Legislature(2007 - 2008)BUTROVICH 205
03/15/2007 03:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB64 | |
| SB89 | |
| SB7 | |
| SB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 7 | TELECONFERENCED | |
| += | SB 36 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 64 | ||
| = | SB 89 | ||
SB 89-ELECTRONIC MONITORING OF GANG PROBATIONER
3:35:55 PM
CHAIR FRENCH announced the consideration of SB 89 and solicited
a motion to adopt Version \E committee substitute (CS) as the
working document
SENATOR HUGGINS motioned to adopt Version \E CS for SB 89
labeled, 25-LS0644\E. There was no objection.
3:36:21 PM
SENATOR WIELECHOWSKI explained that the previous version
addressed gang members on probation, but did not include
parolees. The Criminal Division of the Department of Law asked
that parolees be included and so a new section was added to
accommodate that request. The Department of Corrections (DOC)
suggested removing the word "continuous" to give it leeway in
cost effectively administering the program and that was done.
That resulted in a revised indeterminate DOC fiscal note. The
current analysis indicates the estimated general fund cost at
$195 thousand, which is down from about $1 million.
This last weekend he received a demonstration from constituents
who do this type of work. Essentially, a Blackberry is
programmed so that whenever someone moves in or out of a
particular zone the PDA [personal digital assistant] beeps. When
that happens someone contacts the person who is wearing the
ankle bracelet to find out what is happening. That is more
passive than having someone sitting in a room watching a number
of different screens. Removing the requirement for the
monitoring to be continuous will have a fairly significant
impact, he stated.
3:38:20 PM
CHAIR FRENCH, directing a question to Mr. Peeples, asked if $40
per day per ankle monitor is the cost estimate that was applied.
DWAYNE PEEPLES, Deputy Commissioner, Department of Corrections
(DOC), referenced the analysis on page 2 of the indeterminate
fiscal note, which breaks out a series of scenarios. The right
column shows a passive model ratio of 1 probation officer to 40
offenders. DOC allocates $40 per day under the system of
releasing inmates from institutions under furlough. That
includes release to a halfway house, a community residential
center or on electronic monitoring. That is fairly comparable to
this, he stated and it does not use GPS. The numbers reflect
first year estimates that include startup costs of purchasing
computers and vests for new probation officers.
CHAIR FRENCH noted that the daily cost per offender is $17 and
the estimate for collections is 30 percent. He asked if the idea
is to charge probationers for the ankle bracelets.
MR. PEEPLES said that's the idea. For this program DOC would try
to recover about $75,000 per year toward operating costs.
3:41:55 PM
CHAIR FRENCH highlighted the previous policy discussion about
the difference between a special condition and a general
condition. Making it a special condition would require a higher
burden of proof and his understanding is that it would be
necessary to prove that the person is a member of a criminal
street gang for the condition to apply. Making it a general
condition would be a lower burden of proof; it would apply to
anyone who is convicted of a felony provided that there is some
nexus between the crime that was committed and criminal street
gangs.
3:43:07 PM
ANNE CARPENETI, Assistant District Attorney, Criminal Division,
Department of Law, said right now it's pegged to the finding of
the aggravating factor, which is AS 12.55.155(c)(29). As drafted
this may be a Blakley factor meaning that prosecutors would need
to prove to the jury beyond a reasonable doubt the connection to
an aggravating factor. Mr. Svobodny previously suggested that
another approach would be to make it a general condition of
probation. That way it wouldn't require going through the
procedure that under Blakley is required for every aggravating
factor unless it's connected to a prior conviction.
CHAIR FRENCH summarized that for this condition to apply, both
the grand jury and the trial jury would have to find that the
crime was committed by a criminal street gang member.
MS. CARPENETI said that's the effect.
3:44:30 PM
SENATOR WIELECHOWSKI recalled that Mr. Svobodny suggested making
it a special condition for anyone who is on parole or probation.
For fiscal reasons he limited it to those who met the
aggravating factor under AS 12.55.155(c)(29).
CHAIR FRENCH observed that the fiscal conversation may be better
suited for the finance committee. This committee is to confront
legal questions such as whether the application should be narrow
and apply to all or broad and apply to few. He would defer to
the bill sponsor.
SENATOR WIELECHOWSKI said his goal is to deal with the
increasing gang problems in Anchorage. The idea is to keep track
of gang members who are on parole so that if they do congregate
or go to prohibited areas the movement will be recorded using
global positioning system (GPS). The policy call to make it a
special condition was to keep the cost down, but it could be
expanded to any number of people on parole or probation.
3:46:09 PM
CHAIR FRENCH said he just wanted the committee to make a heads-
up eyes-wide-open policy call while the bill is in the
committee.
SENATOR HUGGINS stated a preference to keep the bill narrow, but
he is concerned about the state's liability.
CHAIR FRENCH acknowledged it is a valid question, adding that
that is a tough legal doctrine.
SENATOR WIELECHOWSKI agreed that it would be difficult for
anyone to go against the state.
SENATOR HUGGINS said the benefit is that this will show what it
costs. If it proves to be successful the program can be
expanded.
3:47:51 PM
CHAIR FRENCH found no further questions or comments and asked
the will of the committee.
SENATOR HUGGINS motioned to report CSSB 89(JUD) from committee
with individual recommendations and attached fiscal note(s).
There being no objection, it was so ordered.
At ease 3:48:33 PM
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