04/16/1994 01:00 PM House JUD

  SB 24 - EXTEND MAXIMUM PERIOD OF PROBATION                                   
                                                                               
  Number 041                                                                   
                                                                               
  MICHAEL FINKELSTEIN, Legislative Aide to Senator Dave                        
  Donley, Prime Sponsor of SB 24, reported having received                     
  several letters of support and no letters in opposition of                   
  SB 24.  He explained that the bill simply extends probation                  
  from five to ten years.  The Sentencing Commission                           
  recommends this extension, which is part of Governor                         
  Hickel's anti-crime package.                                                 
                                                                               
  Number 055                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Finkelstein to explain, for the                    
  record, what the benefit of the extension of time would be.                  
                                                                               
  MR. FINKELSTEIN replied that the judges would be given more                  
  discretion and other sentencing options.  They are limited                   
  to five years probation right now, and it would be a good                    
  option for judges to be able to increase that time, as                       
  opposed to longer prison sentences.                                          
                                                                               
  Number 069                                                                   
                                                                               
  REP. GAIL PHILLIPS questioned the zero fiscal note, since                    
  there must be costs involved, assuming the cost of                           
  controlling probation for ten years would be double that of                  
  five years.  She asked for a response from the Departments                   
  of Corrections and Public Safety.                                            
                                                                               
  Number 078                                                                   
                                                                               
  MR. FINKELSTEIN stated that there would be no increase in                    
  cost for the first five years during the implementation                      
  process, and after that, the fiscal impact would be hard to                  
  determine.  The cost could actually be less, since it may                    
  result in less people in jail.  The cost of probation may                    
  increase, but it might be offset by the lower cost of having                 
  fewer people in prison.                                                      
                                                                               
  Number 110                                                                   
                                                                               
  CHAIRMAN PORTER explained that this would only affect                        
  sentencing occurring after the law is enacted; and the daily                 
  costs of probation are minuscule compared to the daily cost                  
  of the alternative - incarceration.                                          
                                                                               
  Number 131                                                                   
                                                                               
  C.E. SWACKHAMMER, Deputy Commissioner, Department of Public                  
  Safety, answered Rep. Phillips' questions regarding costs to                 
  the Department of Public Safety.  He believed the costs                      
  would fall upon the Department of Corrections.  He explained                 
  that it makes more sense to maintain some amount of control                  
  after a person is released from prison, as opposed to                        
  starting the whole process over again.                                       
                                                                               
  Number 158                                                                   
                                                                               
  CHAIRMAN PORTER concluded the discussion on SB 24.