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.