Legislature(2007 - 2008)HOUSE FINANCE 519
04/13/2007 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB28 | |
| HB229 | |
| HB152 | |
| HB133 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 133 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 28 | TELECONFERENCED | |
| += | HB 229 | TELECONFERENCED | |
| += | HB 152 | TELECONFERENCED | |
HOUSE BILL NO. 133
"An Act relating to requiring electronic monitoring as
a special condition of probation for offenders whose
offense was related to a criminal street gang."
Vice Chair Stoltze MOVED to ADOPT the work draft for HB 133,
labeled 25-LS0465\N, Luckhaupt, 4/13/07. There being NO
OBJECTION, it was so ordered.
REPRESENTATIVE BOB BUCH, sponsor, explained that the bill
deals with the gang problem in Anchorage. It would require
people who are convicted of violent, gang-related crimes to
wear electronic monitoring devices as a condition of
probation. The bill addresses a problem that has been
documented by the Anchorage Police Department where gang
members who have been convicted of violent crimes go back to
gang activity. He spoke of the review of the bill by the
Judiciary Committee. He clarified that the bill gives law
enforcement a tool to deal with convicted, violent gang
members. The scope of the bill is very narrow and applies
only to those who are convicted of violent gang behavior.
He noted that he has added a five-year sunset provision to
make electronic monitoring a pilot program.
3:18:29 PM
Representative Buch mentioned support of the bill from Chuck
Copp, Chief of Police in Kenai.
Vice Chair Stoltze asked why the courts need so much time to
enact laws. Representative Buch noted that time is needed
to convict gang members and to implement the bill.
3:19:45 PM
GARDNER COBB, HEAD, GANG UNIT, ANCHORAGE POLICE DEPARTMENT,
testified in strong support of the bill. He related his
experience with gang problems in Anchorage. He predicted
that ankle monitoring would prevent future crime. The focus
of the bill is narrow to entail "gang-motivated" crime as
opposed to "gang-related" crime.
Representative Kelly asked how many states are having
success with this device. Mr. Cobb related that it has been
used for sex offenders in the past. Representative Kelly
requested that information from the sponsor.
Representative Hawker asked if the technology is readily
available. Mr. Cobb thought that the Department of
Corrections could better answer that.
3:26:41 PM
Representative Buch addressed Representative Kelly's
question. He said that he is getting a report back from San
Bernadino, California, as to the results of the device being
used there. He pointed out that one of the benefits of the
ankle bracelet is that it gives the gang member an excuse to
separate from the gang community.
Representative Kelly asked how many states use the device.
Representative Buch said approximately 20 states are
utilizing the device. He noted that the sunset clause would
allow for evaluation in five years.
3:29:53 PM
DWAYNE PEEPLES, DEPUTY COMMISSIONER, DEPARTMENT OF
CORRECTIONS, answered Representative Hawker's questions
regarding the availability and geographic restrictions of
the technology. Mr. Peeples reported that the equipment is
available, and he thought there would be no problems with
the use of the device in urban or suburban areas. He
thought there may be a staff monitoring issue in remote
areas.
Co-Chair Meyer asked if the electronic monitoring is for the
entire probation period. Representative Buch said it is for
the entire time a person is on parole or probation. Co-
Chair Meyer asked what happens if the person leaves the
state. Mr. Peeples discussed intrastate issues. Mr.
Peeples thought the individuals would be closely monitored
and not allowed to travel.
3:33:57 PM
Co-Chair Meyer asked how this would be paid for.
Representative Buch said that the convicted criminals would
be responsible for paying for the device.
Representative Gara spoke to the affordability provision.
He thought that the GPS system would only be imposed in
areas where there are gangs, and therefore there would not
be a "use problem" in areas where there are no gangs.
Representative Hawker asked if this legislation is a
prospective application. Mr. Peeples said yes. There are
currently clients who could have qualified. Representative
Hawker wondered if they would be mandated to use the device.
Representative Buch said the legislation would take place as
soon as possible. Representative Hawker wondered if these
conditions could be imposed on current parolees. Mr.
Peeples said an aggravating factor would have had to have
been found at the time of their conviction.
3:37:41 PM
RICK SVODBODNY, CHIEF ASSISTANT ATTORNEY GENERAL, CRIMINAL
DIVISION, DEPARTMENT OF LAW, related that it can only have a
prospective application because it would have had to have
been determined during the trial. He explained that parole
conditions are discretionary and can be imposed at any time.
Representative Hawker asked about the aggravating factors
already existing in statute. He wondered if anyone
currently qualifies. Mr. Svobodny said it is possible, but
not likely. Representative Hawker asked if the bill would
cause a change in behavior for prosecutors to try to
identify this aggravating factor. Mr. Svobodny didn't think
it would be a change of behavior because prosecutors in
Anchorage are already trying to prove it.
Mr. Peeples informed the committee that gangs are not being
tracked in institutions. There are about 100 gang members
on probation, and about 50-75 juvenile offenders, with notes
in their records regarding an aggravating factor. He could
not say how many would fall under the felony heading. The
financial plan is to have an indeterminate fiscal note and
then ask for funding as needed.
3:44:42 PM
Representative Hawker addressed the bright line regarding
proof of an aggravating factor. He wanted to lessen the
burden of proof on the "good guys". Mr. Svobodny said that
could legally be done. It depends on the court's view. He
maintained it is a condition of probation and does not need
to be tied to proving an aggravating factor.
Representative Buch addressed Representative Hawker's
concern. He pointed out that existing law provides for
"auto waiver" for juveniles with violent crimes to be
treated as adults. He reported that the fiscal impact of
broadening the use of this legislation was out of sight.
The new technology in the ankle bracelet does the
monitoring.
3:49:59 PM
Representative Hawker asked how to get the device on more
ankles. Representative Buch pointed out that this is a
pilot program and can be expanded if it works well. It
addresses a public safety concern in Anchorage.
Representative Kelly asked if it is mandatory for the judge
to consider this as a condition of probation. Mr. Svobodny
said it is. Representative Kelly asked if this device would
cause lesser sentences to be given. Mr. Svobodny said he
could not predict. It is tied to serious felonies and
presumptive sentencing. If an aggravating factor is found,
the sentence can be extended.
Representative Kelly also supported making it easier for the
"good guys". Representative Buch pointed out that the bill
addresses a specific problem of bad behavior. It would be
too expensive to have a broad perspective. Representative
Kelly called it a tool and wished more could be used.
3:57:26 PM
Representative Gara related the experience of increasing
sentences and needing to prove beyond a reasonable doubt.
He said the bill, as written, meets U.S. Supreme Court
approval. "If you say the judge can do it without proof
beyond a reasonable doubt", it may be unconstitutional.
Vice Chair Stoltze referred to a letter from Rob Heun, Chief
of Police, Anchorage (copy on file.) He thought conditions
of probation should not be a negotiated process. Mr.
Svobodny responded that they could be negotiated with the
District Attorney early on. He said he hope that does not
happen. The bright line in this bill is at sentencing.
Representative Hawker referred to an earlier fiscal note.
He wondered if it also included misdemeanors. Mr. Peeples
said it did. It was a wide net with a differentiation
between "gang related" and "gang associated". He discussed
the earlier note.
Representative Hawker did not take issue with the dollar
amount, but with the public safety issue. He expressed
concern about the "high hurdle" to meet the condition of
aggravating factor. He read from AS 12.55.155(c)(29). He
voiced concern that the bill falls short.
4:06:58 PM
Representative Buch summarized that the idea behind the
legislation is that it addresses a very specific crime with
very specific criteria; a very specific tool for very
extreme gang activity.
HB 133 was heard and HELD in Committee for further
consideration.
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