03/11/1994 09:05 AM Senate STA

 CHAIRMAN LEMAN brings up HB 313 (IMPOSITION/REVOCATION,SUSPENDED              
 SENTENCES) as the next order of business before the committee.  The           
 chairman calls the prime sponsor to testify.                                  
                                                                               
 Number 103                                                                    
                                                                               
 REPRESENTATIVE PETE KOTT, prime sponsor of HB 313 states HB 313               
 primarily deals with class B misdemeanors.  Under current law, a              
 judge cannot put a person on probation any longer than the maximum            
 period of time that person could be sentenced to prison.  For                 
 instance, the maximum sentence for disorderly conduct is ten days,            
 so a judge could not sentence a person convicted of disorderly                
 conduct to probation for more than ten days.  The intent of HB 313            
 is to give judges a little discretion in sentencing.  It will allow           
 judges to put a defendant on probation for up to a year.  It is               
 hoped that this option in sentencing will free up some prison                 
 space.                                                                        
                                                                               
 Assigning a person to probation, and as a part of that probation              
 requiring them to attend an alcohol rehabilitation program, would             
 not fall under the parameters of the current probation status if              
 the alcohol rehabilitation program is for a longer period of time             
 than the amount of time they are on probation.                                
                                                                               
 Number 128                                                                    
                                                                               
 CHAIRMAN LEMAN asks if there has been any previous objection to HB
.                                                                          
                                                                               
 REPRESENTATIVE KOTT states HB 313 passed the House of                         
 Representatives by a vote of 36 to 0.                                         
                                                                               
 CHAIRMAN LEMAN asks if there is anyone in the public who wishes to            
 testify on HB 313.  The chairman asks Ms. Knuth if she would like             
 to join the committee at the table.                                           
                                                                               
 Number 132                                                                    
                                                                               
 SENATOR TAYLOR states that, as a former district court judge, had             
 the provisions contained in HB 313 been available to him, he would            
 have utilized them.  There are many times when the amount of                  
 maximum sentence allowable forces a judge to actually incarcerate             
 more frequently when there isn't opportunity to do the type of                
 probationary activities that will often times turn a person around.           
 Senator Taylor thinks HB 313 is an excellent idea.                            
                                                                               
 Number 142                                                                    
                                                                               
 MARGOT KNUTH, Assistant Attorney General, Criminal Division,                  
 Department of Law states the Department of Law very much supports             
 HB 313.  It is something the department knows judges would like to            
 have as an option during sentencing.  Many judges have trouble                
 deciding whether a person should have suspended imposition of                 
 sentence in 90 days or 10 days.  So the judges enter a conviction             
 of record that cannot be removed from the defendants record,                  
 because that enables the judge to give a defendant a years                    
 probation.                                                                    
                                                                               
 MS. KNUTH states the Public Defender's Office, the Office of Public           
 Advocacy, the Court System, and the Department of Law all support             
 HB 313.                                                                       
                                                                               
 CHAIRMAN LEMAN asks if anyone else wishes to testify on HB 313.               
                                                                               
 Number 170                                                                    
                                                                               
 SENATOR TAYLOR makes a motion to discharge HB 313 from the Senate             
 State Affairs Committee with individual recommendations.                      
                                                                               
 Number 172                                                                    
                                                                               
 CHAIRMAN LEMAN, hearing no objection, orders HB 313 released from             
 committee with individual recommendations.