01/31/1994 01:15 PM House JUD

  REP. PORTER said the next order of business was HB 313.                      
                                                                               
  Number 010                                                                   
                                                                               
  REP. PETE KOTT, Prime Sponsor of HB 313, presented the                       
  committee with a committee substitute and testified that the                 
  legislation's original intent extended to judges the                         
  opportunity to impose the suspended imposition of sentencing                 
  to 90 days, but as it currently stands, you can only suspend                 
  imposition of sentence up to the amount of time a person                     
  would actually be serving.  The Committee Substitute (CS)                    
  allows for probation to go up to one year.                                   
                                                                               
  Number 127                                                                   
                                                                               
  REP. PORTER said he intends to support the bill because it                   
  provides some options not currently available to the system,                 
  and the only correction he would make is changing 5th degree                 
  to 3rd degree on weapons misconduct.                                         
                                                                               
  Number 130                                                                   
                                                                               
  MARGO KNUTH, Criminal Division, Department of Law, explained                 
  to the committee that there is now a 5th degree weapons                      
  offense and it is a misdemeanor offence and it starts off                    
  with higher offenses than the state used to have.                            
                                                                               
  Number 160                                                                   
                                                                               
  REP. NORDLUND asked if HB 315 would allow for an SIS to go                   
  beyond what an original sentence was.                                        
                                                                               
  Number 173                                                                   
                                                                               
  REP. KOTT replied yes; under a Class B misdemeanor an                        
  individual would get 90 days in jail, so this allows a judge                 
  to extend that period of probation up to one year, and it is                 
  up to judicial discretion.                                                   
                                                                               
  Number 192                                                                   
                                                                               
  REP. PORTER said it has been pointed out that Anchorage and                  
  other urban communities that have problems with criminal                     
  behavior is really a result of an inebriate problem, and                     
  this would allow a court to sentence an SIS for a lengthy                    
  period of treatment as opposed to just disorderly conduct,                   
  which often is a drinking problem.                                           
                                                                               
  Number 199                                                                   
                                                                               
  REP. GREEN asked if the additional extension of probation                    
  (inaudible).                                                                 
                                                                               
  Number 192                                                                   
                                                                               
  REP. PORTER replied that the judge will issue a suspended                    
  imposition of sentence for a certain length of time, and                     
  HB 313 allows that time to go up in the judge's opinion if                   
  there is a reason for it.                                                    
                                                                               
  Number 252                                                                   
                                                                               
  MS. KNUTH said because it will be applied to new offenses                    
  that are committed as long as it is a reasonable time                        
  period, and the legislature can set whatever time period it                  
  wants, and what is happening is the original sentencing is                   
  still there, but it stays at risk for a longer time period.                  
                                                                               
  MS. KNUTH continued, saying judges have asked for this                       
  amendment because right now they are not granting SIS's for                  
  these minor offenses because they don't feel they can trust                  
  a person to know if it's taken in 10 or 90 days, so they                     
  will impose the sentence which gives them a much longer time                 
  period and in effect they feel that they have been harsher                   
  than they should be.  She said judges would like to be able                  
  to grant an SIS, which is a liberal and useful thing to do,                  
  but only if there is enough security build into it.                          
                                                                               
  Number 324                                                                   
                                                                               
  REP. PHILLIPS MOVED CSHB 313(JUD).  Hearing no objection, it                 
  was so moved.                                                                
                                                                               
  CSHB 313(JUD) WAS MOVED OUT OF COMMITTEE WITH INDIVIDUAL                     
  RECOMMENDATIONS.