SENATE BILL NO. 67 "An Act relating to the crime of unlawful evasion." 7 SENATOR JOHNNY ELLIS, SPONSOR testified in support of SB 67. He observed that Anchorage downtown activists requested the legislation in response to concerns that escapes of misdemeanants from halfway houses were not being taken seriously. He observed that there were 23 walk-aways by misdemeanants in half-way houses in FY 93, 68 in FY 94, and 31 to date in FY 95. He stated that walk aways have gone on to commit drunk driving and drug crimes. He maintained that the current sanction should be consolidated at the higher felony level of up to one year in prison and up to a $5.0 thousand dollar fine. Misdemeanants would have the same deterrent as felons for escaping from a half-way house. He observed that a consensus was achieved by neighborhood activists and operators of the half-way houses. Co-Chair Foster questioned the zero fiscal impact. Senator Ellis emphasized that the intent is to create a deterrent. MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW stressed that there is no difference in the cost of prosecuting class A or class B misdemeanor cases. She stressed that while there would be no fiscal cost from the legislation there would be a deterrent impact. She emphasized that the legislation simplifies the criminal code and is welcomed by the Department of Law. In response to a question by Co-Chair Foster, Ms. Knuth noted that the typical offender housed in a half-way house is non-violent. Representative Parnell questioned why there would be no increase to the Department of Corrections to reflect the increased jailed time. Ms. Knuth stated that there is an assumption that the actual period of incarceration is not likely to go up. She observed that there would be a longer period of supervision under a suspension of sentence. She acknowledged that there may be some additional time if the suspension is revoked. She added that if the suspended sentence is revoked another offense would be involved. Representative Martin queried if offenders that walk away from a half-way house would have to serve their probation time. Ms. Knuth noted that there will be times when the half-way house constitutes the offender's sentence. Senator Ellis observed a trend toward more serious offenders being placed in halfway houses due to over crowding in correctional facilities. He acknowledged that it is good policy to have a facility from which offenders can be transitioned back into the community. Co-Chair Foster MOVED to report SB 67 out of Committee with individual recommendations and with the accompanying fiscal 8 notes.