CS FOR SENATE BILL NO. 11(JUD) "An Act relating to good time credits for prisoners serving sentences of imprisonment for certain murders." SENATOR DAVE DONLEY, SPONSOR testified in support of SB 11. He noted that the intent to the legislation was to reduce "good time" provisions for first-degree and second-degree murder to the national average. Inmates would have to serve 85 percent of their sentence. The current average is 66 percent. He observed that his primary concern is for second degree murder. He acknowledged that the state of Alaska's sentencing for first-degree murder is tough, minimum of 20 years to life. He compared second degree sentencing of other states. He suggested that the mandatory sentence be raised for second degree murder from 5 to 10 years. He maintained that there would be a small fiscal impact. Senator Donley explained that if there is manifested justice a lower sentence could be given. Representative Grussendorf observed that murders are committed in emotional states. Senator Donley observed that if the sentencing judge feels that a mandatory sentence is inappropriate the case could be recommended to a three-judge panel. The three-judge panel can overrule the mandatory minimum sentence if there is manifest injustice. He noted that prosecutors could charge manslaughter instead of second degree murder. He referred to the statutes on second degree murder. He noted that second-degree murders involve serious crimes. Representative J. Davies stated that he would like to see a comparison of time actually served. Senator Donley stated that the national standard is 85 percent of sentence served. Representative Austerman asked if there was a new fiscal note. Co-Chair Therriault stated that the fiscal note would continue to be zero. Senator Donley explained the fiscal impact would be reduced because first-degree sentencing would not be changed. Only 15 to 20 percent of second-degree murder cases would be influenced by the legislation. (TAPE CHAANGE, HFC 99-145, Side 1) Representative J. Davies stated that he is sympathetic to the feelings of the victims but expressed concern that law should not be made based on anecdotal information. He stated that the question is how the state's sentencing pattern compares to the national average. Senator Donley replied that the state's sentencing is below other states. Representative J. Davies disagreed. Representative G. Davis expressed concern with the fiscal impact. Co-Chair Mulder expressed surprise that the mandatory minimum for second-degree murder is five years. He felt that there is justification to raise second-degree murder to 10 years. Representative J. Davies asked if there are bench marks for this particular standard. He stressed that more egregious situations would receive longer sentences. Senator Donley stated that the benchmarks are relative to the next step up. He spoke in support of the change to a 10 years minimum sentence for second-degree murder. BRUCE RICHARDS, PROGRAM COORDINATOR, DEPARTMENT OF CORRECTIONS stated that the average sentence for second- degree murder is 42 years. He was not aware of any cases where sentencing was below 10 years. Representative J. Davies stressed that prisoners are already receiving long sentences. Co-Chair Therriault questioned if sentencing would increase if the minimum were raised. Mr. Richards could not answer. He anticipated that sentences would increase. In response to a question by Representative Grussendorf, Mr. Richards reiterated that all of the sentences for second- degree murder were above 10 years. Senator Donley pointed out that the mandatory sentences are not limited to homicide. Representative Grussendorf observed that prosecuting attorneys do not always make a second- degree charge. Cases are plea-bargained down to manslaughter. Manslaughter carries a 20-year maximum sentence. Co-Chair Mulder MOVED to ADOPT proposed committee substitute, work draft 1-LS0148\H, dated 5/16/99. There being NO OBJECTION, it was so ordered. Representative J. Davies MOVED to amend the committee substitute: change "10" to "8" on page 9, line 9. Amendment 1 would place the minimum sentence for second-degree murder. He spoke in support of the amendment. Co-Chair Mulder spoke against the amendment. He emphasized that the minimum amount of time that would be served with good time behavior under a ten-year sentence would be six years. Representative J. Davies argued that the Judicial Council recommended a five year minimum sentence. A roll call vote was taken on the motion to amend "10" to "8". IN FAVOR: Davies, Grussendorf, Moses, Williams OPPOSED: Kohring, Austerman, Bunde, Davis, Therriault, Mulder Representative Foster was absent from the vote. The MOTION FAILED(4-6). Representative Kohring MOVED to report HCS CSSB 11 (FIN) out of Committee with the accompanying fiscal notes. Representative J. Davies OBJECTED. A roll call vote was taken on the motion to move. IN FAVOR: Kohring, Williams, Austerman, Bunde, Davis, Grussendorf, Therriault, Mulder OPPOSED: Davies, Moses Representative Foster was absent from the vote. The MOTION PASSED (8-2). HCS CSSB 11 (FIN) was REPORTED out of Committee with "no recommendation" and a fiscal impact note by the Department of Administration and a zero fiscal note by the Department of Corrections, both notes were published on 5/13/99.