Legislature(2007 - 2008)SENATE FINANCE 532
04/16/2007 09:00 AM FINANCE
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* first hearing in first committee of referral
= bill was previously heard/scheduled
= bill was previously heard/scheduled
9:56:13 AM CS FOR SENATE BILL NO. 89(JUD) "An Act relating to requiring electronic monitoring as a special condition of probation for offenders whose offense was related to a criminal street gang." This was the second hearing for this bill in the Senate Finance Committee. Co-Chair Stedman informed that his staff as well as the sponsor had been preparing a new committee substitute. 9:57:02 AM Senator Huggins offered a motion to adopt CS SB 89, 25LS0644\L, as a working document. [Note: Although the motion was not formally passed no objection was made and the intent of the Committee was that committee substitute Version "L" be ADOPTED.] 9:57:35 AM SENATOR BILL WIELECHOWSKI, Sponsor of the bill, outlined the changes included in the committee substitute. The title was changed to reflect the expansion of the program to include parolees, as initially provided for in the Senate Judiciary Committee substitute. Language of Version "S" was inserted to provide for participants to pay a portion of the costs associated with their monitoring system. Senator Wielechowski reminded that the Committee had also requested a "more solid understanding" of the cost of the program. A revised fiscal note was prepared, which the Department of Corrections could address. 9:59:29 AM Co-Chair Stedman deduced the Committee had no questions of the sponsor. He requested the Department speak to the revised fiscal note. 10:00:04 AM DWAYNE PEEPLES, Deputy Commissioner, Department of Corrections, testified that the original indeterminate fiscal note was amended at the request of the Committee to provide an estimate of the costs. However, an error was made in that the figures listed for FY 08 would not actually be incurred until FY 09. He explained that little expense is anticipated for FY 08, as the program would have few participants in its inception. The Department would apprise both finance committees of any actual expenses and if unable to absorb those costs in the FY 08 operating budget, a supplemental funding appropriation would be requested. Mr. Peeples spoke to the decision rendered in Blakely v. Washington pertaining to mandatory sentencing guidelines that prohibited judges from enhancing criminal sentences based on facts not presented to the jury. He stated that the ruling would require a second determination in court that the aggravating factor existed. The Department concluded therefore that few would participate in the proposed program in FY 08. Mr. Peeples informed that the Department would submit a corrected fiscal note in which FY 08 expenditures would be changed to indeterminate and subsequent expenditures would be moved "one year out." AT EASE 10:01:37 AM / 10:02:07 AM 10:02:17 AM Senator Thomas asked if the forthcoming fiscal note would reflect "any significant impact" from participant's contributions toward expenses. 10:02:53 AM Mr. Peeples replied that the language of the committee substitute is reflected in the calculations of the fiscal note. No additional impact is expected. 10:03:14 AM Co-Chair Stedman announced that although his intent had been to report this bill from Committee at this meeting, such action would be delayed until a corrected fiscal note was obtained and reviewed. He also requested additional detail on the anticipated revenue and likelihood of collection from parolees and probationers ordered to pay a portion of the cost. 10:04:23 AM Mr. Peeples apologized for the error in the revised fiscal note. 10:04:38 AM Co-Chair Stedman accepted the apology. He established that no other testimony was forthcoming. 10:05:01 AM Co-Chair Stedman ordered the bill HELD in Committee.