ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                       February 12, 2019                                                                                        
                           3:34 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator John Coghill, Vice Chair                                                                                                
Senator Scott Kawasaki                                                                                                          
Senator Peter Micciche                                                                                                          
Senator Lora Reinbold                                                                                                           
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Mike Shower, Chair                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Lieutenant Governor Successor                                                                                                 
Dr. Michael A. Johnson - Juneau                                                                                                 
                                                                                                                                
     - CONFIRMATION ADVANCED                                                                                                    
                                                                                                                                
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                                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
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                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
DR. MICHAEL JOHNSON, PhD., nominee                                                                                              
Lieutenant Governor Successor and                                                                                               
Commissioner, Department of Education and Early Development                                                                     
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Testified as the nominee for Lieutenant                                                                   
Governor Successor.                                                                                                             
                                                                                                                                
JOHN SKIDMORE, Director                                                                                                         
Criminal Division                                                                                                               
Department of Law                                                                                                               
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions related to SB 34.                                                                      
                                                                                                                                
JEN WINKELMAN Director                                                                                                          
Division of Probation and Parole                                                                                                
Department of Corrections                                                                                                       
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Answered questions related to SB 34.                                                                      
                                                                                                                                
JEFF EDWARDS, Executive Director                                                                                                
Division of Probation and Parole                                                                                                
Department of Corrections                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT: Answered questions related to SB 34.                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:34:26 PM                                                                                                                    
VICE CHAIR JOHN COGHILL called  the Senate State Affairs Standing                                                             
Committee meeting  to order at 3:34  p.m. Present at the  call to                                                               
order were  Senators Kawasaki, Micciche, and  Vice Chair Coghill.                                                               
Senator Reinbold arrived soon thereafter.                                                                                       
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
                    CONFIRMATION HEARING(S)                                                                                 
                 Lieutenant Governor Successor                                                                              
                                                                                                                                
3:36:06 PM                                                                                                                    
VICE CHAIR  COGHILL announced  that the  first order  of business                                                               
would be  consideration of the governor's  appointment of Michael                                                               
Johnson as Lieutenant Governor Successor under AS 39.05.080.                                                                    
                                                                                                                                
3:36:41 PM                                                                                                                    
DR.   MICHAEL  JOHNSON,   PhD.,   nominee,  Lieutenant   Governor                                                               
Successor, and  commissioner for the Department  of Education and                                                               
Early Development  said it is a  privilege to be selected  as the                                                               
lieutenant governor  successor, but  he hopes  to never  serve in                                                               
that role. He related that he  came to Alaska one summer and fell                                                               
in love with  the kids. This led  to a job with  the Copper River                                                               
School District as a teacher's  aide, then an elementary teacher,                                                               
and finally as the superintendent. In  2016 he was selected to be                                                               
the commissioner of  education and he is continuing  in that role                                                               
under the current administration.                                                                                               
                                                                                                                                
VICE CHAIR COGHILL  thanked Dr. Johnson for  stepping forward and                                                               
for  the  work he  has  done  to  address the  opportunities  and                                                               
challenges of education in Alaska.                                                                                              
                                                                                                                                
VICE CHAIR  COGHILL asked Dr. Johnson  to comment on his  view of                                                               
the  statutory responsibilities  of the  lieutenant governor  and                                                               
what he would bring to that office.                                                                                             
                                                                                                                                
COMMISSIONER JOHNSON  offered his understanding that  in addition                                                               
to  upholding the  oath  of office,  the  lieutenant governor  is                                                               
primarily responsible  for elections; public notaries;  the state                                                               
seal;  and the  signing, publishing,  and filing  of regulations.                                                               
What he would  bring to the position is his  experience leading a                                                               
multi-division state  department, a complex school  district, and                                                               
the confidence of the governor.                                                                                                 
                                                                                                                                
3:39:58 PM                                                                                                                    
SENATOR REINBOLD joined the committee.                                                                                          
                                                                                                                                
VICE CHAIR COGHILL asked if he  had looked at the limitations and                                                               
flexibilities of the regulations,  this governor's perspective of                                                               
them, and how he would approach them as lieutenant governor.                                                                    
                                                                                                                                
COMMISSIONER   JOHNSON  replied   he  had   not  looked   at  the                                                               
limitations or  flexibilities, but  he would  follow the  law and                                                               
the constitution.                                                                                                               
                                                                                                                                
VICE CHAIR COGHILL commented that  he has found the Department of                                                               
Law to be  a good counselor, but their guidelines  are often very                                                               
narrow and could be challenged.                                                                                                 
                                                                                                                                
3:41:35 PM                                                                                                                    
SENATOR KAWASAKI,  noting that he  brought up following  the law,                                                               
highlighted   that  the   governor  introduced   SB  39   in  the                                                               
supplemental budget to  remove $20 million from  the base student                                                               
allocation. He asked Dr. Johnson if  he believes the law the 30th                                                               
Legislature  passed last  year  will be  enforced  and when  that                                                               
money will be allocated to the school districts.                                                                                
                                                                                                                                
VICE  CHAIR COGHILL  said  that while  the  hearing is  primarily                                                               
about  the  lieutenant  governor   successor,  the  question  was                                                               
appropriate based on Dr. Johnson's  statement about following the                                                               
law.                                                                                                                            
                                                                                                                                
COMMISSIONER JOHNSON  agreed that  the question  was appropriate.                                                               
He  offered  his  understanding  that  it  would  be  up  to  the                                                               
legislature to decide whether or not  to pass [SB 39] which would                                                               
change the  law the legislature  passed last year.  Responding to                                                               
the  second part  of the  question, he  added, "I  heard the  OMB                                                               
director speak and  as soon as the legislature  makes a decision,                                                               
then the money would go out to the school districts."                                                                           
                                                                                                                                
SENATOR  KAWASAKI asked  when the  money would  go out  to school                                                               
districts  if  this  legislature  does not  pass  the  governor's                                                               
proposal.                                                                                                                       
                                                                                                                                
VICE CHAIR COGHILL  cautioned against turning this  into a budget                                                               
hearing.                                                                                                                        
                                                                                                                                
3:45:19 PM                                                                                                                    
COMMISSIONER JOHNSON said the process  to disburse the funds will                                                               
start immediately if the legislature  votes down the supplemental                                                               
budget.                                                                                                                         
                                                                                                                                
SENATOR KAWASAKI asked if the  money would not be appropriated to                                                               
the school districts if the legislature fails to pass the bill.                                                                 
                                                                                                                                
VICE  CHAIR  COGHILL,  responding  to  a  further  question  from                                                               
Senator   Kawasaki,  clarified   that  the   money  was   already                                                               
appropriated so it is a distribution question.                                                                                  
                                                                                                                                
3:46:57 PM                                                                                                                    
SENATOR  MICCICHE  said  this  hearing  is  about  Dr.  Johnson's                                                               
nomination as  lieutenant governor successor and  while he shares                                                               
some of the concerns that have  been voiced, he would like to ask                                                               
questions about the position.                                                                                                   
                                                                                                                                
VICE  CHAIR  COGHILL  responded  that  the  question  relates  to                                                               
following the law.                                                                                                              
                                                                                                                                
COMMISSIONER  JOHNSON  said he  would  work  with the  Office  of                                                               
Management  and Budget  (OMB)  on the  terms  for disbursing  the                                                               
money.                                                                                                                          
                                                                                                                                
VICE CHAIR  COGHILL explained why  he has allowed the  breadth of                                                               
the questioning.                                                                                                                
                                                                                                                                
3:48:56 PM                                                                                                                    
SENATOR  KAWASAKI expressed  appreciation  for  the latitude.  He                                                               
said  he  would  not  have  thought this  is  such  an  important                                                               
appointment  but over  the last  decade someone  has had  to step                                                               
into  the  position. The  point  is  that  this is  an  appointed                                                               
position and there  is a chance that this  appointee could become                                                               
governor without going through the  rigors of a campaign. He said                                                               
the  legislature  is  the  only  vetting  process  and  he  wants                                                               
assurance that the laws will be followed.                                                                                       
                                                                                                                                
SENATOR MICCICHE agreed  the questions were fair.  With regard to                                                               
the  appointment, he  offered  his  perspective that  departments                                                               
push  the limit  on legislative  intent when  writing regulations                                                               
and the  last few lieutenant governors  have rubber-stamped them.                                                               
This  has  resulted  in  unacceptable   mission  creep  that  the                                                               
legislature  has  had to  correct  with  clarifying statutes.  He                                                               
asked  Dr. Johnson  to talk  about the  process he  would use  to                                                               
better match regulations  to the intent of the  statutes that the                                                               
legislature passed.                                                                                                             
                                                                                                                                
COMMISSIONER JOHNSON  said he  fundamentally believes  that there                                                               
should  be  very  clear  lines  between  the  three  branches  of                                                               
government. In the event that  he becomes lieutenant governor, he                                                               
would  like to  send a  clear message  that the  executive branch                                                               
knows its role is to execute the law, not make it.                                                                              
                                                                                                                                
VICE  CHAIR COGHILL  noted that  election integrity  is and  will                                                               
continue to be  a topic that receives much scrutiny.  He asked if                                                               
he had talked  to the lieutenant governor and was  keeping an eye                                                               
on  that office  so  that  he could  transition  to the  position                                                               
seamlessly, should that become necessary.                                                                                       
                                                                                                                                
COMMISSIONER JOHNSON said he has  not had a specific conversation                                                               
about elections, but  he has read the relevant part  of the state                                                               
constitution  and  the  mission  statement for  the  Division  of                                                               
Elections. The  mission is well  stated, and it means  that every                                                               
Alaskan matters  so their  vote matters. Should  he need  to step                                                               
into that role, he said it would  be a large priority of his time                                                               
and office.                                                                                                                     
                                                                                                                                
3:54:08 PM                                                                                                                    
SENATOR  REINBOLD,  noting  that regulations  are  administrative                                                               
law, ask his overall view of regulations.                                                                                       
                                                                                                                                
COMMISSIONER JOHNSON  said his overall  view would be  in keeping                                                               
with what he said to Senator  Micciche earlier, which is that the                                                               
executive  branch role  is to  implement laws.  Thus his  view of                                                               
regulations  is  the effective  implementation  of  the laws  the                                                               
legislature passes.                                                                                                             
                                                                                                                                
SENATOR REINBOLD spoke of her  frustration in years past with the                                                               
Board of Education failing to  write and implement regulations to                                                               
ensure  the  law  was  followed.   She  asked  his  view  of  the                                                               
legislature's role  in ensuring regulations are  written for laws                                                               
that passed.                                                                                                                    
                                                                                                                                
COMMISSIONER JOHNSON  deferred to  the Department  of Law  to say                                                               
what mechanisms the legislature may  have to force regulations to                                                               
be written. He  also suggested the legislature  look carefully at                                                               
the wording in the laws it  passes to ensure they accomplish what                                                               
is  intended. Doing  so  provides  an easy  path  to writing  the                                                               
regulations, he said.                                                                                                           
                                                                                                                                
VICE CHAIR  COGHILL commented that  the compromise  and consensus                                                               
process of lawmaking can potentially result in ambiguity.                                                                       
                                                                                                                                
3:59:32 PM                                                                                                                    
SENATOR REINBOLD  asked what he  believes the  legislature's role                                                               
is regarding regulation oversight.                                                                                              
                                                                                                                                
COMMISSIONER  JOHNSON  replied,  "To  pass good  laws.  And  then                                                               
through  your  balance  of  powers,  make  sure  those  laws  are                                                               
effectively implemented."                                                                                                       
                                                                                                                                
SENATOR   REINBOLD  clarified   that   she   was  talking   about                                                               
regulations to implement the law.                                                                                               
                                                                                                                                
COMMISSIONER  JOHNSON  said   his  responsibility  in  overseeing                                                               
regulations would be  in keeping with the  guiding principle that                                                               
the  legislature   makes  the  laws  and   the  executive  branch                                                               
implements  those  laws.  If  a   law  needs  regulations  to  be                                                               
implemented effectively,  he would  work with the  departments to                                                               
ensure that happens.  He would also work with  the departments to                                                               
ensure that ineffective regulations were not implemented.                                                                       
                                                                                                                                
VICE CHAIR COGHILL noted that  the legislature has the ability to                                                               
remedy an ineffective regulation.                                                                                               
                                                                                                                                
SENATOR  REINBOLD shared  that  she is  a  proponent of  allowing                                                               
regulations to be written to  explain the legislative intent. She                                                               
added  that if  he because  lieutenant governor,  she would  work                                                               
with him on the issue.                                                                                                          
                                                                                                                                
4:03:29 PM                                                                                                                    
VICE CHAIR COGHILL  asked if he is well aligned  with the current                                                               
governor.                                                                                                                       
                                                                                                                                
COMMISSIONER JOHNSON said yes; it  would be his responsibility to                                                               
work  in alignment  with  the  governor who  was  elected by  the                                                               
people.                                                                                                                         
                                                                                                                                
VICE CHAIR COGHILL  asked if he'd thought about how  he might use                                                               
his much  larger voice as  lieutenant governor for  the wellbeing                                                               
of Alaska.                                                                                                                      
                                                                                                                                
COMMISSIONER JOHNSON  replied his character and  values would not                                                               
change. He  would serve with  humility, character,  and integrity                                                               
and enjoy every Alaskan he would have the opportunity to serve.                                                                 
                                                                                                                                
VICE CHAIR COGHILL  commented that the people of  Alaska need the                                                               
most noble of leaders and he would expect that of Dr. Johnson.                                                                  
                                                                                                                                
4:06:22 PM                                                                                                                    
SENATOR MICCICHE offered his view  of the definition of hypocrisy                                                               
which is  "the lack of willingness  to defend the rights  of free                                                               
speech of those with whom  we most vehemently disagree." He asked                                                               
if he  would spend the  same effort approving or  disapproving an                                                               
initiative on  constitutional grounds whether it  was an abortion                                                               
issue  on the  right or  an  extreme environmental  issue on  the                                                               
left.                                                                                                                           
                                                                                                                                
COMMISSIONER  JOHNSON  replied  his responsibility  would  be  to                                                               
follow  the  laws  that  guide   the  process  that  respectfully                                                               
protects the  voice of all Alaskans.  "I would not apply  the law                                                               
differently  based on  my own  political preferences  or opinions                                                               
about a particular initiative," he said.                                                                                        
                                                                                                                                
SENATOR KAWASAKI  asked his  view on changing  parts of  law that                                                               
might have passed  by initiative but didn't. He  cited House Bill                                                               
44  that  passed the  legislature  last  year dealing  with  many                                                               
things including  conflicts of interest, lobbyists,  and lobbyist                                                               
reforms. The  bill mirrored an  initiative that was  removed from                                                               
the ballot  when the  bill passed.  Now it  appears that  the law                                                               
needs to be changed somewhat but  those changes did not appear in                                                               
the initiative.                                                                                                                 
                                                                                                                                
VICE  CHAIR  COGHILL  offered  Dr.  Johnson  the  opportunity  to                                                               
decline to answer because it was highly speculative.                                                                            
                                                                                                                                
4:09:09 PM                                                                                                                    
COMMISSIONER  JOHNSON said  he  was not  very  familiar with  the                                                               
issue  but would  be  happy  to meet  and  learn  more about  the                                                               
question and  why it would  be important to understand  should he                                                               
become lieutenant governor.                                                                                                     
                                                                                                                                
VICE CHAIR COGHILL said the  question is legitimate to the extent                                                               
that the lieutenant governor works in the political arena.                                                                      
                                                                                                                                
SENATOR KAWASAKI  noted the  administration's intention  to clean                                                               
up the  voter registration lists  by purging the names  of people                                                               
who  had  not  voted  in  the  last  two  general  elections.  He                                                               
questioned  whether there  might  be  a way  to  do that  without                                                               
disenfranchising voters.                                                                                                        
                                                                                                                                
COMMISSIONER JOHNSON said he has  not looked into that situation,                                                               
but he  believes that  every Alaskan and  their vote  matters. He                                                               
would go  through whatever process  or procedure is  necessary to                                                               
ensure all eligible Alaskans have the opportunity to vote.                                                                      
                                                                                                                                
VICE  CHAIR COGHILL  suggested he  contemplate these  and similar                                                               
questions as he fulfills his duties as commissioner.                                                                            
                                                                                                                                
SENATOR  KAWASAKI  asked  if  he  were  lieutenant  governor  and                                                               
Governor  Dunleavy ran  for a  second term,  if he  would run  as                                                               
lieutenant governor.                                                                                                            
                                                                                                                                
COMMISSIONER JOHNSON replied  he had no intention  of running for                                                               
lieutenant governor,  whether he  becomes lieutenant  governor or                                                               
not.                                                                                                                            
                                                                                                                                
SENATOR MICCICHE cautioned him against  saying he would never run                                                               
for office because the future is an unknown.                                                                                    
                                                                                                                                
COMMISSIONER JOHNSON  thanked him for the  counsel and reiterated                                                               
that running for statewide office was not his intention.                                                                        
                                                                                                                                
SENATOR MICCICHE said that's fair.                                                                                              
                                                                                                                                
VICE CHAIR COGHILL asked if he had any closing comments.                                                                        
                                                                                                                                
COMMISSIONER  JOHNSON  said  he  was honored  to  serve  in  this                                                               
contingency  role and  would  be ready  to step  in  if the  need                                                               
arises,  but  he hopes  that  won't  happen. He  appreciates  the                                                               
questions and the advice that comes with them.                                                                                  
                                                                                                                                
4:15:24 PM                                                                                                                    
VICE CHAIR COGHILL  stated that in accordance  with AS 39.05.080,                                                               
the  Senate   State  Affairs  Standing  Committee   reviewed  the                                                               
following  and  recommends the  appointments  be  forwarded to  a                                                               
joint session for consideration:                                                                                                
                                                                                                                                
Lieutenant Governor Successor                                                                                                 
Dr. Michael A. Johnson - Juneau                                                                                                 
                                                                                                                                
Signing  the   reports  regarding  appointments  to   boards  and                                                               
commissions in  no way reflects  individual members'  approval or                                                               
disapproval  of  the  appointees;   the  nominations  are  merely                                                               
forwarded to the full legislature for confirmation or rejection.                                                                
                                                                                                                                
4:16:00 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
          SB  34-PROBATION; PAROLE; SENTENCES; CREDITS                                                                      
                                                                                                                                
4:18:18 PM                                                                                                                    
VICE CHAIR COGHILL reconvened the  meeting and announced that the                                                               
final order  of business  would be  consideration of  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."                                                                                               
                                                                                                                                
He asked Mr.  Skidmore if he agrees that the  repealers deal with                                                               
administrative sanctions.                                                                                                       
                                                                                                                                
4:21:03 PM                                                                                                                    
JOHN SKIDMORE,  Director, Criminal  Division, Department  of Law,                                                               
Anchorage,  advised that  the  primary  categories the  repealers                                                               
address  are  administrative sanctions  and  the  caps placed  on                                                               
technical violations.                                                                                                           
                                                                                                                                
Responding  to  a question  from  the  chair, he  explained  that                                                               
administrative  sanctions  are  things   a  probation  or  parole                                                               
officer within DOC can do  without intervention from the court or                                                               
the parole  board. An officer would  need to file a  petition for                                                               
things like returning a probationer  or parolee to jail or adding                                                               
conditions.                                                                                                                     
                                                                                                                                
VICE  CHAIR COGHILL  recalled that  the administrative  sanctions                                                               
were  intended to  ensure swift  action  without the  need to  go                                                               
before the  court. His understanding  from previous  testimony is                                                               
that those administrative sanctions were never implemented.                                                                     
                                                                                                                                
MR. SKIDMORE  clarified that  when he  testified during  the last                                                               
hearing, he said  the swiftness for the petitions  did not occur.                                                               
Whether swiftness  was achieved for  the sanctions is  a question                                                               
for the  Department of Corrections.  He did say  that regulations                                                               
were not adopted.                                                                                                               
                                                                                                                                
VICE CHAIR COGHILL asked him to  walk through what has come to be                                                               
and what has not been put in place.                                                                                             
                                                                                                                                
4:25:28 PM                                                                                                                    
JEN  WINKELMAN  Director,  Division   of  Probation  and  Parole,                                                               
Department of Corrections (DOC),  Juneau, explained that when the                                                               
administrative   sanctions  and   incentives   became  law,   DOC                                                               
developed a policy  to categorize the behavior  and determine the                                                               
sanction  based  on  a grid.  The  administrative  sanctions  and                                                               
incentives  were  developed  based  on an  internal  policy,  not                                                               
through regulations.                                                                                                            
                                                                                                                                
VICE  CHAIR COGHILL  asked why  regulations  weren't written,  as                                                               
directed by the law.                                                                                                            
                                                                                                                                
MS. WINKELMAN said  she didn't know; she wasn't  in this position                                                               
at that time.                                                                                                                   
                                                                                                                                
VICE  CHAIR COGHILL  recalled that  the administrative  sanctions                                                               
were intended  to be a tool  to accomplish the swift  and certain                                                               
action.  He  asked  what  was   done  administratively  that  was                                                               
different than what had to happen before the court.                                                                             
                                                                                                                                
MR.  SKIDMORE  said  there  are  two levels.  The  first  is  the                                                               
administrative sanctions  and the second  level is if  a petition                                                               
was filed  then it was capped  at 3, 5  and 10 days. Those  3, 5,                                                               
and 10  day caps  were intended  to be  swift. The  December 2015                                                               
Justice Reinvestment Report specifically  talks about the concept                                                               
of making the sanction swift. The  failure in the way that Senate                                                               
Bill 91  presented this and the  way it was implemented  is there                                                               
was no  legislative expression of how  swift it needed to  be. He                                                               
recalled  that the  Court System  expressed concerns  about being                                                               
able to  do adjudications that  quickly in every single  case. It                                                               
was possible  to do in some  cases - those cases  where offenders                                                               
had  opted in  the program,  but for  all the  others it  was not                                                               
possible to do  it that quickly. They would try  but it still has                                                               
not happened very quickly, which is  one of the key components to                                                               
all the  research that said this  would be an effective  tool, he                                                               
said. Without that component it is not an effective tool.                                                                       
                                                                                                                                
VICE CHAIR  COGHILL asked for the  information to be laid  out to                                                               
show where  the failure occurred.  He said he continues  to think                                                               
that swift  action is a worthy  goal. The principle is  good, but                                                               
implementation failed  as infractions  and petitions  mounted up.                                                               
"There was no certainty because  the swiftness didn't happen," he                                                               
said.                                                                                                                           
                                                                                                                                
MR.  SKIDMORE  said  he  would   be  happy  to  talk  more  about                                                               
maintaining  the  caps,   but  he  was  not   involved  with  the                                                               
administrative  sanctions. He  said  it sounds  as though  you're                                                               
interested in  maintaining the administrative sanctions  and that                                                               
discussion should be with the Department of Corrections.                                                                        
                                                                                                                                
VICE  CHAIR  COGHILL  asked  Ms. Winkelman,  as  the  policy  was                                                               
implemented, what was successful and what needed more work.                                                                     
                                                                                                                                
4:32:30 PM                                                                                                                    
MS. WINKELMAN  opined that  implementation of  the administrative                                                               
sanctions  has been  swift.  She described  the  process when  an                                                               
offender is  in front of the  probation officer due to  some sort                                                               
of behavior. The  officer looks at a grid to  determine where the                                                               
behavior  falls and  the appropriate  response. She  posited that                                                               
the  lack  of  swiftness  referenced here  relates  to  when  the                                                               
behavior elicits  a court petition. The  sanctions and incentives                                                               
over  which  probation  and  parole  officers  have  purview  are                                                               
administered swiftly and based on the grid previously described.                                                                
                                                                                                                                
VICE  CHAIR COGHILL  asked if  the administrative  sanctions have                                                               
increased the workload for probation and parole officers.                                                                       
                                                                                                                                
MS.  WINKELMAN said  she did  not have  supporting data,  but she                                                               
believes that the grid has  trained probation and parole officers                                                               
on the options available when  responding to violations. What has                                                               
increased the workload  is trying to apply  the grid's structured                                                               
responses to individuals who have  very different backgrounds and                                                               
behaviors. It removes the human element, she said.                                                                              
                                                                                                                                
VICE  CHAIR COGHILL  recalled that  the administrative  sanctions                                                               
program intended to focus effort  on the most dangerous behavior.                                                               
Individuals  with  less  dangerous behavior  would  receive  less                                                               
attention. He asked if that has worked.                                                                                         
                                                                                                                                
MS.  WINKELMAN  said  she  believes  that  the  individuals  that                                                               
exhibited  the most  dangerous behavior,  based  on the  sanction                                                               
grid, generally had  a petition filed and they  became subject to                                                               
the 3, 5, and 10-day caps.                                                                                                      
                                                                                                                                
VICE  CHAIR   COGHILL  opined  that  the   petition  created  the                                                               
revolving door problem. He asked Mr.  Skidmore if that is what he                                                               
was describing.                                                                                                                 
                                                                                                                                
4:37:05 PM                                                                                                                    
MR. SKIDMORE  said the  rationale for  implementing the  caps was                                                               
that people  didn't think the  0-30 days  on a first  offense was                                                               
appropriate  for the  wide variety  of technical  violations. The                                                               
decision was to  reduce that but, in the  process, discretion was                                                               
eliminated, and a range was  established. The range considers the                                                               
underlying offense  and the type  of violation that  has occurred                                                               
but  setting  the caps  where  they  are  does not  consider  the                                                               
layering of  allegations. Thus  it does not  allow the  system to                                                               
appropriately  respond   to  a   particular  circumstance   in  a                                                               
particular case.                                                                                                                
                                                                                                                                
VICE CHAIR  COGHILL asked where he  could find data for  the last                                                               
year  about  the  number  of   petitions  filed,  the  number  of                                                               
violations that  involved multiple allegations, and  whether they                                                               
were misdemeanor or  felony level infractions. "How  would I find                                                               
that information  to find out how  close we hit the  mark and how                                                               
far we missed the mark?" he asked.                                                                                              
                                                                                                                                
MR. SKIDMORE  said it  would not  be difficult  to find  how many                                                               
petitions  were  filed,  but  it  would  be  problematic  to  get                                                               
information  on the  number  of allegations  in  a petition,  the                                                               
substance of  the allegations, and information  on the underlying                                                               
crime. The reports he has seen  failed to look at those concepts.                                                               
What the reports  have indicated is that the  number of petitions                                                               
filed has  decreased. Unfortunately, that doesn't  mean much when                                                               
there has been no substantive  analysis. That would require going                                                               
through every  case file looking  for particular  criteria, which                                                               
would be  very labor  intensive. What  he's heard  uniformly from                                                               
his employees  statewide who prosecute  these cases is  that this                                                               
is a problem.                                                                                                                   
                                                                                                                                
VICE  CHAIR COGHILL  said he  understands the  provision will  be                                                               
removed from the statutes, but there  was some benefit and he was                                                               
looking for a better way to do it.                                                                                              
                                                                                                                                
4:42:19 PM                                                                                                                    
SENATOR  REINBOLD asked  Ms. Winkelman  if  she was  the head  of                                                               
pretrial, probation, and parole.                                                                                                
                                                                                                                                
MS.  WINKELMAN  said yes.  Responding  to  another question,  she                                                               
explained that  she had been  with the department since  2001 and                                                               
in this role since the new administration came into office.                                                                     
                                                                                                                                
SENATOR REINBOLD  described the pretrial risk  assessment tool as                                                               
"unbelievable." She added,  "It's one of those tools  that I just                                                               
couldn't even imagine that being applied to people in Alaska."                                                                  
                                                                                                                                
VICE  CHAIR  COGHILL  requested  she maintain  focus  on  SB  34,                                                               
probation,  parole   and  sentencing.  The  pretrial   matter  is                                                               
addressed in SB 33.                                                                                                             
                                                                                                                                
4:43:57 PM                                                                                                                    
SENATOR REINBOLD highlighted the wave  of crime that Alaskans are                                                               
experiencing. She  asked Ms. Winkelman  if she defines  parole as                                                               
"the temporary  release before the  completion of a  sentence for                                                               
good behavior."                                                                                                                 
                                                                                                                                
MS. WINKELMAN said yes.                                                                                                         
                                                                                                                                
SENATOR  REINBOLD   defined  probation  as  "the   release  under                                                               
supervision before the completion."                                                                                             
                                                                                                                                
MS. WINKELMAN clarified that probation  is defined as a term over                                                               
which  a  probation officer  supervises  an  individual based  on                                                               
their court sentence.  For example, a person who  is sentenced to                                                               
five  years with  two years  suspended and  five-years supervised                                                               
probation would  have the two  years suspended term  hanging over                                                               
his/her head during the five years  of probation as a response to                                                               
a violations.                                                                                                                   
                                                                                                                                
SENATOR  REINBOLD asked  if her  understanding  was correct  that                                                               
under  the  prior  law  a  person with  one  or  multiple  felony                                                               
convictions  was  not  eligible  for parole,  whereas  under  the                                                               
current law they are eligible for parole.                                                                                       
                                                                                                                                
MS.  WINKELMAN  deferred questions  about  the  change in  parole                                                               
eligibility to Mr. Edwards.                                                                                                     
                                                                                                                                
4:46:09 PM                                                                                                                    
JEFF  EDWARDS,  Executive  Director,   Alaska  Board  of  Parole,                                                               
Department of Corrections, Anchorage,  explained that Senate Bill                                                               
91  provided  a  discretionary  system  whereby  multiple  felons                                                               
became eligible for early release on discretionary parole.                                                                      
                                                                                                                                
SENATOR  REINBOLD asked  if that  is for  class A,  class B,  and                                                               
class C felonies.                                                                                                               
                                                                                                                                
MR.  EDWARDS  confirmed  that  is  what  existing  law  provides.                                                               
Responding to a subsequent question,  he said that includes prior                                                               
convictions.                                                                                                                    
                                                                                                                                
VICE CHAIR  COGHILL asked  what the  requirements are  to qualify                                                               
for parole.                                                                                                                     
                                                                                                                                
MR. EDWARDS said the presumption  of release statute mandates the                                                               
parole board  release those  individuals on  discretionary parole                                                               
if  they meet  requirements  such as  complying  with their  case                                                               
plan, receiving no  write-ups while in prison,  and following the                                                               
rules. There are provisions for  circumventing the presumption of                                                               
release statute if  the board feels the  individual represents an                                                               
extreme danger to the public. SB 34 removes that section of law.                                                                
                                                                                                                                
VICE  CHAIR COGHILL  said Mr.  Skidmore explained  the difference                                                               
between   the   directive   presumption  to   release   and   the                                                               
discretionary  ability   to  release  based  on   conditions.  He                                                               
recalled  that  the presumption  in  current  law came  about  to                                                               
incentivize the  best behavior  out of  someone on  probation and                                                               
parole.                                                                                                                         
                                                                                                                                
4:50:39 PM                                                                                                                    
SENATOR REINBOLD asked for an  explanation of mandatory minimums.                                                               
Her  understanding is  that for  class A,  class B,  and class  C                                                               
felonies the mandatory minimum is one-quarter of the sentence.                                                                  
                                                                                                                                
MR. SKIDMORE asked  for clarification that she  was talking about                                                               
the time served to be eligible for discretional parole.                                                                         
                                                                                                                                
SENATOR REINBOLD said yes.                                                                                                      
                                                                                                                                
4:51:30 PM                                                                                                                    
MR.  EDWARDS   explained  that   unclassified  felonies   have  a                                                               
mandatory minimum attached  to the sentence that  must be served.                                                               
Under current  law, individuals  convicted of  class A,  class B,                                                               
and class  C felonies  would become  eligible after  serving one-                                                               
quarter of their sentence.                                                                                                      
                                                                                                                                
SENATOR REINBOLD called that astonishing.                                                                                       
                                                                                                                                
4:52:14 PM                                                                                                                    
SENATOR  KAWASAKI said  the fiscal  notes  are indeterminate  and                                                               
said he needed to see the  number of people who were eligible but                                                               
would  not be  eligible in  the future  and how  that number  has                                                               
changed over the last couple of years.                                                                                          
                                                                                                                                
He   referenced  Section   10  relating   to  the   parole  board                                                               
considering applications. He asked how  the process works now and                                                               
why a change is necessary.                                                                                                      
                                                                                                                                
4:53:18 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
4:53:29 PM                                                                                                                    
VICE CHAIR COGHILL reconvened the meeting.                                                                                      
                                                                                                                                
MR. SKIDMORE said Section 10 returns  the language to what was in                                                               
statute  prior  to Senate  Bill  91.  The  parole board  had  the                                                               
discretion  to  evaluate whether  or  not  a  person was  a  good                                                               
candidate  for discretionary  parole immediately  or sometime  in                                                               
the future, whereas current law  requires the board to hear those                                                               
cases within a year. The  latter increases the number of hearings                                                               
when someone applies  repeatedly when the outcome  may already be                                                               
known.  He  described  it  as   a  resource  issue.  He  deferred                                                               
questions about the operation to Mr. Edwards.                                                                                   
                                                                                                                                
4:56:55 PM                                                                                                                    
MR. EDWARDS said he agrees with  Mr. Skidmore. The bill gives the                                                               
board discretion to  continue or deny a  hearing indefinitely for                                                               
those  offenders  that it  has  no  intention of  releasing.  The                                                               
current internal policy  is to review those cases in  10 years at                                                               
maximum.                                                                                                                        
                                                                                                                                
SENATOR KAWASAKI  asked for  an example where  there has  been an                                                               
excess of requests.                                                                                                             
                                                                                                                                
MR. EDWARDS  replied he  wouldn't say  there have  been excessive                                                               
applications;  it's more  about the  board controlling  when they                                                               
would hear  a case  in the  future. The individual  may not  be a                                                               
good  candidate  now,  but  they may  be  after  completing  some                                                               
programs.                                                                                                                       
                                                                                                                                
SENATOR KAWASAKI  asked if he  agrees that  a person may  "have a                                                               
better shot" with a different parole board.                                                                                     
                                                                                                                                
MR. EDWARD  agreed that the  board can change because  one member                                                               
comes up  for reappointment every  year and  they may or  may not                                                               
apply. They  are appointed by  the governor and as  that position                                                               
changes the board may as well.                                                                                                  
                                                                                                                                
SENATOR  KAWASAKI commented  that  a person  who is  incarcerated                                                               
would be  denied asking for parole  if a board says  no today and                                                               
the board switches the next year.                                                                                               
                                                                                                                                
SENATOR REINBOLD  said she would  post on Facebook  the different                                                               
felony  crimes  under  discussion  today that  are  eligible  for                                                               
discretionary parole  after the  offender has  served one-quarter                                                               
of their sentence.                                                                                                              
                                                                                                                                
VICE  CHAIR  COGHILL asked  for  a  follow-up discussion  on  the                                                               
change made  on good time  to see where  that failed or  could be                                                               
made more successful.                                                                                                           
                                                                                                                                
MR. SKIDMORE asked  for clarification he was  referring to earned                                                               
compliance credit.                                                                                                              
                                                                                                                                
VICE  CHAIR COGHILL  said that's  correct. He  noted that  no one                                                               
signed up to testify  on SB 34 today, but he  would leave it open                                                               
and hopefully  take public testimony on  both SB 33 and  SB 34 on                                                               
Thursday.                                                                                                                       
                                                                                                                                
5:04:57 PM                                                                                                                    
SENATOR  MICCICHE said  the public  was not  aware of  the public                                                               
testimony today  and he  would like  to get the  word out  to his                                                               
constituents if  public testimony will  in fact be open  for both                                                               
bills on Thursday.                                                                                                              
                                                                                                                                
VICE  CHAIR COGHILL  replied his  intention was  to start  taking                                                               
public testimony but  for it to be meaningful, he  wanted to hear                                                               
the sectional analysis on SB 33.                                                                                                
                                                                                                                                
MR.  SKIDMORE estimated  that the  sectional analysis  for SB  33                                                               
would take about 45 minutes.                                                                                                    
                                                                                                                                
5:06:19 PM                                                                                                                    
SENATOR KAWASAKI expressed concern  about taking public testimony                                                               
before the bill  is fully vetted and understood.  Without all the                                                               
facts there may be testimony on things that are not in the bill,                                                                
he said.                                                                                                                        
                                                                                                                                
VICE CHAIR COGHILL replied he was following the chair's                                                                         
directions.                                                                                                                     
                                                                                                                                
5:08:17 PM                                                                                                                    
VICE CHAIR COGHILL held SB 34 in committee.                                                                                     
                                                                                                                                
5:08:21 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Vice Chair Coghill adjourned the Senate State Affairs Standing                                                                  
Committee meeting at 5:08 pm.