Legislature(2001 - 2002)
03/15/2002 09:10 AM Senate FIN
Audio | Topic |
---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 339 "An Act increasing fines for certain criminal offenses." This was the first hearing for this bill in the Senate Finance Committee. Co-Chair Donley explained this bill's intent is to increase criminal fines. He informed the Committee that individual fines have not been modified since 1978 and corporation fines have not been increased since 1990. DIANE WENDLANDT, Manager, Division of Collections, Department of Law, testified via teleconference from Anchorage to answer questions concerning this bill. Senator Hoffman inquired as to the Administration's position on this bill. Ms. Wendlandt commented she is an attorney involved in the collection of criminal fines and does not know the Administration's position. Co-Chair Donley stated, "these fines are challenging to collect;" however, it is important that "the fine is high enough to be both a deterrent and a penalty." He expressed "it is appropriate to have a higher level of criminal fines," as a deterrent and to address "the cost to the criminal justice system." He referenced the breakout [copy on file] of fines for various crimes in other states. Senator Ward offered a motion to move SB 339 from Committee with accompanying fiscal notes. Senator Green opined that these fines are "incredibly high" and asked "if there is any point" to which fines are raised where they become "meaningless." Co-Chair Donley gave examples of where higher levels of fines might be appropriate deterrents. Senator Green asked if there is an option for lower fines. Ms. Wendlandt stated she is not aware of a minimum for fines, as her Division is not supplied detailed information on what offense correlate to each fine from the Court System. She mentioned that Judges "enter a very large range" of fines. Co-Chair Donley voiced there are standards; however, the Court System has the discretion to demonstrate "flexibility depending on financial status of a person" and the crime that is committed. He mentioned that the Committee could opt for lower fine levels or a "reduced step up." Senator Austerman stated the fines in this bill are "permissive" as presented. Senator Hoffman contended there are "years of inflation" to factor in and that, when comparing the proposed level of fines to fines in other states, the fines seem appropriate. Co-Chair Donley stated the actual rate of inflation since the last individual fine modification is 216 percent. Senator Hoffman noted the proposed fines in the bill are approximately four times higher than the current levels. Co-Chair Donley voiced that the fines proposed in the bill are "similar to the higher end of the rates" used by other states. He reiterated that the Committee could lower the fines. Senator Ward again voiced his motion to adopt the bill with individual recommendations and accompanying fiscal notes. He concurred with Senator Austerman's comments that the proposed fines are permissive and would give judges "a tool" to use in determining the appropriate level of fines. There being no objection, SB 339 was REPORTED out of Committee with a new zero fiscal note dated 3/15/02 from the Department of Law and a new indeterminate fiscal note, dated 3/15/02 from the Department of Administration.
Document Name | Date/Time | Subjects |
---|