HOUSE BILL NO. 313 "An Act relating to suspended imposition of criminal sentences and to the period in which suspension of the imposition of sentence for conviction of the crime of disorderly conduct may be authorized." GEORGE DOZIER, STAFF, REPRESENTATIVE PETE KOTT summarized CSHB 313 (JUD). He noted that the legislation amends AS 12.55.085(a). This section grants authority to the court to bestow a suspended imposition of sentence in criminal cases. He noted that aN individual found guilty of violating a criminal conviction could be put on probation under a suspended imposition of sentence. If the individual complies with all the terms and conditions of their probation, sentence is not imposed and the underlying judgement is vacated. He explained that the suspended imposition of sentence (SIS) is generally employed for offenses that are not of a serious or grave nature. He observed that SIS's commonly involve youthful offenders. The SIS is limited to the length of time that the person could receive as jail time for the crime, under current law. He noted that some class B misdemeanors are limited to 10 - 90 days of jail time. He maintained that the 10 - 90 days is not sufficient for the offender to be observed during suspended imposition of sentence. The legislation would allow the SIS to be equal to the amount of time a person could be sentenced to jail or up to one year, whichever is the greater amount. He noted that only class B misdemeanors would be effected. Representative Navarre asked if there would be a fiscal impact if the probation is increased. Mr. Dozier explained that the probation does not include active monitoring of the offender. At the end of the probation period the offender's file is consulted and if no petitions for revocations have been filed the judgement is vacated. In response to a question by Co-Chair MacLean, Mr. Dozier explained that if an offender commits a violation while on SIS the court has the ability to revoke probation and impose the original sentence. Ms. Knuth observed that the Department of Law, Department of Corrections and Alaska Court System all support the legislation. She maintained that CSHB 313 (JUD) allows courts to use SIS in more cases. She noted that the court 4 is not entering SIS's in cases currently due to the short period of probation. She anticipated that more SIS's will be issued if the legislation is passed. She emphasized that the records of offenders will be vacated if they have complied with the conditions of their probation. She expounded that the court has requested that SIS's be expanded to a one year period. In response to a question by Representative Martin, Ms. Knuth clarified that Alaska statute addresses which cases can be granted a SIS. She noted that SIS's cannot be issued for sexual offenses. Co-Chair MacLean MOVED to report CSHB 313 (JUD) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CSHB 313 (JUD) was reported out of Committee with a "do pass" recommendation and with six zero fiscal notes published 2/9/94, two by the Department of Administration, one by the Department of Law, one by the Department of Public Safety, one by the Department of Corrections, and one by the Alaska Court System.