HOUSE BILL NO. 133 An Act relating to requiring electronic monitoring as a special condition of probation for offenders whose offense was related to a criminal street gang. REPRESENTATIVE BOB BUCH, SPONSOR, referenced the memo he submitted to the Committee dated 4/12/07, addressing previous concerns voiced by Representative Hawker. The issues were addressed during testimony taken in the House Judiciary Committee. He added that there is nothing unconstitutional about the bill before the Committee, which is fiscally responsible. Representative Hawker noted that he had spoken with the Department of Law & the law enforcement community regarding these concerns and thought that the intended application would be narrowly utilized in the current form. 1:48:19 PM Co-Chair Chenault mentioned the fiscal note from the Department of Corrections and asked what the intensive supervision of the current monitoring system would be. Representative Buch explained that in the original drafting, the use of "continuous" caused confusion as well as a fiscal note. The interpretation by the Department of Corrections differed from the State Police Department. He recommended a better way to monitor. DWAYNE PEEPLES, DEPUTY COMMISSIONER, DEPARTMENT OF CORRECTIONS, addressed the continuous monitoring, in which there would be a 1 to 15 ratio for probation officers. He discussed other adjustments reducing the pool of potential bodies by removing the reference to misdemeanors being charged to the felony category. The fiscal narrative has remained the same, documenting the pool. Mr. Peeples noted, currently, the Department is using a 1 to 40 probation officer ratio for problematic probations, reducing the numbers. Due to previous bill changes, the Department does not know when candidates will appear under the Department of Correction's supervision. 1:52:13 PM Co-Chair Chenault assumed that the Department of Corrections would handle juveniles within the program. He understood that the current ratio, however, was concerned if prisoners moving outside areas they do not currently live in and how they would be monitored. Mr. Peeples explained that by removing the word "continuous", their movements would be reviewed on a daily basis, making sure they are complying with the conditions of probation. Representative Hawker asked if the fiscal note was based on the 96 offender's currently on probation, asking if it was the same criteria for the mandatory element. Mr. Peeples did not know; it is now the current pool & no one in that pool has passed the aggravating probation factor hurtle. Representative Hawker inquired if the factor was determined by the judge at the time of conviction. Mr. Peeples said yes and that only two have reached that as reported. It is a moving target & the prosecutors will need to bring it forward, there is an incentive. Representative Hawker understood that the bill would have future advantage. He pointed out that the fiscal note is an unreasonable assumption and is not supported by the body of testimony. Mr. Peeples pointed out that the current version provides a sunset date. 1:58:27 PM Representative Buch said it is important to place a sunset in order to determine if the project is functional. The sunset is five years. Co-Chair Meyer indicated concern with the size of the note and asked if three years could work. Representative Buch said the Department of Corrections indicated three years would not be long enough to gather and implement required data. Representative Thomas asked where the convicts currently are. Representative Buch replied they are not addressed through the legal issues of the legislation. HB 133 is the initial step, providing tools to the police force so that they can enact some-kind of a stop-gap to prevent recidivism. Mr. Peeples thought that most are concentrated in the Anchorage area; no one yet has gone through the program. 2:02:33 PM Representative Hawker MOVED to REPORT CS HB 133 (FIN) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 133 (FIN) was reported out of Committee with a "no recommendation" and with zero note #1 by the Department of Law and indeterminate notes #2, #3 and #4 by the Department of Administration, Department of Corrections and Alaska Court System. AT EASE: 2:04:04 PM RECONVENE: 2:05:26 PM