HB 418 An Act extending the termination date of the Board of Parole; and providing for an effective date. HB 418 was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Department of Corrections dated 3/14/94. HOUSE BILL 418 "An Act extending the termination date of the Board of Parole; and providing for an effective date." RENEE CHATMAN, STAFF TO REPRESENTATIVE BETTYE DAVIS, stated that HB 418 would extend the Board of Parole for the customary four-year period under A.S. 44.66.101 (c). Under current law, and without passage of the legislation, the Board is scheduled to end its operations on June 30, 1994. She added that the Board was created in 1960 and has been an essential component of Alaska's criminal justice system. There are currently 700 felons on paroled supervision. Each year, about 400 prisoners are eligible to be released to discretionary parole supervision for a portion of their sentence. In addition, 500 prisoners are released to mandatory parole supervision for a period equal to one-third of their sentence. Ms. Chatman advised that expiration of the Parole Board could not alter the state's responsibility under Title 33, Chapter 16, which provides for prisoners to be eligible for and supervised on discretionary and mandatory parole. 2 Ms. Chatman explained the changes in the committee substitute reflect work of the Senate Judiciary Committee version to SB 286. The committee substitute validates the long standing practice of the board to establish special conditions for mandatory parole by one board member. MICHAEL J. STARK, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, explained that Page 3, Lines 14-28 would delete certain conditions of parole which under present law are discretionary with the Board. The change would remove certain items, at which time they would become mandatory conditions of parole. The conditions would not be deleted, although they would become mandatory conditions of parole. RICHARD COLLUM, EXECUTIVE DIRECTOR, PAROLE BOARD, JUNEAU, stated that under federal law, anyone convicted of a felony would be prohibited from owning or possessing any type of a firearm. The Parole Board has added to that language "all dangerous or deadly weapons". Representative Martin asked why the legislation had not been sent to the House Judiciary and House State Affairs Committee. He pointed out that there was no fiscal note attached to the legislation and that those two committees should have been consulted regarding the legality of the legislation. Mr. Collum replied that changes had been made in the Senate Judiciary Committee. Representative Martin emphasized that the House Judiciary Committee should consider the bill before the House Finance Committee. Mr. Stark explained the changes. The committee substitute would define the original purpose and would extend the life of the Parole Board in order that it may continue to carry on its constitutional and statutory authorities. The committee substitute would also establish supplemental conditions of parole by the entire Board rather than that determination being made by a single board member. Without the requested statutory change, the Board will be required to meet with full membership each time a decision is to be made. He advised that this has significant fiscal impact on the State. The committee substitute would also establish mandatory discretionary conditions of parole. REPRESENTATIVE BETTYE DAVIS stated that the original bill would extend the Parole Board. She drafted a committee substitute to conform to the changes made by the Senate Judicial Committee. Representative Martin MOVED TO RETURN the legislation to the House Judiciary Committee. Representative Hanley echoed Representative Martin's concerns and pointed out that without a fiscal note the bill 3 would not need to come back to the House Finance Committee. Representative Davis requested that the Committee vote on the original bill to extend the Parole Board. Representative Martin WITHDREW THE MOTION. There being NO OBJECTION, the motion was withdrawn. Representative Grussendorf MOVED to report HB 418 out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. HB 418 was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Department of Correction dated 2/18/94.