SB 89-ELECTRONIC MONITORING OF GANG PROBATIONER  3:35:55 PM CHAIR FRENCH announced the consideration of SB 89 and solicited a motion to adopt Version \E committee substitute (CS) as the working document SENATOR HUGGINS motioned to adopt Version \E CS for SB 89 labeled, 25-LS0644\E. There was no objection. 3:36:21 PM SENATOR WIELECHOWSKI explained that the previous version addressed gang members on probation, but did not include parolees. The Criminal Division of the Department of Law asked that parolees be included and so a new section was added to accommodate that request. The Department of Corrections (DOC) suggested removing the word "continuous" to give it leeway in cost effectively administering the program and that was done. That resulted in a revised indeterminate DOC fiscal note. The current analysis indicates the estimated general fund cost at $195 thousand, which is down from about $1 million. This last weekend he received a demonstration from constituents who do this type of work. Essentially, a Blackberry is programmed so that whenever someone moves in or out of a particular zone the PDA [personal digital assistant] beeps. When that happens someone contacts the person who is wearing the ankle bracelet to find out what is happening. That is more passive than having someone sitting in a room watching a number of different screens. Removing the requirement for the monitoring to be continuous will have a fairly significant impact, he stated. 3:38:20 PM CHAIR FRENCH, directing a question to Mr. Peeples, asked if $40 per day per ankle monitor is the cost estimate that was applied. DWAYNE PEEPLES, Deputy Commissioner, Department of Corrections (DOC), referenced the analysis on page 2 of the indeterminate fiscal note, which breaks out a series of scenarios. The right column shows a passive model ratio of 1 probation officer to 40 offenders. DOC allocates $40 per day under the system of releasing inmates from institutions under furlough. That includes release to a halfway house, a community residential center or on electronic monitoring. That is fairly comparable to this, he stated and it does not use GPS. The numbers reflect first year estimates that include startup costs of purchasing computers and vests for new probation officers. CHAIR FRENCH noted that the daily cost per offender is $17 and the estimate for collections is 30 percent. He asked if the idea is to charge probationers for the ankle bracelets. MR. PEEPLES said that's the idea. For this program DOC would try to recover about $75,000 per year toward operating costs. 3:41:55 PM CHAIR FRENCH highlighted the previous policy discussion about the difference between a special condition and a general condition. Making it a special condition would require a higher burden of proof and his understanding is that it would be necessary to prove that the person is a member of a criminal street gang for the condition to apply. Making it a general condition would be a lower burden of proof; it would apply to anyone who is convicted of a felony provided that there is some nexus between the crime that was committed and criminal street gangs. 3:43:07 PM ANNE CARPENETI, Assistant District Attorney, Criminal Division, Department of Law, said right now it's pegged to the finding of the aggravating factor, which is AS 12.55.155(c)(29). As drafted this may be a Blakley factor meaning that prosecutors would need to prove to the jury beyond a reasonable doubt the connection to an aggravating factor. Mr. Svobodny previously suggested that another approach would be to make it a general condition of probation. That way it wouldn't require going through the procedure that under Blakley is required for every aggravating factor unless it's connected to a prior conviction. CHAIR FRENCH summarized that for this condition to apply, both the grand jury and the trial jury would have to find that the crime was committed by a criminal street gang member. MS. CARPENETI said that's the effect. 3:44:30 PM SENATOR WIELECHOWSKI recalled that Mr. Svobodny suggested making it a special condition for anyone who is on parole or probation. For fiscal reasons he limited it to those who met the aggravating factor under AS 12.55.155(c)(29). CHAIR FRENCH observed that the fiscal conversation may be better suited for the finance committee. This committee is to confront legal questions such as whether the application should be narrow and apply to all or broad and apply to few. He would defer to the bill sponsor. SENATOR WIELECHOWSKI said his goal is to deal with the increasing gang problems in Anchorage. The idea is to keep track of gang members who are on parole so that if they do congregate or go to prohibited areas the movement will be recorded using global positioning system (GPS). The policy call to make it a special condition was to keep the cost down, but it could be expanded to any number of people on parole or probation. 3:46:09 PM CHAIR FRENCH said he just wanted the committee to make a heads- up eyes-wide-open policy call while the bill is in the committee. SENATOR HUGGINS stated a preference to keep the bill narrow, but he is concerned about the state's liability. CHAIR FRENCH acknowledged it is a valid question, adding that that is a tough legal doctrine. SENATOR WIELECHOWSKI agreed that it would be difficult for anyone to go against the state. SENATOR HUGGINS said the benefit is that this will show what it costs. If it proves to be successful the program can be expanded. 3:47:51 PM CHAIR FRENCH found no further questions or comments and asked the will of the committee. SENATOR HUGGINS motioned to report CSSB 89(JUD) from committee with individual recommendations and attached fiscal note(s). There being no objection, it was so ordered. At ease 3:48:33 PM