04/17/2007 09:00 AM Senate FINANCE

                                                                                                                                
     CS FOR SENATE BILL NO. 89(JUD)                                                                                             
     "An Act relating to requiring electronic monitoring as a                                                                   
     special condition of probation for offenders whose offense                                                                 
     was related to a criminal street gang."                                                                                    
                                                                                                                                
                                                                                                                                
This was  the third hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Stedman  noted the  bill had been  held in  Committee in                                                               
order to  further review  the fiscal  impact of  the bill  on the                                                               
Department of Corrections.                                                                                                      
                                                                                                                                
9:07:51 AM                                                                                                                    
                                                                                                                                
SENATOR  BILL  WIELECHOWSKI,  the bill's  sponsor,  informed  the                                                               
Committee that a new fiscal note,  dated April 16, 2007, has been                                                               
provided. The determination was that  the program would not incur                                                               
any expense  in FY  2008 (FY  08). The  anticipated costs  of the                                                               
program from FY 2009 through FY  2012 were depicted on the fiscal                                                               
note.                                                                                                                           
                                                                                                                                
9:08:56 AM                                                                                                                    
                                                                                                                                
DWAYNE PEEPLES,  Deputy Commissioner, Department  of Corrections,                                                               
addressed the  new fiscal note. While  the Department anticipates                                                               
a substantial number of people  might qualify for this electronic                                                               
monitoring  (EM)  program in  the  future,  the immediate  fiscal                                                               
impact would  be delayed as  a result  of the US  Supreme Court's                                                               
decision in Blakely  v. Washington. That decision  would slow the                                                             
process involved  in subjecting people to  the probation program.                                                               
Therefore, the  fiscal note was developed  with the understanding                                                               
that the earliest date anticipated  for admitting someone to this                                                               
EM program might be the last quarter  of FY 08; it is more likely                                                               
that no  one would be  monitored until early  FY 09. This  is the                                                               
reason no expenses are reflected for FY 08.                                                                                     
                                                                                                                                
Mr.  Peeples stated  that if  only a  few participate  in the  EM                                                               
program  in FY  08,  the  expense would  be  absorbed within  the                                                               
Department's  Intensive  Supervision and  Surveillance  Probation                                                               
Program (ISSPP).  The Finance Committee  would be alerted  if the                                                               
program experienced a large unexpected  influx of participants in                                                               
FY 08.                                                                                                                          
                                                                                                                                
Co-Chair Stedman asked regarding  the indeterminate fiscal impact                                                               
specified for FY 12 and FY 13.                                                                                                  
                                                                                                                                
Mr. Peeples  informed that  the program  being addressed  by this                                                               
fiscal note is one monitor  for each 40 probationers. Projections                                                               
are that  the program's caseload would  increase to approximately                                                               
40 over the next three years,  as reflected in the $168,400 FY 09                                                               
expense,  the $208,300  FY 10  expense,  and the  $258,900 FY  11                                                               
expense. Expenses  after FY 12  are indeterminate; they  would be                                                               
affected by  actions of the  Department of Law, the  Alaska Court                                                               
System, and police departments.                                                                                                 
                                                                                                                                
9:11:13 AM                                                                                                                    
                                                                                                                                
Senator  Dyson recalled  that some  categories  of prisoners  had                                                               
paid for the expenses associated with their monitoring devices.                                                                 
                                                                                                                                
9:11:38 AM                                                                                                                    
                                                                                                                                
Mr. Peeples  reminded the Committee  that in the 1980s  an effort                                                               
had  been undertaken  to charge  probationers the  cost of  their                                                               
probation services. He characterized that  effort as "a bust"; it                                                               
did  not  work,  and  the  associated  statutes  were  ultimately                                                               
rescinded.                                                                                                                      
                                                                                                                                
Mr.  Peeples   further  noted   that  electronic   monitoring  is                                                               
currently utilized  "for sentenced prisoners on  furlough". Those                                                               
individuals pay $17  per day. This revenue "provides  most of our                                                               
contract fees".                                                                                                                 
                                                                                                                                
9:12:21 AM                                                                                                                    
                                                                                                                                
Senator Dyson asked whether individuals  in this program would be                                                               
subjected to a fee.                                                                                                             
                                                                                                                                
Mr.  Peeples  responded  in  the  affirmative.  Language  in  the                                                               
committee substitute  would provide the Department  the authority                                                               
"to collect for probationers under this program".                                                                               
                                                                                                                                
Senator Dyson asked for further  information about the Blakely v.                                                             
Washington decision.                                                                                                          
                                                                                                                                
Mr. Peeples explained that a case  in the State of Washington had                                                               
been appealed  to the  United States  Supreme Court.  The Supreme                                                               
Court ruled  in the  so-called Blakely Decision  that a  two step                                                             
process  must  occur "when  you  are  imposing extra  standards".                                                               
First, there must be a  conviction and second, a separate hearing                                                               
must occur  "to prove the  circumstances for the higher  level of                                                               
surveillance under probation".                                                                                                  
                                                                                                                                
Co-Chair  Hoffman  moved  to report  the  Version  "L"  committee                                                               
substitute  from Committee  with  individual recommendations  and                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
There  being  no  objection,  CSSB   89(FIN)  was  REPORTED  from                                                               
Committee  with new  zero Department  of Corrections  fiscal note                                                               
dated  April 16,  2007; previous  zero  fiscal note  #1 from  the                                                               
Department  of Law'  previous indeterminate  fiscal note  #2 from                                                               
the Alaska  Court System; previous  indeterminate fiscal  note #3                                                               
from  the   Department  of   Administration,  Office   of  Public                                                               
Advocacy;  and previous  indeterminate  fiscal note  #4 from  the                                                               
Department of Administration, Public Defender Agency.                                                                           
                                                                                                                                
AT EASE 9:14:14 AM / 9:14:57 AM