02/21/2019 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB33 | |
| SB34 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 34 | TELECONFERENCED | |
| += | SB 33 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 21, 2019
3:35 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Peter Micciche
Senator Scott Kawasaki
MEMBERS ABSENT
Senator John Coghill, Vice Chair
Senator Lora Reinbold
COMMITTEE CALENDAR
SENATE BILL NO. 33
"An Act relating to pretrial release; relating to sentencing;
relating to treatment program credit toward service of a
sentence of imprisonment; relating to electronic monitoring;
amending Rules 38.2 and 45(d), Alaska Rules of Criminal
Procedure; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 34
"An Act relating to probation; relating to a program allowing
probationers to earn credits for complying with the conditions
of probation; relating to early termination of probation;
relating to parole; relating to a program allowing parolees to
earn credits for complying with the conditions of parole;
relating to early termination of parole; relating to eligibility
for discretionary parole; relating to good time; and providing
for an effective date."
- HEARD & HELD
CONFIRMATION HEARING(S)
Commissioner, Department of Administration
Kelly Tshibaka - Anchorage
- REMOVED FROM AGENDA
PREVIOUS COMMITTEE ACTION
BILL: SB 33
SHORT TITLE: ARREST;RELEASE;SENTENCING;PROBATION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/23/19 (S) READ THE FIRST TIME - REFERRALS
01/23/19 (S) STA, JUD, FIN
02/07/19 (S) STA AT 3:30 PM BUTROVICH 205
02/07/19 (S) Heard & Held
02/07/19 (S) MINUTE(STA)
02/14/19 (S) STA AT 3:30 PM BUTROVICH 205
02/14/19 (S) Heard & Held
02/14/19 (S) MINUTE(STA)
02/19/19 (S) STA AT 3:30 PM BUTROVICH 205
02/19/19 (S) Heard & Held
02/19/19 (S) MINUTE(STA)
02/21/19 (S) STA AT 3:30 PM BUTROVICH 205
BILL: SB 34
SHORT TITLE: PROBATION; PAROLE; SENTENCES; CREDITS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/23/19 (S) READ THE FIRST TIME - REFERRALS
01/23/19 (S) STA, FIN
02/07/19 (S) STA AT 3:30 PM BUTROVICH 205
02/07/19 (S) Heard & Held
02/07/19 (S) MINUTE(STA)
02/11/19 (S) JUD REFERRAL ADDED AFTER STA
02/12/19 (S) STA AT 3:30 PM BUTROVICH 205
02/12/19 (S) Heard & Held
02/12/19 (S) MINUTE(STA)
02/14/19 (S) STA AT 3:30 PM BUTROVICH 205
02/14/19 (S) Heard & Held
02/14/19 (S) MINUTE(STA)
02/19/19 (S) STA AT 3:30 PM BUTROVICH 205
02/19/19 (S) Heard & Held
02/19/19 (S) MINUTE(STA)
02/21/19 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
JEN WINKELMAN, Director
Division of Probation and Parole
Department of Corrections (DOC)
Juneau, Alaska
POSITION STATRMENT: Answered questions related to SB 33.
KELLY GOODE, Deputy Commissioner
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATRMENT: Answered questions about electronic
monitoring during the hearing on SB 34.
CLAIRE RADFORD, Attorney
Legislative Legal Services
Legislative Affairs Agency
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As the drafting attorney, provided
information related to the CS for SB 34, version M.
ACTION NARRATIVE
3:35:25 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:35 p.m. Present at the call to
order were Senators Kawasaki, Micciche, and Chair Shower.
SB 33-ARREST;RELEASE;SENTENCING;PROBATION
3:36:27 PM
CHAIR SHOWER announced the consideration of SENATE BILL 33 "An
Act relating to pretrial release; relating to sentencing;
relating to treatment program credit toward service of a
sentence of imprisonment; relating to electronic monitoring;
amending Rules 38.2 and 45(d), Alaska Rules of Criminal
Procedure; and providing for an effective date."
He welcomed Ms. Winkelman and Ms. Goode from the Department of
Corrections to respond to questions that came up in the previous
hearing, primarily about ankle monitors.
3:37:01 PM
JEN WINKELMAN, Director, Division of Probation and Parole,
Department of Corrections (DOC), responded to the committee's
request for information about the daily cost of the monitoring
equipment DOC uses. She explained that the individual cost
varies depending on the particular equipment that's required but
the average cost to rent the equipment is $6.75 per day. The
next question was whether there were consequences if an
individual failed to keep their monitoring equipment in
operating order. She checked with staff and learned that a
defendant in pretrial status who does not maintain their
equipment is charged with a misdemeanor for violating their
conditions of release.
CHAIR SHOWER clarified that maintaining equipment is primarily
keeping the battery charged.
MS. WINKELMAN agreed.
SENATOR MICCICHE asked if DOC or the monitoring company knows
when a battery dies.
MS. WINKELMAN explained that when the battery gets low it sends
a warning alert to both the probation officer and the defendant.
If the device stops working, the officer responds to determine
the reason for the failure. She noted that equipment does
malfunction from time to time; failure is not always the result
of a dead battery.
SENATOR KAWASAKI asked how she calculated the average cost of
$6.75.
MS. WINKELMAN explained that she broke the total annual cost
into an average daily cost and divided by the number of
individuals on the program. She noted that the cost of the
various types of monitoring equipment ranges from $3 to $8. If
the circumstances of the arrest relate to alcohol, for example,
the monitoring equipment that's ordered would be very different
than for a defendant whose arrest has no nexus to alcohol.
She advised that to answer the question about what the best
monitor is, she reviewed a list of the things DOC looks for.
These include the capability to attach to the ankle,
notification if the device is tampered with or removed, and a
device that is sealed and shock resistant. She noted that not
all equipment works in all areas of Alaska and that has to be
taken into consideration when contracting with different
companies. For example, DOC has experienced difficulty getting
equipment to work in Bethel and just one type works in Barrow.
3:43:11 PM
KELLY GOODE, Deputy Commissioner, Department of Corrections
(DOC), Anchorage, said DOC is aware of just four or five
companies that manufacture electronic monitoring (EM) equipment.
She offered to follow up with information on which features each
company offers.
CHAIR SHOWER said the primary question now is if the state is
getting the features it needs.
SENATOR MICCICHE said he continues to believe that the private
sector should provide this service, but the specifications and
DOC's requirements need to be clear. He asked if DOC's
requirements and expectations are clear.
MS. GOODE said she reached out to a couple of the providers and
they raised no issues regarding meeting the state's requirements
and expectations. She noted that the committee also expressed
interest in knowing whether these companies could mobilize
quickly should the bill pass. The providers she spoke with said
it would take a little time to ramp up, but they could meet the
need as private contractors.
3:45:54 PM
CHAIR SHOWER stated he would hold SB 33 in committee.
SB 34-PROBATION; PAROLE; SENTENCES; CREDITS
3:46:13 PM
CHAIR SHOWER announced the consideration of SENATE BILL 34 "An
Act relating to probation; relating to a program allowing
probationers to earn credits for complying with the conditions
of probation; relating to early termination of probation;
relating to parole; relating to a program allowing parolees to
earn credits for complying with the conditions of parole;
relating to early termination of parole; relating to eligibility
for discretionary parole; relating to good time; and providing
for an effective date."
He stated that the bill is sponsored by the Rules Committee at
the request of the governor. This is the fifth hearing and
public testimony was taken and is concluded. He noted that the
proposed committee substitute (CS) contains technical changes
requested by Legislative Legal Services and an amendment
requested by the Department of Law (DOL). The intent is to adopt
the CS, have DOL and the drafter give an explanation of the
changes and answer questions, and hold the bill in committee for
further consideration.
3:47:43 PM
SENATOR MICCICHE moved to adopt the work draft CS for SB 34,
work order 31-GS1031\M, as the working document.
3:48:01 PM
CHAIR SHOWER objected for discussion purposes. He noted who was
available to answer questions and asked Ms. Schroeder to come to
the table.
3:48:40 PM
KACI SCHROEDER, Assistant Attorney General, Criminal Division,
Department of Law (DOL), advised that the CS for SB 34, version
M, contains changes requested by DOL on behalf of the Department
of Corrections.
Sections 9 and 10 amend AS 33.16.090, returning discretionary
parole to the pre-Senate Bill 91 law and moving all the
prohibitions to subsection (a). The prohibition that was removed
from subsection (b) is the new language in AS
33.16.090(a)(1)(D). The language in the new subparagraph (E)
clarifies that a prisoner who is not eligible for good time
deduction from their sentence, is also not eligible for
discretionary parole. The prisoners specifically cited as
ineligible are repeat sex offenders or unclassified and class A
sex offenders.
Sections 13 and 14 amend AS 33.16.130, fully reverting to the
pre-Senate Bill 91 language and removing timelines that were
enacted by Senate Bill 91. The original bill was a partial
reversion. The CS also removes a section that was in the
original bill that required people to be on parole for at least
one year. That section will remain in statute in its existing
form. Corresponding to that, the language in AS 33.16.210(c)(1)
on page 10, line 18, is retained. It requires a parolee to have
completed at least one year on parole before a parole officer
may recommend them for early discharge. The original bill
deleted that language.
Section 17 reinserts language that was deleted in the original
bill. It gives the parole board the authority to toll when
somebody is in violation status. Their parole time would not
continue to run throughout the term they are in violation
status. This is consistent with the way probation is done.
3:53:01 PM
CHAIR SHOWER asked if there were questions, particularly about
the provisions that were not in the original bill.
SENATOR MICCICHE asked if the changes in Section 22 were
conforming.
MS. SCHROEDER said Section 22 is the repealer section and the
only change DOL requested was to remove a statute that was
included in error. AS 33.16.090(b)(2) was also added to the
repealer section because of the first change she described that
places all the prohibitions for discretionary parole in AS
33.16.090(a).
SENATOR MICCICHE asked if she would update the bill matrix to
reflect the changes and provide it to the chair for reposting.
MS. SCHROEDER agreed.
CHAIR SHOWER asked the drafting attorney if she had anything to
add.
3:55:25 PM
CLAIRE RADFORD, Attorney, Legislative Legal Services,
Legislative Affairs Agency, Alaska State Legislature, Juneau,
advised that Section 7 was added to update the cross references
as a result of the renumbering in Section 6.
CHAIR SHOWER asked her to walk through the cross references.
MS. RADFORD explained that in Section 6, AS 33.05.040(a)(4) is
repealed and the subsequent paragraphs are renumbered. Because
(a)(5) was cross referenced in AS 33.05.040(b), Section 7 was
added to reflect that it is now (a)(4).
CHAIR SHOWER asked Mr. Edwards if he had anything to add.
3:56:55 PM
JEFFREY EDWARDS, Executive Director, Alaska Board of Parole,
said not at this time.
CHAIR SHOWER removed his objection. Finding no further
objection, he announced that version M was adopted.
CHAIR SHOWER held SB 34 in committee.
3:58:16 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 3:58 pm.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA .pdf |
SSTA 2/21/2019 3:30:00 PM |
Agenda |
| SB 34 Transmittal Letter.pdf |
SSTA 2/21/2019 3:30:00 PM |
SB 34 |
| SB0034A.PDF |
SSTA 2/21/2019 3:30:00 PM |
SB 34 |
| SB 34 Highlights.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB 34 - Probation and Parole Sectional.pdf |
SSTA 2/21/2019 3:30:00 PM |
SB 34 |
| SB0034-1-2-012319-LAW-N.PDF |
SSTA 2/21/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB0034-2-2-012319-COR-Y.PDF |
SSTA 2/21/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| SB0034-3-2-012319-COR-Y.PDF |
SSTA 2/21/2019 3:30:00 PM SSTA 2/26/2019 3:30:00 PM SSTA 2/28/2019 3:30:00 PM |
SB 34 |
| Court System Fiscal Note.pdf |
SSTA 2/21/2019 3:30:00 PM |
Court System FN |
| SB 33 Transmittal Letter.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB0033A.PDF |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM |
SB 33 |
| SB 33 - Pretrial Highilghts.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB 33 - Pretrial Sectional.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM SSTA 3/19/2019 3:30:00 PM |
SB 33 |
| SB33-DOL-FN#1.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM |
SB 33 |
| SB33-DPS-FN#2.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM |
SB 33 |
| SB33-DOA-FN#3.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM |
SB 33 |
| SB33-DOA-FN#4.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM |
SB 33 |
| SB33-DOC-FN#5.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM |
SB 33 |
| SB33-DOC-FN#6.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM |
SB 33 |
| SB33-Court System-FN.pdf |
SSTA 2/21/2019 3:30:00 PM SSTA 3/12/2019 3:30:00 PM SSTA 3/14/2019 3:30:00 PM |
SB 33 |
| SB33&34-GOA Bills Matrix 1-30-19.pdf |
SSTA 2/21/2019 3:30:00 PM |
|
| M.pdf |
SSTA 2/21/2019 3:30:00 PM |
proposed new working draft version m |