,  everyone   desires  meaningful   work,  fair   employment                                                              
opportunities, and  the ability to help others.  She expressed her                                                              
belief  that  Alaskans  seek healing,  growth  opportunities,  and                                                              
safety.  SB 176  addresses  these goals  while  also saving  state                                                              
funds and ensuring Alaska is a safe place to build a life.                                                                      
                                                                                                                                
4:01:36 PM                                                                                                                    
CHAIR KAWASAKI asked what the incentive is behind SB 176.                                                                       
                                                                                                                                
4:01:46 PM                                                                                                                    
MS.  EDGE replied  that  she  receives  hundreds of  letters  from                                                              
incarcerated   individuals,   noting    a   prevalent   sense   of                                                              
hopelessness  due   to  prolonged  confinement   preventing  their                                                              
return home.  She recounted  the story of  a friend who  may never                                                              
leave prison, leading  him to initially feel uninspired  to engage                                                              
in rehabilitation  programs. However,  after witnessing  a younger                                                              
inmate view  him as  a mentor, he  initiated programming  efforts.                                                              
As a  result, the young  man is set to  return home in  June after                                                              
completing  anger  management  classes, gaining  job  skills,  and                                                              
receiving  treatment  for  behavioral  health  issues,  which  she                                                              
believes enhance  safety within the prison system  and the broader                                                              
community.                                                                                                                      
                                                                                                                                
4:03:29 PM                                                                                                                    
CHAIR  KAWASAKI  asked  why  more   applicants  were  denied  than                                                              
granted  parole   after  2017.  He  also  wondered   whether  many                                                              
individuals  are   unable  to  be  considered   for  discretionary                                                              
parole.                                                                                                                         
                                                                                                                                
4:04:12 PM                                                                                                                    
MS. EDGE deferred to DOC to respond to avoid speculating.                                                                       
                                                                                                                                
4:04:31 PM                                                                                                                    
CHAIR  KAWASAKI introduced  Sylvester Byrd  Jr. He  said Mr.  Byrd                                                              
was incarcerated  for 27 years in the Alaskan  correctional system                                                              
and was released on parole three years ago in May.                                                                              
                                                                                                                                
4:05:08 PM                                                                                                                    
SLYVESTER   BYRD  Jr.,  representing   self,  Anchorage,   Alaska,                                                              
testimony.   He   shared   his  personal   experience   of   being                                                              
incarcerated for  murder as a young  man, one of 35 that  year. He                                                              
described  the emotional  process of appearing  before the  parole                                                              
board,  acknowledging the  weight  of their  responsibilities  and                                                              
highlighting   that  board  members   are  also  individuals.   He                                                              
credited  prison  programs  with  teaching  him  valuable  skills,                                                              
fostering accountability,  and addressing  his behaviors.  He said                                                              
he obtained  certifications in  welding, carpentry,  and cabinetry                                                              
during   his   incarceration.  After   receiving   guidance   from                                                              
institutional  parole officers  (IPOs),  he  shifted his  attitude                                                              
from apathy  to actively  seeking positive  change. He  emphasized                                                              
his  commitment  to distancing  himself  from  those who  are  not                                                              
working to better  themselves and said nobody is  worth going back                                                              
to  prison for.  He  expressed daily  reflection  on  the life  he                                                              
took, drawing  a poignant analogy  to an experience with  a Bonsai                                                              
club in Seward  where pruning halted a tree's  growth permanently.                                                              
Parole applicants are  simply asking for those in  power to uphold                                                              
their end  of the bargain.  Parole is not  a get out of  jail card                                                              
but an  opportunity to plant positive  roots in the  community one                                                              
may  have negatively  impacted. He  acknowledged the  stigma of  a                                                              
felony  conviction   while  appreciating   his  personal   support                                                              
network's impact.  However, not all parole applicants  have access                                                              
to such supportive networks.                                                                                                    
                                                                                                                                
4:11:58 PM                                                                                                                    
CHAIR  KAWASAKI asked  how many  times he went  before the  parole                                                              
board.                                                                                                                          
                                                                                                                                
4:12:07 PM                                                                                                                    
MR. BYRD replied that he only went before the board once.                                                                       
                                                                                                                                
4:12:33 PM                                                                                                                    
SENATOR MERRICK  asked how much  time the board  deliberated after                                                              
the hearing before granting his release.                                                                                        
                                                                                                                                
4:12:46 PM                                                                                                                    
MR.  BYRD replied  that it  took  approximately 30  minutes to  an                                                              
hour before  granting his  release, describing  the experience  as                                                              
nerve-wracking.  He added  that  the total  deliberation time  may                                                              
have been around two hours.                                                                                                     
                                                                                                                                
4:13:18 PM                                                                                                                    
SENATOR  CLAMAN asked  how long  his  total sentence  was and  the                                                              
length of his parole.                                                                                                           
                                                                                                                                
4:13:30 PM                                                                                                                    
MR.  BYRD replied  that his  sentence was  for 123  years with  63                                                              
years suspended,  setting his official  release date for  2035. He                                                              
expressed  his belief  that  he considers  himself  on parole  for                                                              
life, regardless of the official decision.                                                                                      
                                                                                                                                
4:14:06 PM                                                                                                                    
CHAIR  KAWASAKI introduced  Trevor Stefano,  who was  incarcerated                                                              
for 15  years and  is currently  out on parole.  Mr. Stefano  is a                                                              
practicing  paralegal and  Eagle River  resident. He  took a  case                                                              
related  to his  parole to  the Alaska  Supreme Court  and won  on                                                              
appeal.                                                                                                                         
                                                                                                                                
4:14:36 PM                                                                                                                    
TREVOR  STEFANO,  representing self,  Anchorage,  Alaska,  invited                                                              
testimony for  SB 176. He shared  that he was convicted  of felony                                                              
murder  at 19  years  old and  served  approximately  15 years  in                                                              
prison.   During   his   incarceration,   he   pursued   education                                                              
extensively,  earning  degrees through  correspondence  with  UAF,                                                              
and  completing   apprenticeships  in  various   technologies  and                                                              
advanced  paralegal studies,  which  he currently  practices.  His                                                              
case  was brought  to the  Supreme Court.  He referenced  art.III,                                                              
sec.21  of  the  Constitution  of   the  State  of  Alaska,  which                                                              
mandates  a parole  system,  and  art.I, sec.12,  emphasizing  the                                                              
principles   of  reformation   in   criminal  administration.   He                                                              
highlighted the  Alaska Supreme Court's consistent  interpretation                                                              
that rehabilitation  is integral to the parole  process, citing AS                                                              
33.16.102,   which  mandates   the   parole   board  to   consider                                                              
rehabilitation  and societal  reintegration as  key factors.  This                                                              
is one of  four statutory factors  that the board must  find prior                                                              
to granting an  application for discretionary  parole. Oftentimes,                                                              
the parole  board will  grant someone's  discretionary parole  but                                                              
effectively  deny  or  delay  it  for  several  years.  He  stated                                                              
despite  meeting  all requirements  and  completing  court-ordered                                                              
treatments   and  program   recommendations   from   institutional                                                              
probation officers,  his parole was  granted but delayed  for five                                                              
years into the  future. He expressed frustration  with the board's                                                              
decision, questioning  the need  for continued incarceration  when                                                              
no additional rehabilitation  programs were available  to him that                                                              
he  hadn't already  completed.  He highlighted  the  psychological                                                              
impact  on  prisoners  who  perceive   lengthy  delays  in  parole                                                              
eligibility as  discouraging efforts towards  self-improvement and                                                              
posing risks  to institutional security.  He noted that  he housed                                                              
with  others  who  weren't  actively  seeking  rehabilitation  and                                                              
change.  SB 176  offers hope  by  addressing discretionary  parole                                                              
issues. He  urged legislative support  to align the  parole system                                                              
with  rehabilitation  principles  and ensure  fair  treatment  for                                                              
incarcerated individuals  striving for  positive change.  He noted                                                              
that incarcerated  prisoners denied any hope of  fair parole often                                                              
would revert to  fatalism and dangerous behavior,  the opposite of                                                              
what the  system is  designed to  foster. He  then referenced  his                                                              
legal  challenge  regarding  DOC's  regulation  changes  affecting                                                              
release   dates,   which   he   argued   violated   administrative                                                              
procedures.  The  case  reached  the Supreme  Court,  which  found                                                              
violations  of the  Administrative  Procedures  Act. He  critiqued                                                              
the   board's   discretion   in   denying   parole   applications,                                                              
particularly  when  releases  are  delayed  without  justification                                                              
related  to institutional  conduct or  program non-compliance.  He                                                              
stated  when  someone   has  completed  all  required   steps  and                                                              
programs, it  should be a defacto  decision that they  qualify for                                                              
parole. And  he added  that delaying  discretionary parole  due to                                                              
the  severity  of  the crime  only  second  guesses  the  original                                                              
sentencing, which is not the Board's function.                                                                                  
                                                                                                                                
4:26:48 PM                                                                                                                    
CHAIR KAWASAKI  asked for confirmation  that his sentence  was for                                                              
15 years  beginning at age 19.  He also asked whether  he received                                                              
his education while in the correctional system.                                                                                 
                                                                                                                                
4:27:07 PM                                                                                                                    
MR. STEFANO  replied that  he funded  his education and  completed                                                              
print-based  correspondence and  exams facilitated by  educational                                                              
coordinators, which he found time-consuming.                                                                                    
4:27:32 PM                                                                                                                    
CHAIR KAWASAKI asked  if the continuance was being  granted parole                                                              
five years into the future.                                                                                                     
                                                                                                                                
4:27:46 PM                                                                                                                    
MR. STEFANO replied  that during his appearance  before the parole                                                              
board, he  had already obtained  his degree and had  received only                                                              
one disciplinary  write-up  over his ten  years of  incarceration.                                                              
Despite  completing all  required  programs,  the board  scheduled                                                              
his release for 5.5 years into the future.                                                                                      
                                                                                                                                
4:29:30 PM                                                                                                                    
SENATOR CLAMAN asked  the Chair of the Board of  Parole whether he                                                              
operates as a state employee and how much he is compensated.                                                                    
                                                                                                                                
4:30:06 PM                                                                                                                    
LEITONI TUPOU, Chair,  Alaska Board of Parole,  Anchorage, Alaska,                                                              
invited  testimony for  SB  176. He  confirmed  that parole  board                                                              
members  are compensated.  The Chairman  receives  $375 and  board                                                              
members receive $200 daily.                                                                                                     
                                                                                                                                
4:30:42 PM                                                                                                                    
SENATOR CLAMAN  asked if  compensation is  only provided  for days                                                              
when the board meets.                                                                                                           
                                                                                                                                
4:30:53 PM                                                                                                                    
MR. TUPOU  responded that  the chairman and  members of  the Board                                                              
of Parole  will be compensated for  their work today,  following a                                                              
morning hearing.                                                                                                                
                                                                                                                                
4:31:23 PM                                                                                                                    
SENATOR CLAMAN  asked whether the  board would be  compensated for                                                              
days without hearings.                                                                                                          
                                                                                                                                
4:31:27 PM                                                                                                                    
MR. TOPOU replied  that there are generally hearings  for one week                                                              
out of the month.                                                                                                               
                                                                                                                                
4:31:47 PM                                                                                                                    
SENATOR  CLAMAN  asked  for a  further  explanation  of  continued                                                              
parole.                                                                                                                         
                                                                                                                                
4:32:08 PM                                                                                                                    
MR.  TUPOU explained  that decisions  regarding continuous  parole                                                              
are made  on a case-by-case basis  by the board. Depending  on the                                                              
offense,  the  board  may  decide   that  a  prisoner  must  serve                                                              
additional  time  or  complete a  specific  program  before  being                                                              
considered for parole.                                                                                                          
                                                                                                                                
4:32:49 PM                                                                                                                    
CHAIR  KAWASAKI inquired  whether prisoners  eligible for  release                                                              
would need  to appear before the  board again if their  release is                                                              
continued, assuming  no infractions occurred during  their time in                                                              
the facility.                                                                                                                   
                                                                                                                                
4:33:19 PM                                                                                                                    
MR. TUPOU responded  that in certain situations,  prisoners may be                                                              
required to  return to the board  or meet with their IPO  if their                                                              
release is  continued. Once the  specified program  or requirement                                                              
is fulfilled, the prisoner may then be eligible for release.                                                                    
                                                                                                                                
4:33:57 PM                                                                                                                    
CHAIR   KAWASAKI  asked   how  he   interprets   the  concept   of                                                              
'diminishment of the  seriousness of the crime' as  outlined in AS                                                              
33.16.100(a)(4).                                                                                                                
                                                                                                                                
4:34:43 PM                                                                                                                    
MR. TUPOU replied  that the seriousness of an  offense is assessed                                                              
based  on  its  nature  and  severity.   He  emphasized  that  the                                                              
committee should  consider the contrast  between offenses  such as                                                              
murder,  which may  carry a  100-year sentence,  compared to  less                                                              
severe  offenses  like  driving   under  the  influence  (DUI)  or                                                              
shoplifting.                                                                                                                    
                                                                                                                                
4:35:30 PM                                                                                                                    
CHAIR  KAWASAKI  asked  how  the  Board  of  Parole  distinguishes                                                              
between the seriousness  of the same crime that  carries different                                                              
sentence lengths.                                                                                                               
                                                                                                                                
4:35:56 PM                                                                                                                    
MR.  TUPOU  reiterated  that  the Board  of  Parole  assesses  the                                                              
seriousness  of offenses  based  on the  nature of  the crime.  He                                                              
emphasized that  planned murder,  for example, is  considered more                                                              
serious  than   an  altercation  between  siblings   resulting  in                                                              
injury. He  underscored the gravity  of taking a  life, describing                                                              
it as a particularly horrific act.                                                                                              
                                                                                                                                
4:36:59 PM                                                                                                                    
SENATOR   BJORKMAN  asked   about   the  typical   procedures   at                                                              
sentencing  regarding   parole,  specifically   inquiring  whether                                                              
judges  prescribe  in  their  sentence  when  parole  will  become                                                              
available  as part  of  the sentencing  conditions  and how  often                                                              
individuals become eligible for parole upon sentencing.                                                                         
                                                                                                                                
4:37:37 PM                                                                                                                    
MR.  TUPOU   replied  that  eligibility   for  parole   can  vary;                                                              
sometimes  it's clearly  defined by  law, while  other times  it's                                                              
determined   by  the   Department  of   Corrections  (DOC).   Once                                                              
eligibility criteria  are met, the  case file is forwarded  to the                                                              
parole office for further consideration.                                                                                        
                                                                                                                                
4:38:36 PM                                                                                                                    
SENATOR  BJORKMAN  asked  whether  the  next time  a  prisoner  is                                                              
eligible for  an additional board  hearing is dictated by  a judge                                                              
or statute.                                                                                                                     
                                                                                                                                
4:38:50 PM                                                                                                                    
MR. TUPOU  asked if the question  is regarding the  initial parole                                                              
board hearing.                                                                                                                  
                                                                                                                                
4:38:52 PM                                                                                                                    
SENATOR  BJORKMAN  clarified  that   he  is  wondering  about  any                                                              
hearings following the first one.                                                                                               
                                                                                                                                
4:38:53 PM                                                                                                                    
MR.  TUPOU  replied  that  it  is   determined  during  the  first                                                              
hearing.                                                                                                                        
                                                                                                                                
4:38:55 PM                                                                                                                    
SENATOR  BJORKMAN asked  for confirmation  that  the parole  board                                                              
makes that decision.                                                                                                            
                                                                                                                                
4:38:58 PM                                                                                                                    
MR. TUPOU replied that is correct.                                                                                              
                                                                                                                                
4:39:18 PM                                                                                                                    
CHAIR  KAWASAKI  asked  how  much  weight  the  PO  recommendation                                                              
carries when the board of parole meets to make a decision.                                                                      
                                                                                                                                
4:39:54 PM                                                                                                                    
MR. TUPOU  responded  that the board  takes the  IPO or  probation                                                              
officer  recommendation seriously,  but  it does  not dictate  the                                                              
decision.  He provided  an example  of a young  man with  criminal                                                              
history and said  the board decided against the  parole officer in                                                              
this case.                                                                                                                      
                                                                                                                                
4:43:01 PM                                                                                                                    
SENATOR CLAMAN  asked whether  section 3 of  SB 176,  proposing to                                                              
add  a member  with a  felony conviction  in the  state for  which                                                              
they have been  unconditionally discharged, creates  problems with                                                              
the information system run by DPS.                                                                                              
                                                                                                                                
4:43:24 PM                                                                                                                    
LISA  PURINGTON,   Legislative   Liaison,  Department   of  Public                                                              
Safety,  Alaska, responded  to questions  related to  SB 176.  She                                                              
said  under   statute,  criminal   justice  information   includes                                                              
conviction  data, arrest  data, and  other sentencing  information                                                              
that is  not publicly  available. All  conviction and  arrest data                                                              
are  stored in  the database  and  access to  that information  is                                                              
protected.  There  is no  appeal  process  or  time limit  to  the                                                              
felony conviction.                                                                                                              
                                                                                                                                
4:44:50 PM                                                                                                                    
SENATOR  CLAMAN  asked  if  someone   being  discharged  would  be                                                              
prevented from  disclosing information  to a  person even  with an                                                              
unconditional discharge.                                                                                                        
                                                                                                                                
4:45:01 PM                                                                                                                    
MS. PURINGTON replied that is correct.                                                                                          
                                                                                                                                
4:45:02 PM                                                                                                                    
SENATOR  CLAMAN asked  if  there would  be  an exception,  without                                                              
requiring  statute change,  for a  member of  the board of  parole                                                              
who was unconditionally discharged.                                                                                             
                                                                                                                                
4:45:24 PM                                                                                                                    
MS. PURINGTON replied that is correct.                                                                                          
                                                                                                                                
4:46:15 PM                                                                                                                    
CHAIR KAWASAKI opened public testimony and left it open.                                                                        
                                                                                                                                
4:46:45 PM                                                                                                                    
MR. FLORA expressed  the belief that the Board of  Parole is not a                                                              
jury and  does not  determine an  incarcerated person's  sentence.                                                              
He said it  is up to the  board to enact an  incarcerated person's                                                              
right to  rehabilitation and determine  one's ability  for success                                                              
in that regard.                                                                                                                 
                                                                                                                                
4:47:17 PM                                                                                                                    
MR. BYRD  thanked the committee for  allowing him to be  among the                                                              
committee  today.   He  said  programming   provides  incarcerated                                                              
individuals with a  sense of hope. However, prisoners  with a long                                                              
sentence are  overlooked. He expressed  gratitude for  his support                                                              
network  and  the  ability  to  successfully  participate  in  the                                                              
workforce.  The  acknowledgment  from  the  committee  demanded  a                                                              
large amount of trust.                                                                                                          
                                                                                                                                
4:50:29 PM                                                                                                                    
CHAIR KAWASAKI held SB 176 in committee.                                                                                        

Document Name Date/Time Subjects
SB0176A.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Board of Parole Membership Sponsor Statement.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Sectional Analysis.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Fiscal Note.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Parole Quick Facts 2023.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Discretionary Hearings 2022.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Background Article .pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Support Letters.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
DOC Overview - (S) State Affairs 3.7.24.pdf SSTA 3/7/2024 3:30:00 PM
Department of Corrections Overview
SB 176 Support letter6.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Support letter5.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Support letter4.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Support letter3.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Suport letter2.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Support letter1.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
SB 176 Parole time line. Walker.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
ACLU of AK Letter of Support - SB 176.pdf SSTA 3/7/2024 3:30:00 PM
SB 176
DOC Response to S-STA 03.07.2024.pdf SSTA 3/7/2024 3:30:00 PM
SB 176 DOC response