Legislature(1997 - 1998)

04/08/1998 01:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 272                                                             
                                                                               
"An Act to permit a court to order a defendant who                             
receives a sentence of imprisonment for a misdemeanor                          
to serve the sentence by electronic monitoring; and                            
relating to the crime of unlawful evasion."                                    
                                                                               
JEFF LOGAN, STAFF, REPRESENTATIVE GREEN discussed the fiscal                   
note by the Department of Corrections dated 4/7/98.  The new                   
fiscal note showed a substantial reduction from the first                      
fiscal note.  He explained that the fiscal note anticipates                    
a pilot program of electronic monitoring in Anchorage.                         
There are similar programs in the state of Alaska for                          
juvenile offenders.  This would be a new program for adult                     
offenders.  He anticipated that private sector contractors                     
would be involved in the administration of the program.  The                   
Department has indicated that it does not have expertise in                    
this area.                                                                     
                                                                               
Co-Chair Therriault acknowledged that the release of                           
prisoners on electronic monitoring would not necessarily                       
result in fewer guards.  He Therriault anticipated that                        
there would be some incidental savings for food and                            
clothing.                                                                      
                                                                               
SAM TRIVETTE, DEPARTMENT OF CORRECTIONS discussed the                          
Department's fiscal note.  He noted that the primary expense                   
is in the contractual line.  He stated that a project would                    
be developed for the Anchorage area, utilizing 60 offenders                    
in the first half of FY 99.  The program would be                              
implemented by January 1999.  The Department spends $100                       
dollars a day for hard beds and $57 dollars a day for                          
Community Residential Center (CRC) beds.  He stressed that                     
these beds need to be reserved for the most serious                            
offenders.  Less serious offenders could be put on                             
electronic monitoring.  He spoke in support of the                             
legislation.  He pointed out that high-risk offenders, such                    
as domestic violence offenders, would not be considered for                    
electronic monitoring.  Offender fees will be considered.                      
The only state personnel will be a probation officer to                        
oversee the function of the program.  He emphasized that the                   
Department is not expecting to have any empty beds as a                        
result of the legislation.  The Department is well above its                   
emergency caps for prisoner population in its facilities.                      
                                                                               
Mr. Trivette stated that it costs approximately $1.42 per                      
meal.  There would be a savings of $4.26 dollars a day for                     
each prisoner that is released.                                                
                                                                               
Representative Mulder estimated that 60 additional prisoners                   
would cost the Department approximately $2.2 million dollars                   
annually.  He pointed out that the legislation would remove                    
60 prisoners from the system.  He observed that prisoners                      
are being shipped to Arizona.  He maintained that there are                    
real cost savings from the legislation.                                        
                                                                               
Mr. Trivette reiterated that the only time there will be any                   
major savings is if a facility or wing of a facility can be                    
closed.                                                                        
                                                                               
Representative Mulder stated that the average direct cost                      
per institution is approximately $72 dollars a day.  The                       
indirect costs, such as inmate health care, programs;                          
administrative support cost approximately $28 dollars a day                    
per inmate.  He maintained that there should be at least a                     
$28 dollar a day savings.                                                      
                                                                               
Co-Chair Therriault questioned if the removal of 60                            
prisoners would reduce the number of prisoners sent to                         
Arizona.  Mr. Trivette acknowledged that cost savings would                    
occur if fewer prisoners were sent out-of-state.   He                          
pointed out that the Department is very far over its caps.                     
He did not think that there would be a reduction in the                        
number of prisoners sent to Arizona.                                           
                                                                               
Co-Chair Hanley asked if the net cost of food was reduced in                   
the fiscal note.  Mr. Trivette did not know.  Co-Chair                         
Hanley observed that there would be a total savings of $100                    
thousand dollars per year.                                                     
                                                                               
Representative Mulder stressed that the Governor's Criminal                    
Justice Task Force strongly supported electronic monitoring                    
as a way to relieve overcrowding in the system.  The Task                      
Force unanimously endorsed the concept of having the private                   
provider provide the service.  They envisioned that                            
prisoners would pay one hour of their wage per workday to                      
support the program.  The cost of the program would be paid                    
for by the inmate support.                                                     
                                                                               
Representative Mulder MOVED to amend the Department of                         
Corrections' fiscal note by shifting the fund source from                      
pure general fund dollars to general fund program receipts.                    
                                                                               
Mr. Trivette stated that the Department supports paying for                    
the program through program receipts.  He did not think it                     
was realistic to expect the program to be totally funded                       
through program receipts.  He pointed out that programs in                     
other states are not wholly supported through program                          
receipts.  He stated that the Department would look at                         
programs in other states.                                                      
                                                                               
Representative Davies MOVED to amend the amendment by                          
retaining the personal services line in the general fund                       
line.  There being NO OBJECTION, it was so ordered.                            
                                                                               
There being NO OBJECTION, the Committee adopted an amended                     
House Finance Committee fiscal note for the Department of                      
Corrections:                                                                   
                                                                               
$30 thousand dollars for personal services in general                          
funds and $100.3 thousand dollars in general fund                              
program receipts for FY 99; and                                                
                                                                               
$60 thousand dollars for personal services in general                          
funds and $195.6 thousand dollars in general fund                              
program receipts for FY 00 - FY 04.                                            
                                                                               
Representative Davies provided members with Amendment 1                        
(copy on file).  He expressed concern that prisoners that do                   
not have resources not be excluded from participating in the                   
program.  Amendment 1 would add "but only if the                               
commissioner determines that the prisoner has sufficient                       
financial resources to pay the costs or a portion of the                       
costs" on line 28, page 3.                                                     
                                                                               
Co-Chair Hanley expressed concern that the amendment would                     
provide a statutory defense for prisoners that does not want                   
to pay.                                                                        
                                                                               
Representative Davies stated that the determination to pay                     
could be made based on their public defender circumstance.                     
                                                                               
Representative Martin spoke against the amendment.                             
                                                                               
Representative Davies MOVED to amend the amendment, by                         
deleting " the commissioner determines that".  He argued                       
that the current language provides that a prisoner either                      
pay all of the cost of 50 percent of the cost.  He                             
emphasized that some prisoners may not be able to pay 50                       
percent of the cost.                                                           
                                                                               
There being NO OBJECTION, the amendment was amended to state                   
"but only if the prisoner has sufficient financial resources                   
to pay the costs or a portion of the costs".                                   
                                                                               
Mr. Logan emphasized that contractors could setup a program                    
to allow indigents to be subsidized from the portion paid by                   
other prisoners.  He observed that there are cases where an                    
indigent prisoner would be a great prospect for electronic                     
monitoring.                                                                    
                                                                               
Representative Davies emphasized that the first question is                    
how much of the cost is each inmate expected to pay.  The                      
second question is how much is an indigent expected to pay.                    
                                                                               
Co-Chair Therriault stated that his intent was that most                       
prisoners pay 100 percent and that some prisoners pay less                     
or nothing.  Representative Davies reiterated that the                         
intent of the amendment is to clarify that indigents would                     
not be eliminated from participating in the program based on                   
their inability to pay.                                                        
                                                                               
Representative Martin OBJECTED to Amendment 1.  He felt that                   
the amendment was confusing.                                                   
                                                                               
A roll call vote was taken on the motion.                                      
                                                                               
IN FAVOR: Kelly, Moses, Mulder, Davies, Grussendorf, Foster,                   
Hanley                                                                         
OPPOSED: Kohring, Martin, Therriault                                           
                                                                               
Representative Davis was absent from the vote.                                 
                                                                               
The MOTION PASSED (3-7).                                                       
                                                                               
Representative Mulder MOVED to report CSHB 272 out of                          
Committee with the accompanying revised fiscal note.                           
                                                                               
CSHB 272 (FIN) was REPORTED out of Committee with a "do                        
pass" recommendation and with a zero fiscal note by the                        
House Finance Committee for the Department of Corrections.                     

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