Legislature(2007 - 2008)HOUSE FINANCE 519

04/13/2007 01:30 PM House FINANCE


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 133 ELECTRONIC MONITORING OF GANG PROBATIONER TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 28 POWER SOURCE DISCLOSURE TELECONFERENCED
Moved CSHB 28(FIN) Out of Committee
+= HB 229 KENAI GASIFICATION PROJECT; RAILROAD BOND TELECONFERENCED
Moved Out of Committee
+= HB 152 ESTABLISHING A RENEWABLE ENERGY FUND TELECONFERENCED
Moved CSHB 152(FIN) Out of Committee
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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