02/25/2005 01:30 PM House FINANCE

 HOUSE BILL NO. 134                                                                                                           
                                                                                                                                
      "An  Act   making  supplemental,   capital,  and   other                                                                  
      appropriations,    and    reappropriations;     amending                                                                  
      appropriations;  making  appropriations  to  capitalize                                                                   
      funds;  making an  appropriation  under  art.  IX,  sec.                                                                  
      17(c), Constitution  of the  State of  Alaska, from  the                                                                  
      constitutional budget  reserve fund;  and providing  for                                                                  
      an effective date."                                                                                                       
                                                                                                                                
 DEPARTMENT OF ADMINISTRATION                                                                                                 
                                                                                                                                
 Section 1 d Public Defender Agency                                                                                             
                                                                                                                                
      Projected annual caseload increase - PD was reappointed                                                                   
      to  several  hundred  old  cases  associated  with   the                                                                  
      Blakely decision  which  rendered  some aspects  of  the                                                                  
      State     of      Alaska's     sentencing     framework                                                                   
      unconstitutional.  Also,  increases in travel to  remote                                                                  
      courts,  expert  witness,  discovery  and  file  storage                                                                  
      costs.  Funding   of  $24.9   in  General  Fund/Program                                                                   
      Receipts  is from  the  Dept. of  Law  from collections                                                                   
      under Criminal  Rule 39 and  Appellate Rule  209.   Also                                                                  
      includes Therapeutic court  funding coming from  federal                                                                  
      funds received by  the National  Council on Alcohol  and                                                                  
      Drug Dependency and allocated to State agencies.                                                                          
                                    $887.2 GF; $20.0 SDPR                                                                       
                                                                                                                                
 BARBARA  BRINK,  DIRECTOR,   PUBLIC  DEFENDER  AGENCY,   (via                                                                  
 teleconference), explained that the request for supplemental                                                                   
 funds is based on caseload and workload increases, which  are                                                                  
 out of the Public Defender Agency's control.  The percentage                                                                   
 of increase in caseloads is  9 percent this year, over  2,000                                                                  
 more cases than last year,  primarily because of the  Blakely                                                                  
 decision.  There is also  an increase of 2,300 more  Superior                                                                  
 Court felony  filings  than last  year,  which are  the  most                                                                  
 time-consuming, cost-intensive  cases.   The Public  Defender                                                                  
 Agency has also  picked up some cases  previously handled  by                                                                  
 the Office of Public Advocacy.                                                                                                 
                                                                                                                                
 3:43:18 PM                                                                                                                   
                                                                                                                                
 Section 1 c Office of Public Advocacy                                                                                          
                                                                                                                                
      Projected annual  caseload  increase  - Because  of  the                                                                  
      difficulty in projecting case types and costs 18  months                                                                  
      in advance,  OPA has  historically funded  the  workload                                                                  
      and    caseload    increases    through    supplemental                                                                   
      appropriations.      Funding   of   $25.0   in   General                                                                  
      Fund/Program Receipts  is  from the  Dept. of  Law  from                                                                  
      collections under  Criminal Rule 39  and Appellate  Rule                                                                  
      209.                                                                                                                      
                                                    $600.0 GF                                                                   
                                                                                                                                
 JOSH FINK, PUBLIC ADVOCATE,  OFFICE OF PUBLIC ADVOCACY,  (via                                                                  
 teleconference),  pointed  out  that  the  Office  of  Public                                                                  
 Advocacy is experiencing similar caseload increases.   Felony                                                                  
 filings in Anchorage are up by 76 percent for the first  half                                                                  
 of the year, and  up 32 percent statewide.   Mr. Fink  opined                                                                  
 that the requested supplemental  would amount to a  hold-the-                                                                  
 line budget.                                                                                                                   
                                                                                                                                
 Co-Chair Meyer  asked where  the caseloads  are coming  from.                                                                  
 Mr. Fink explained how the court assigns cases.                                                                                
                                                                                                                                
 Representative Hawker,  addressing the question  to both  Mr.                                                                  
 Fink and Ms. Brink, asked  for a reason behind the increase.                                                                   
 Ms.  Brink said  that  she  believes  more  cases  are  being                                                                  
 prosecuted, and that  crime is not going  up.  She explained                                                                   
 that  there  are  newly   funded  positions,  more   district                                                                  
 attorneys and prosecutors, and more troopers making  arrests,                                                                  
 which leads to more cases.  Representative Hawker asked  what                                                                  
 types of cases are being prosecuted more.  Ms. Brink replied                                                                   
 that she was not able to answer that question.                                                                                 
                                                                                                                                
 HB 134 was heard and HELD in Committee for further                                                                             
 consideration.