Legislature(2007 - 2008)SENATE FINANCE 532

04/16/2007 09:00 AM FINANCE


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09:10:53 AM Start
09:12:06 AM Bill and Melinda Gates Foundation: Sound Families Initiative
09:56:13 AM SB89
10:05:23 AM SB69
10:39:27 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: Bill & Melinda Gates TELECONFERENCED
Foundation: Sound Families Initiative
David Wertheimer, Sen. Program Officer
Jeff Jessee, CEO, AK Mental Health Trust
+= SB 89 ELECTRONIC MONITORING OF GANG PROBATIONER TELECONFERENCED
Heard & Held
+ SB 69 CIVIL LEGAL SERVICES FUND TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
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.                                                                            
                                                                                                                                

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