Legislature(1995 - 1996)

04/11/1996 01:45 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
  HOUSE BILL 2                                                                 
       "An Act allowing courts to require certain offenders as                 
       a special  condition of  probation to  complete a  boot                 
       camp program provided by the Department of Corrections;                 
       making  prisoners who  complete  the boot  camp program                 
       eligible  for  discretionary   parole;  providing   for                 
       incarceration of certain  nonviolent offenders in  boot                 
       camps  operated  by  the  Department  of   Corrections;                 
       allowing the Department of Corrections to contract with                 
       a person for an alternative boot camp program; creating                 
       the  Boot  Camp  Advisory Board  in  the  Department of                 
       Corrections; and providing for an effective date."                      
  Representative  Mulder explained the differences in the work                 
  draft  #9-LS0016\O,  Luckhaupt,  4/11/96.     Representative                 
  Mulder requested that  the fiscal note  be revised in  order                 
  that the Department  of Corrections  could expend the  funds                 
  this fiscal year.  The fiscal note would be federal funds.                   
  Representative Mulder  MOVED TO WITHDRAW the  pending motion                 
  to change the dates from the  previous meeting.  There being                 
  NO OBJECTION, it was so ordered.                                             
  Representative Mulder MOVED TO RESCIND action of adopting CS                 
  HB  2  (FIN) from  the  previous  meeting.   There  being NO                 
  OBJECTION, it was so ordered.                                                
  Representative Brown  MOVED to adopt work  draft 9-LS0016\O,                 
  Luckhaupt,  4/11/96, as  the  version before  the Committee.                 
  There being NO OBJECTION, it was adopted.                                    
  REPRESENTATIVE ED WILLIS noted that he supported the current                 
  version of the  legislation.  Representative Brown  asked if                 
  the reference to "maintain", Page 2,  Line 1, would make the                 
  State responsible for maintaining the building.                              
  that language was used resulting from concern that the  boot                 
  camp program  wants to use the State facilities at Wildwood.                 
  Legal counsel advised to include that language.                              
  stated that the Department agrees  with the changes provided                 
  in the bill.                                                                 
  Representative Mulder questioned  the $2 million dollars  in                 
  the fiscal note  as indicated received  in FY96.  He  stated                 
  that the  assumption was  that the  $2  million dollars  was                 
  related to  the boot camp.   Mr. Parker stated  that was the                 
  amount  that the  federal  government needs  to  distribute,                 
  although  no federal  funds  have yet  been  awarded.   That                 
  amount was awarded for activity last year.                                   
  Representative  Therriault  questioned  Page  3,  Line   15,                 
  speaking  to  the  150  day  term  sentencing.   Mr.  Parker                 
  responded that the person would need to have to serve enough                 
  time in order to complete the course if sentenced to it.  He                 
  added that the plan would be  to run two five month courses.                 
  If a person  had not  been sentenced for  five months,  they                 
  would not be required to do the course.                                      
  Representative Martin recommended  including a clause  which                 
  would  authorize  program  receipts   to  be  authorized  by                 
  Legislative Budget and Audit (LBA)  Committee in addition to                 
  any federal monies.   Co-Chair  Hanley stated that  specific                 
  language would  need to  be included  indicating the  dollar                 
  amount.    Representative   Martin  suggested  including  $1                 
  thousand dollars program receipts in the  fiscal note.  They                 
  would then be  able to come to LBA if  additional funds were                 
  needed.  Mr. Parker  remarked that as a class,  these people                 
  were normally indigent.                                                      
  Representative Kohring MOVED to report CS  HB 2 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  Representative Mulder OBJECTED to                 
  the fiscal note.   Co-Chair Hanley recommended  revising the                 
  fiscal note to include $2 million  dollars federal funds and                 
  $1 thousand dollars general fund program receipts to address                 
  regulations if adopted.  There  being NO further OBJECTIONS,                 
  it was adopted.                                                              
  CS HB 2 (FIN) was reported out of Committee with a "do pass"                 
  recommendation and with  a fiscal note by  the Department of                 

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