04/08/2004 08:00 AM Senate FIN

                                                                                                                                
     CS FOR SENATE BILL NO. 336(JUD)                                                                                            
     "An Act imposing  a correctional facility surcharge  on persons                                                            
     convicted  of a  crime under  state  law and  on persons  whose                                                            
     probation is revoked; relating to fees and expenses for                                                                    
     interstate transfer of probation or parole; and providing for                                                              
     an effective date."                                                                                                        
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken stated  this bill,  sponsored by  the Senate  Rules                                                            
Committee at the request  of the Governor, "imposes a surcharge on a                                                            
person arrested and sentenced  to a term of imprisonment. The amount                                                            
of the surcharge depends on the seriousness of the crime."                                                                      
                                                                                                                                
PORTIA  PARKER,  Deputy  Commissioner,  Department  of Corrections,                                                             
testified this  bill would impose $100 surcharge to  those convicted                                                            
of  a  felony  and   a  $50  surcharge  to  those  convicted   of  a                                                            
misdemeanor. In addition,  she stated a surcharge of $100 is imposed                                                            
to those serving  probation, which is suspended unless  the offender                                                            
violates the terms of their  probation, the probation is revoked and                                                            
the offender is returned to custody.                                                                                            
                                                                                                                                
Ms. Parker continued that  this legislation would also impose a $100                                                            
application   fee  for   probationers  and   parolees  transferring                                                             
residency to another  state under the interstate compact.  She noted                                                            
most other  states  currently impose  this fee.  She furthered  that                                                            
this  provision  would  require  that  bond  be  posted  before  the                                                            
probationer  or parolee could  transfer to  another state.  She gave                                                            
the  reason  for this  fee  as  the high  expense  to  retrieve  and                                                            
transport  back  to Alaska,  an  offender  who has  violated  parole                                                            
conditions.  She qualified this fee  is far below the actual  costs,                                                            
but  would  serve  to offset  the  expenses.  She  added  that  most                                                            
jurisdictions,  whether counties,  municipalities or states,  impose                                                            
these fees,  commonly referred  to as "booking  charges" in  amounts                                                            
from $50 to as high as $50 per day.                                                                                             
                                                                                                                                
MARK ANTRIM, Commissioner,  Department of Corrections, expressed the                                                            
proposed  fee  amounts are  average  or below  average  the  amounts                                                            
charged  in other  jurisdictions.  He  added  that the  bonding  fee                                                            
amount of $1250  is derived from U.S. Marshals Service  calculations                                                            
based on the average cost of retrievals across the country.                                                                     
                                                                                                                                
Co-Chair Wilken asked why  the fiscal note reflects a rapid increase                                                            
in costs, then levels off.                                                                                                      
                                                                                                                                
Ms. Parker replied  this is a common with the implementation  of all                                                            
new court  fees  or collections.  She stated  this  fiscal note  was                                                            
drafted  based  on other  situations  whereby  new court  fees  were                                                            
imposed.   She  calculated   the   increase  would   level  off   at                                                            
approximately  60 to 65 percent collection rate, which  is estimated                                                            
to be approximately $1.3 million.                                                                                               
                                                                                                                                
Senator Dyson  appreciated the intent  of the legislation.  He asked                                                            
if  assets of  a  parolee could  be  seized  to fulfill  a  standing                                                            
restitution  order,  if that  parolee were  returned  to Alaska  for                                                            
violation of parole conditions.                                                                                                 
                                                                                                                                
Commissioner  Antrim  replied  that as  a  matter of  practice,  the                                                            
Department  does not permit  parolees or  probationers to leave  the                                                            
State if a  restitution order is outstanding.  He qualified  that if                                                            
an offender flees the jurisdiction, the situation is different.                                                                 
                                                                                                                                
Senator Dyson clarified  that parolees are not permitted to transfer                                                            
out of Alaska if a restitution order is outstanding.                                                                            
                                                                                                                                
Commissioner Antrim affirmed.                                                                                                   
                                                                                                                                
Senator  Bunde pointed  out that  suspects are  often encouraged  to                                                            
plead guilty,  as the costs  to the State  are lower if no  trial is                                                            
involved. He wondered  whether the proposed surcharge  would provide                                                            
a disincentive to offenders to plead guilty.                                                                                    
                                                                                                                                
Co-Chair Green  offered a motion to  report the bill from  Committee                                                            
with individual recommendations and accompanying fiscal note.                                                                   
                                                                                                                                
Senator Bunde objected for discussion.                                                                                          
                                                                                                                                
Senator Bunde proposed  waiving this fee for those who plead guilty.                                                            
                                                                                                                                
Commissioner Antrim  informed that the expenses incurred  in booking                                                            
a suspect are  significant, which  this fee would partially  offset.                                                            
                                                                                                                                
Ms. Parker furthered  that 90 percent of criminal  cases are settled                                                            
either  with  a  plea agreement  or  a  bargaining  of  the  charges                                                            
imposed.  Therefore,   she  stated  that  an  exemption   for  these                                                            
offenders  would eliminate  the majority of  revenue generated  from                                                            
the fee program.                                                                                                                
                                                                                                                                
Senator  Bunde removed  his  objection to  reporting  the bill  from                                                            
Committee.                                                                                                                      
                                                                                                                                
Without objection, CS SB  336 (JUD) MOVED from Committee with fiscal                                                            
note #2 of $46,500 from the Department of Law.