SB 33-ARREST;RELEASE;SENTENCING;PROBATION  3:36:27 PM CHAIR SHOWER announced the consideration of SENATE BILL 33 "An Act relating to pretrial release; relating to sentencing; relating to treatment program credit toward service of a sentence of imprisonment; relating to electronic monitoring; amending Rules 38.2 and 45(d), Alaska Rules of Criminal Procedure; and providing for an effective date." He welcomed Ms. Winkelman and Ms. Goode from the Department of Corrections to respond to questions that came up in the previous hearing, primarily about ankle monitors. 3:37:01 PM JEN WINKELMAN, Director, Division of Probation and Parole, Department of Corrections (DOC), responded to the committee's request for information about the daily cost of the monitoring equipment DOC uses. She explained that the individual cost varies depending on the particular equipment that's required but the average cost to rent the equipment is $6.75 per day. The next question was whether there were consequences if an individual failed to keep their monitoring equipment in operating order. She checked with staff and learned that a defendant in pretrial status who does not maintain their equipment is charged with a misdemeanor for violating their conditions of release. CHAIR SHOWER clarified that maintaining equipment is primarily keeping the battery charged. MS. WINKELMAN agreed. SENATOR MICCICHE asked if DOC or the monitoring company knows when a battery dies. MS. WINKELMAN explained that when the battery gets low it sends a warning alert to both the probation officer and the defendant. If the device stops working, the officer responds to determine the reason for the failure. She noted that equipment does malfunction from time to time; failure is not always the result of a dead battery. SENATOR KAWASAKI asked how she calculated the average cost of $6.75. MS. WINKELMAN explained that she broke the total annual cost into an average daily cost and divided by the number of individuals on the program. She noted that the cost of the various types of monitoring equipment ranges from $3 to $8. If the circumstances of the arrest relate to alcohol, for example, the monitoring equipment that's ordered would be very different than for a defendant whose arrest has no nexus to alcohol. She advised that to answer the question about what the best monitor is, she reviewed a list of the things DOC looks for. These include the capability to attach to the ankle, notification if the device is tampered with or removed, and a device that is sealed and shock resistant. She noted that not all equipment works in all areas of Alaska and that has to be taken into consideration when contracting with different companies. For example, DOC has experienced difficulty getting equipment to work in Bethel and just one type works in Barrow. 3:43:11 PM KELLY GOODE, Deputy Commissioner, Department of Corrections (DOC), Anchorage, said DOC is aware of just four or five companies that manufacture electronic monitoring (EM) equipment. She offered to follow up with information on which features each company offers. CHAIR SHOWER said the primary question now is if the state is getting the features it needs. SENATOR MICCICHE said he continues to believe that the private sector should provide this service, but the specifications and DOC's requirements need to be clear. He asked if DOC's requirements and expectations are clear. MS. GOODE said she reached out to a couple of the providers and they raised no issues regarding meeting the state's requirements and expectations. She noted that the committee also expressed interest in knowing whether these companies could mobilize quickly should the bill pass. The providers she spoke with said it would take a little time to ramp up, but they could meet the need as private contractors. 3:45:54 PM CHAIR SHOWER stated he would hold SB 33 in committee.