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 third hearing for this bill in the Senate Finance Committee. Co-Chair Stedman noted the bill had been held in Committee in order to further review the fiscal impact of the bill on the Department of Corrections. 9:07:51 AM SENATOR BILL WIELECHOWSKI, the bill's sponsor, informed the Committee that a new fiscal note, dated April 16, 2007, has been provided. The determination was that the program would not incur any expense in FY 2008 (FY 08). The anticipated costs of the program from FY 2009 through FY 2012 were depicted on the fiscal note. 9:08:56 AM DWAYNE PEEPLES, Deputy Commissioner, Department of Corrections, addressed the new fiscal note. While the Department anticipates a substantial number of people might qualify for this electronic monitoring (EM) program in the future, the immediate fiscal impact would be delayed as a result of the US Supreme Court's decision in Blakely v. Washington. That decision would slow the process involved in subjecting people to the probation program. Therefore, the fiscal note was developed with the understanding that the earliest date anticipated for admitting someone to this EM program might be the last quarter of FY 08; it is more likely that no one would be monitored until early FY 09. This is the reason no expenses are reflected for FY 08. Mr. Peeples stated that if only a few participate in the EM program in FY 08, the expense would be absorbed within the Department's Intensive Supervision and Surveillance Probation Program (ISSPP). The Finance Committee would be alerted if the program experienced a large unexpected influx of participants in FY 08. Co-Chair Stedman asked regarding the indeterminate fiscal impact specified for FY 12 and FY 13. Mr. Peeples informed that the program being addressed by this fiscal note is one monitor for each 40 probationers. Projections are that the program's caseload would increase to approximately 40 over the next three years, as reflected in the $168,400 FY 09 expense, the $208,300 FY 10 expense, and the $258,900 FY 11 expense. Expenses after FY 12 are indeterminate; they would be affected by actions of the Department of Law, the Alaska Court System, and police departments. 9:11:13 AM Senator Dyson recalled that some categories of prisoners had paid for the expenses associated with their monitoring devices. 9:11:38 AM Mr. Peeples reminded the Committee that in the 1980s an effort had been undertaken to charge probationers the cost of their probation services. He characterized that effort as "a bust"; it did not work, and the associated statutes were ultimately rescinded. Mr. Peeples further noted that electronic monitoring is currently utilized "for sentenced prisoners on furlough". Those individuals pay $17 per day. This revenue "provides most of our contract fees". 9:12:21 AM Senator Dyson asked whether individuals in this program would be subjected to a fee. Mr. Peeples responded in the affirmative. Language in the committee substitute would provide the Department the authority "to collect for probationers under this program". Senator Dyson asked for further information about the Blakely v. Washington decision. Mr. Peeples explained that a case in the State of Washington had been appealed to the United States Supreme Court. The Supreme Court ruled in the so-called Blakely Decision that a two step process must occur "when you are imposing extra standards". First, there must be a conviction and second, a separate hearing must occur "to prove the circumstances for the higher level of surveillance under probation". Co-Chair Hoffman moved to report the Version "L" committee substitute from Committee with individual recommendations and accompanying fiscal notes. There being no objection, CSSB 89(FIN) was REPORTED from Committee with new zero Department of Corrections fiscal note dated April 16, 2007; previous zero fiscal note #1 from the Department of Law' previous indeterminate fiscal note #2 from the Alaska Court System; previous indeterminate fiscal note #3 from the Department of Administration, Office of Public Advocacy; and previous indeterminate fiscal note #4 from the Department of Administration, Public Defender Agency. AT EASE 9:14:14 AM / 9:14:57 AM