CS FOR SENATE BILL 11(JUD) "An Act relating to good time credits for prisoners serving sentences of imprisonment for certain murders." JAMES ARMSTRONG, STAFF, SENATOR DONLEY testified on behalf of the sponsor in support of SB 11. He read from the sponsor statement: "Senate Bill 11 would reduce good time sentence reduction by one-half for individuals convicted of first and second degree murders. Under Alaska statute 33.20.10, a prisoner is entitled to a deduction of one-third of the term of imprisonment if the prisoner follows the rules of that correctional facility." Persons convicted of first and second degree murder would be dropped down to sixteen and a half percent. Vice-Chair Bunde noted that correctional facilities use "good time" as a bribe for good behavior. He questioned the motivation for the legislation. Senator Donley decided to introduce the legislation after being approached by families of crime victims at a crime victims' memorial. Thirty other states have implemented similar provisions. Some require at least 85% of the sentence be served. Co-Chair Therriault questioned if there is a problem under the equal protection provision. Mr. Armstrong noted that the original bill would have covered first and second degree attempted murder or conspiracy to commit murder in the first degree. These were removed. He did not think that there was a problem with the current legislation. Representative J. Davies observed that the state of Alaska already has longer sentences than most other states. Mr. Armstrong noted that the legislation targets the most heinous offenders. Co-Chair Therriault noted that the legislation is prospective. It would not affect current convictions. In response to a question by Representative Austerman, Mr. Armstrong clarified that the legislation would provide sentencing guidelines of 84.3 percent of sentence. Release for good time is currently at 66.3 percent of sentence. The Department of Corrections estimates that there will be a fiscal impact to the state in the year 2008. Representative J. Davies stated that the estimated impact is approximately $1.2 million dollars. Mr. Armstrong reviewed a handout demonstrating the affect of SB 11 on the current prison population (copy on file). Vice- Chair Bunde stressed that SB 11 "would make a life sentence, truly a life sentence." MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF CORRECTIONS provided information regarding the fiscal impacts of SB 11. The legislation would increase sentences for those convicted of murder 1 or 2. These sentences would have an impact starting in the year 2008. If these sentences had applied since statehood the accumulative impact would have been $50 million dollars to the state in additional incarceration time. She added that age 50 is considered old in prison life. The medical component greatly increases from age 50. There is no way to predict actual costs. She observed that pace makers range in cost from $15 to $50 thousand dollars and gave other examples of the cost of keeping elderly prisoners incarcerated. She emphasized that once a prisoner reaches the age of 43 their recidivism rate drops to 2 percent. The legislation moves release ages from the 50's and 60's to 70's and beyond. She referred to an article, "Should Elderly Convicts be Kept in Prison", which was taken off the Internet (copy on file). (Tape Change, HFC 99 - 138, Side 2) Ms. Knuth acknowledged that there are a few prisoners that receive relatively short sentences for murder 2, 15 - 20 years. She reiterated that the legislation will costly to the state. She pointed out that shorter sentences are generally accompanied by extenuating circumstances. Vice-Chair Bunde questioned how SB 11 affects medical parole. Ms. Knuth noted that there is a parole option for medical circumstances, but emphasized that prisoners have to be essentially a quadriplegic. Prisoners must be non- ambulatory. In response to a question by Representative G. Davis, Mr. Armstrong stressed that the core of the legislation is that murders should not be entitled to the same "good time" release as other prisoners. Ms. Knuth pointed out that Alaskans that are convicted of murder 1 or 2 serve on an average 467 months. This is longer than other states that have "truth in sentencing". Co-Chair Therriault questioned the cost of the legislation past the year 2008. Ms. Knuth responded that the cost would increase ten fold every 10 years. In FY 2008 it would be $35 thousand dollars. In FY 2018 it would increase to $533 thousand dollars. The cost would be closer to $5 million in FY 2028. This does not include geriatric costs. She added that murder 1 and 2 have the lowest recidivism rates of any criminal group. Sex offenders have poor recidivism rates. Mr. Armstrong argued that there is an issue of public policy versus the cost of the legislation. CSSB 11(JUD) was heard and HELD in Committee for further consideration