Legislature(2007 - 2008)SENATE FINANCE 532

05/09/2007 09:00 AM Senate 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
Moved CSHB 133(FIN) Out of Committee
+= HB 229 KENAI GASIFICATION PROJECT; RAILROAD BOND TELECONFERENCED
Heard & Held
+= SB 104 NATURAL GAS PIPELINE PROJECT TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 109 DISCLOSURES & ETHICS/BRIBERY/RETIREMENT
Moved SCS CSHB 109(FIN) Out of Committee
                                                                                                                                
     CS FOR HOUSE BILL NO. 133(JUD)                                                                                             
     "An  Act relating  to requiring  electronic monitoring  as a                                                               
     special  condition  of  probation or  parole  for  offenders                                                               
     whose offense was related to a criminal street gang."                                                                      
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Stedman   noted  that  the  Committee   had  previously                                                               
reported  out SB  89-ELECTRONIC MONITORING  OF GANG  PROBATIONER,                                                               
the Senate companion bill to  this legislation. The sponsor of HB
133 would be providing an  explanation of the differences between                                                               
the two bills.                                                                                                                  
                                                                                                                                
10:08:22 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  BOB  BUCH,  the   bill's  sponsor,  stressed  the                                                               
importance of this  bill: it "may be the  difference between life                                                               
and death for some of those  people living in Anchorage." Both SB
89 and  HB 133  would require people  "convicted of  violent gang                                                               
related  crimes  to  wear  electronic  monitoring  devices"  when                                                               
released on probation or parole.                                                                                                
                                                                                                                                
Representative  Buch addressed  the differences  between the  two                                                               
bills as follows.                                                                                                               
                                                                                                                                
     HB 133 is more narrowly focused than SB 89.                                                                                
                                                                                                                                
     SB 89  applies to  offenders convicted of  both misdemeanors                                                               
     and felonies. HB 133 applies  only to offenders convicted of                                                               
     felonies.  Because   of  this  difference,  HB   133  has  a                                                               
     substantially lower fiscal note.                                                                                           
                                                                                                                                
     SB  89   allows  offenders  to  replace   prison  time  with                                                               
     electronic monitoring.  HB 133  does not allow  offenders to                                                               
     replace prison time with electronic monitoring.                                                                            
                                                                                                                                
     HB  133  has  a  sunset  provision.  SB  89  has  no  sunset                                                               
     provision.                                                                                                                 
                                                                                                                                
     HB  133  gives the  Department  of  Corrections the  receipt                                                               
     authority to collect funds from  the offender to pay for the                                                               
     cost of electronic monitoring.                                                                                             
                                                                                                                                
     HB 133 is the version that is supported by the Department                                                                  
     of Corrections and the Department of Law.                                                                                  
                                                                                                                                
Representative  Buch noted  that people  living in  the Anchorage                                                               
and Kenai  areas and their  police departments support  this bill                                                               
version.                                                                                                                        
                                                                                                                                
Representative Buch  pointed out that  HB 133's fiscal  notes are                                                               
similar  to  those  accompanying  SB 89  except  they  are  "less                                                               
expensive". For  instance, the Department of  Corrections' fiscal                                                               
note   accompanying  SB   89  contained   three  different   cost                                                               
scenarios;   the   Department    of   Corrections   fiscal   note                                                               
accompanying HB 133 is the least of those three.                                                                                
                                                                                                                                
10:11:17 AM                                                                                                                   
                                                                                                                                
In  response to  a question  from Senator  Thomas, Representative                                                               
Buch  clarified that,  unlike SB  89, HB  133 would  not allow  a                                                               
person to replace jail time with electronic monitoring.                                                                         
                                                                                                                                
10:11:55 AM                                                                                                                   
                                                                                                                                
Senator  Olson asked  whether  there was  any  opposition to  the                                                               
bill.                                                                                                                           
                                                                                                                                
Representative  Buch  considered this  a  very  serious piece  of                                                               
legislation. While  it would  have a fiscal  impact, it  has been                                                               
tightly constructed  to accommodate law enforcement  requests. It                                                               
has  significant  support  from  the  communities  of  Anchorage,                                                               
Kenai, and Fairbanks.                                                                                                           
                                                                                                                                
Senator Olson  commended the  bill's sponsor  for his  efforts on                                                               
the bill.                                                                                                                       
                                                                                                                                
10:12:45 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman asked whether gang-related  crimes were an issue                                                               
in other  areas of  the State  besides Anchorage,  Fairbanks, and                                                               
Kenai.                                                                                                                          
                                                                                                                                
Representative Buch  replied that other communities  believe that                                                               
addressing  the   gang-related  crime  activity  that   is  being                                                               
"expressly  exhibited in  Anchorage" would  assist in  preventing                                                               
this  type of  activity  from  spreading to  other  areas of  the                                                               
State. The idea is to "nip it in the bud as early as possible."                                                                 
                                                                                                                                
10:13:24 AM                                                                                                                   
                                                                                                                                
Co-Chair Hoffman  moved to  report the  bill from  Committee with                                                               
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There  being  no objection,  CS  HB  133(FIN) was  REPORTED  from                                                               
Committee with  four previous fiscal  notes: zero fiscal  note #1                                                               
from the  Department of  Law; indeterminate  fiscal note  #2 from                                                               
the Department  of Administration;  indeterminate fiscal  note #3                                                               
from  the Department  of  Corrections;  and indeterminate  fiscal                                                               
note #4 from the Alaska Court System.                                                                                           
                                                                                                                                
10:14:25 AM                                                                                                                   
                                                                                                                                

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