03/26/2007 02:44 PM House JUD

HB 133 - ELECTRONIC MONITORING OF GANG PROBATIONER                                                                            
                                                                                                                                
4:05:43 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
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."   [Before                                                               
the committee was  the proposed committee substitute  (CS) for HB
,  Version 25-LS0465\E,  Luckhaupt,  2/20/07,  which had  been                                                               
adopted  as  the  work  draft on  2/21/07;  included  in  members                                                               
packets  was another  proposed committee  substitute (CS)  for HB
, Version 25-LS0465\L, Luckhaupt, 3/14/07.]                                                                                  
                                                                                                                                
4:06:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  adopt the  proposed committee                                                               
substitute  (CS)  for  HB 133,  Version  25-LS0465\L,  Luckhaupt,                                                               
3/14/07, as the work draft.   There being no objection, Version L                                                               
was before the committee.                                                                                                       
                                                                                                                                
4:06:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BOB  BUCH,  Alaska  State  Legislature,  sponsor,                                                               
relayed that Version  L has deleted reference to  AS 12.55.137 in                                                               
order to narrow the focus of the  bill so that it only applies to                                                               
violent  offenders   who  commit   felony  crimes;   has  deleted                                                               
reference  to  "continuous  monitoring"   so  that  the  type  of                                                               
electronic  monitoring  used  will   be  that  which  immediately                                                               
informs  the probation  officer  if the  probationer violates  an                                                               
inclusion or exclusion zone; and  now contains a five-year sunset                                                               
provision so  that the  legislature will  have an  opportunity to                                                               
assess the effectiveness  of the bill.  He mentioned  that all of                                                               
these changes will result in decreased fiscal notes.                                                                            
                                                                                                                                
REPRESENTATIVE BUCH said  that although he'd tried  to expand the                                                               
bill so that  it would apply to youth who  commit heinous violent                                                               
crimes but who aren't members  or associate members of a criminal                                                               
street  gang, he'd  been  advised  by the  drafter  that such  an                                                               
expansion  would be  unconstitutional  and by  the Department  of                                                               
Corrections (DOC)  and the Department  of Law (DOL) that  such an                                                               
expansion is unnecessary because,  if caught and convicted, there                                                               
is a  good chance that  such persons either wouldn't  be eligible                                                               
for  probation before  the bill  sunsets or  would be  subject to                                                               
electronic monitoring anyway.                                                                                                   
                                                                                                                                
REPRESENTATIVE BUCH  expressed his  hope that the  committee will                                                               
support the bill  and thus place this  proposed additional burden                                                               
on those criminals  that have shown a disregard for  the lives of                                                               
others.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  DAHLSTROM  expressed  appreciation for  the  work                                                               
done  on the  bill, and  indicated  that her  concerns have  been                                                               
satisfied by Version L.                                                                                                         
                                                                                                                                
CHAIR  RAMRAS  characterized Version  L  as  a better  bill,  and                                                               
expressed appreciation for the work done it.                                                                                    
                                                                                                                                
4:14:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM moved  to report the proposed  CS for HB
, Version  25-LS0465\L, Luckhaupt,  3/14/07, out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There  being no  objection, CSHB  133(JUD) was  reported                                                               
from the House Judiciary Standing Committee.