04/15/2009 05:30 PM Senate JUDICIARY

             HB 170-REPEAL AUTHORITY FOR DAY FINES                                                                          
                                                                                                                                
6:37:59 PM                                                                                                                    
CHAIR FRENCH announced the consideration of HB 170.                                                                             
                                                                                                                                
TOM WRIGHT,  staff to Representative  Mike Chenault, said  HB 170                                                               
repeals the authority for courts  to impose day fines for certain                                                               
misdemeanor offenses.  The original legislation, House  Bill 119,                                                               
was  passed in  1994 and  required  the Alaska  Supreme Court  to                                                               
create a  committee to  establish a  fine schedule  and implement                                                               
the day  fine process.  The committee  found several  problems in                                                               
adopting the day  fine plan and recommended  that the Legislature                                                               
solve the problem. Legislation was  introduced in 1995 but it did                                                               
not pass  so the court  system could  not implement the  day fine                                                               
schedule. He explained that day  fines were established to fine a                                                               
person based on their gross daily income.                                                                                       
                                                                                                                                
6:39:13 PM                                                                                                                    
CHAIR FRENCH commented  that when he came across the  idea of day                                                               
fines as a prosecutor he scratched his head.                                                                                    
                                                                                                                                
MR. WRIGHT  said he understands  that a Scandinavian  country has                                                               
adopted a day fine  plan and they seem to like  it. HB 170 simply                                                               
asks to repeal the law because it is not being utilized.                                                                        
                                                                                                                                
CHAIR FRENCH  commented that  criminal defendants  in Scandinavia                                                               
must  have  more  money  than  they  do  here  because  it's  his                                                               
impression that fines  are the least enforced  and least utilized                                                               
aspect of the  criminal justice system. Typically, by  the time a                                                               
person has  been convicted of crimes  once or twice they  are out                                                               
of money.  If there is any  left it usually goes  to restitution,                                                               
not a fine.                                                                                                                     
                                                                                                                                
6:40:38 PM                                                                                                                    
SENATOR   WIELECHOWSKI  asked   the   intent   of  the   original                                                               
legislation.                                                                                                                    
                                                                                                                                
MR. WRIGHT explained that it  was to reduce the prison population                                                               
by implementing a substantive fine system.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI asked what specific crimes were the focus.                                                                 
                                                                                                                                
MR.  WRIGHT said  that was  one of  the problems.  The court  had                                                               
concerns  over which  misdemeanors were  included and  which were                                                               
excluded. Thus  the request for the  1995 clarifying legislation,                                                               
he said.                                                                                                                        
                                                                                                                                
CHAIR  FRENCH  mentioned  the 4/26/1995  letter  from  the  court                                                               
system and said the frustration  of the committee is apparent. He                                                               
summarized that  they wanted to  make it work but  they couldn't,                                                               
so they tossed it back to the Legislature and it hasn't moved.                                                                  
                                                                                                                                
6:41:44 PM                                                                                                                    
DOUG  WOOLIVER,  Administrative  Attorney, Alaska  Court  System,                                                               
said  he is  available for  questions.  He added  that the  court                                                               
usually takes a neutral position  on bills, but this is something                                                               
that has  never been implemented. "Statutes  are confusing enough                                                               
without  having provisions  that  are paragraphs  long and  don't                                                               
mean anything," he said.                                                                                                        
                                                                                                                                
CHAIR  FRENCH  asked  Mr.  Wright  if  anyone  has  testified  in                                                               
opposition to the bill.                                                                                                         
                                                                                                                                
MR. WRIGHT said no, but there was  one no vote on House Floor. In                                                               
response  to a  question, he  said Representative  Crawford voted                                                               
no.                                                                                                                             
                                                                                                                                
6:42:55 PM                                                                                                                    
CHAIR FRENCH  closed public testimony  and asked the will  of the                                                               
committee.                                                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI moved  to report HB 170  from committee with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being  no  objection,  HB  170   was  reported  from  the  Senate                                                               
Judiciary Standing Committee.