04/17/2007 01:30 PM House FINANCE

HOUSE BILL NO. 133                                                                                                            
                                                                                                                                
     An Act relating to requiring electronic monitoring as a                                                                    
     special condition of probation for offenders whose                                                                         
     offense was related to a criminal street gang.                                                                             
                                                                                                                                
REPRESENTATIVE  BOB BUCH,  SPONSOR,  referenced  the memo  he                                                                   
submitted   to  the  Committee   dated  4/12/07,   addressing                                                                   
previous  concerns  voiced  by Representative  Hawker.    The                                                                   
issues  were addressed  during testimony  taken in the  House                                                                   
Judiciary  Committee.    He  added   that  there  is  nothing                                                                   
unconstitutional about  the bill before the  Committee, which                                                                   
is fiscally responsible.                                                                                                        
                                                                                                                                
Representative  Hawker  noted that  he  had  spoken with  the                                                                   
Department of  Law & the law enforcement  community regarding                                                                   
these  concerns and  thought  that the  intended  application                                                                   
would be narrowly utilized in the current form.                                                                                 
                                                                                                                                
1:48:19 PM                                                                                                                    
                                                                                                                                
Co-Chair  Chenault   mentioned  the  fiscal  note   from  the                                                                   
Department  of  Corrections  and  asked  what  the  intensive                                                                   
supervision  of  the  current  monitoring  system  would  be.                                                                   
Representative Buch explained  that in the original drafting,                                                                   
the use of "continuous" caused  confusion as well as a fiscal                                                                   
note.   The interpretation by  the Department  of Corrections                                                                   
differed from the State Police  Department.  He recommended a                                                                   
better way to monitor.                                                                                                          
                                                                                                                                
DWAYNE   PEEPLES,   DEPUTY   COMMISSIONER,    DEPARTMENT   OF                                                                   
CORRECTIONS,  addressed the continuous  monitoring,  in which                                                                   
there would  be a 1 to 15  ratio for probation officers.   He                                                                   
discussed other  adjustments reducing  the pool of  potential                                                                   
bodies  by  removing  the  reference  to  misdemeanors  being                                                                   
charged to  the felony  category.   The fiscal narrative  has                                                                   
remained the same, documenting  the pool.  Mr. Peeples noted,                                                                   
currently,  the  Department is  using  a  1 to  40  probation                                                                   
officer  ratio  for  problematic   probations,  reducing  the                                                                   
numbers.  Due  to previous bill changes, the  Department does                                                                   
not know when candidates will  appear under the Department of                                                                   
Correction's supervision.                                                                                                       
                                                                                                                                
1:52:13 PM                                                                                                                    
                                                                                                                                
Co-Chair Chenault assumed that  the Department of Corrections                                                                   
would handle  juveniles  within the program.   He  understood                                                                   
that the current  ratio, however, was concerned  if prisoners                                                                   
moving outside  areas they do  not currently live in  and how                                                                   
they  would be  monitored.   Mr.  Peeples  explained that  by                                                                   
removing  the word  "continuous",  their  movements would  be                                                                   
reviewed on  a daily  basis, making  sure they are  complying                                                                   
with the conditions of probation.                                                                                               
                                                                                                                                
Representative Hawker  asked if the fiscal note  was based on                                                                   
the 96  offender's currently on  probation, asking if  it was                                                                   
the same  criteria for  the mandatory  element.  Mr.  Peeples                                                                   
did not  know; it is  now the current pool  & no one  in that                                                                   
pool has passed the aggravating probation factor hurtle.                                                                        
                                                                                                                                
Representative Hawker  inquired if the factor  was determined                                                                   
by the  judge at the  time of conviction.   Mr.  Peeples said                                                                   
yes and that only  two have reached that as reported.   It is                                                                   
a  moving target  & the  prosecutors  will need  to bring  it                                                                   
forward, there is an incentive.                                                                                                 
                                                                                                                                
Representative  Hawker understood  that the  bill would  have                                                                   
future advantage.  He pointed  out that the fiscal note is an                                                                   
unreasonable assumption  and is not supported by  the body of                                                                   
testimony.  Mr. Peeples pointed  out that the current version                                                                   
provides a sunset date.                                                                                                         
                                                                                                                                
1:58:27 PM                                                                                                                    
                                                                                                                                
Representative Buch  said it is  important to place  a sunset                                                                   
in order  to determine  if the  project is  functional.   The                                                                   
sunset is five years.                                                                                                           
                                                                                                                                
Co-Chair Meyer  indicated concern with  the size of  the note                                                                   
and asked  if three  years could  work.  Representative  Buch                                                                   
said  the Department  of  Corrections indicated  three  years                                                                   
would not  be long  enough to  gather and implement  required                                                                   
data.                                                                                                                           
                                                                                                                                
Representative  Thomas  asked  where the  convicts  currently                                                                   
are.   Representative  Buch replied  they  are not  addressed                                                                   
through the legal  issues of the legislation.  HB  133 is the                                                                   
initial step,  providing tools  to the  police force  so that                                                                   
they  can   enact  some-kind   of  a   stop-gap  to   prevent                                                                   
recidivism.  Mr.  Peeples thought that most  are concentrated                                                                   
in  the Anchorage  area;  no one  yet  has  gone through  the                                                                   
program.                                                                                                                        
                                                                                                                                
2:02:33 PM                                                                                                                    
                                                                                                                                
Representative Hawker MOVED to  REPORT CS HB 133 (FIN) out of                                                                   
Committee  with  individual  recommendations   and  with  the                                                                   
accompanying fiscal notes.  There  being NO OBJECTION, it was                                                                   
so ordered.                                                                                                                     
                                                                                                                                
CS HB  133 (FIN)  was reported  out of  Committee with  a "no                                                                   
recommendation" and  with zero note  #1 by the  Department of                                                                   
Law and indeterminate  notes #2, #3 and #4  by the Department                                                                   
of  Administration,  Department  of  Corrections  and  Alaska                                                                   
Court System.                                                                                                                   
                                                                                                                                
                                                                                                                                
AT EASE:       2:04:04 PM                                                                                                     
RECONVENE:     2:05:26 PM