02/21/2019 03:30 PM Senate STATE AFFAIRS

           SB  33-ARREST;RELEASE;SENTENCING;PROBATION                                                                       
                                                                                                                                
3:36:27 PM                                                                                                                    
CHAIR SHOWER  announced the consideration  of SENATE BILL  33 "An                                                               
Act  relating  to  pretrial   release;  relating  to  sentencing;                                                               
relating  to  treatment  program   credit  toward  service  of  a                                                               
sentence  of  imprisonment;  relating to  electronic  monitoring;                                                               
amending  Rules   38.2  and  45(d),  Alaska   Rules  of  Criminal                                                               
Procedure; and providing for an effective date."                                                                                
                                                                                                                                
He welcomed  Ms. Winkelman and  Ms. Goode from the  Department of                                                               
Corrections to respond to questions  that came up in the previous                                                               
hearing, primarily about ankle monitors.                                                                                        
                                                                                                                                
3:37:01 PM                                                                                                                    
JEN  WINKELMAN,  Director,  Division  of  Probation  and  Parole,                                                               
Department  of Corrections  (DOC), responded  to the  committee's                                                               
request for  information about the  daily cost of  the monitoring                                                               
equipment  DOC  uses.  She explained  that  the  individual  cost                                                               
varies depending on the particular  equipment that's required but                                                               
the average  cost to  rent the  equipment is  $6.75 per  day. The                                                               
next  question   was  whether  there  were   consequences  if  an                                                               
individual  failed   to  keep   their  monitoring   equipment  in                                                               
operating  order.  She checked  with  staff  and learned  that  a                                                               
defendant  in  pretrial  status   who  does  not  maintain  their                                                               
equipment  is  charged with  a  misdemeanor  for violating  their                                                               
conditions of release.                                                                                                          
                                                                                                                                
CHAIR SHOWER  clarified that  maintaining equipment  is primarily                                                               
keeping the battery charged.                                                                                                    
                                                                                                                                
MS. WINKELMAN agreed.                                                                                                           
                                                                                                                                
SENATOR MICCICHE  asked if  DOC or  the monitoring  company knows                                                               
when a battery dies.                                                                                                            
                                                                                                                                
MS. WINKELMAN explained  that when the battery gets  low it sends                                                               
a warning alert to both  the probation officer and the defendant.                                                               
If the  device stops working,  the officer responds  to determine                                                               
the  reason  for  the  failure. She  noted  that  equipment  does                                                               
malfunction from time  to time; failure is not  always the result                                                               
of a dead battery.                                                                                                              
                                                                                                                                
SENATOR KAWASAKI  asked how  she calculated  the average  cost of                                                               
$6.75.                                                                                                                          
                                                                                                                                
MS.  WINKELMAN explained  that she  broke the  total annual  cost                                                               
into  an  average  daily  cost  and  divided  by  the  number  of                                                               
individuals  on the  program.  She  noted that  the  cost of  the                                                               
various types  of monitoring equipment  ranges from $3 to  $8. If                                                               
the circumstances of  the arrest relate to  alcohol, for example,                                                               
the monitoring  equipment that's ordered would  be very different                                                               
than for a defendant whose arrest has no nexus to alcohol.                                                                      
                                                                                                                                
She  advised that  to answer  the  question about  what the  best                                                               
monitor is,  she reviewed  a list  of the  things DOC  looks for.                                                               
These   include  the   capability   to  attach   to  the   ankle,                                                               
notification if  the device  is tampered with  or removed,  and a                                                               
device that  is sealed  and shock resistant.  She noted  that not                                                               
all equipment  works in all  areas of Alaska  and that has  to be                                                               
taken   into  consideration   when  contracting   with  different                                                               
companies. For  example, DOC  has experienced  difficulty getting                                                               
equipment to work in Bethel and just one type works in Barrow.                                                                  
                                                                                                                                
3:43:11 PM                                                                                                                    
KELLY  GOODE,  Deputy  Commissioner,  Department  of  Corrections                                                               
(DOC),  Anchorage,  said  DOC  is  aware of  just  four  or  five                                                               
companies that manufacture  electronic monitoring (EM) equipment.                                                               
She offered to follow up  with information on which features each                                                               
company offers.                                                                                                                 
                                                                                                                                
CHAIR SHOWER  said the primary  question now  is if the  state is                                                               
getting the features it needs.                                                                                                  
                                                                                                                                
SENATOR MICCICHE  said he continues  to believe that  the private                                                               
sector should  provide this service,  but the  specifications and                                                               
DOC's  requirements  need   to  be  clear.  He   asked  if  DOC's                                                               
requirements and expectations are clear.                                                                                        
                                                                                                                                
MS. GOODE said  she reached out to a couple  of the providers and                                                               
they raised no issues regarding  meeting the state's requirements                                                               
and  expectations. She  noted that  the committee  also expressed                                                               
interest  in  knowing  whether  these  companies  could  mobilize                                                               
quickly should the  bill pass. The providers she  spoke with said                                                               
it would take a  little time to ramp up, but  they could meet the                                                               
need as private contractors.                                                                                                    
                                                                                                                                
3:45:54 PM                                                                                                                    
CHAIR SHOWER stated he would hold SB 33 in committee.