HB 133 - ELECTRONIC MONITORING OF GANG PROBATIONER 4:05:43 PM CHAIR RAMRAS announced that the final order of business would be 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." [Before the committee was the proposed committee substitute (CS) for HB 133, Version 25-LS0465\E, Luckhaupt, 2/20/07, which had been adopted as the work draft on 2/21/07; included in members packets was another proposed committee substitute (CS) for HB 133, Version 25-LS0465\L, Luckhaupt, 3/14/07.] 4:06:01 PM REPRESENTATIVE DAHLSTROM moved to adopt the proposed committee substitute (CS) for HB 133, Version 25-LS0465\L, Luckhaupt, 3/14/07, as the work draft. There being no objection, Version L was before the committee. 4:06:47 PM REPRESENTATIVE BOB BUCH, Alaska State Legislature, sponsor, relayed that Version L has deleted reference to AS 12.55.137 in order to narrow the focus of the bill so that it only applies to violent offenders who commit felony crimes; has deleted reference to "continuous monitoring" so that the type of electronic monitoring used will be that which immediately informs the probation officer if the probationer violates an inclusion or exclusion zone; and now contains a five-year sunset provision so that the legislature will have an opportunity to assess the effectiveness of the bill. He mentioned that all of these changes will result in decreased fiscal notes. REPRESENTATIVE BUCH said that although he'd tried to expand the bill so that it would apply to youth who commit heinous violent crimes but who aren't members or associate members of a criminal street gang, he'd been advised by the drafter that such an expansion would be unconstitutional and by the Department of Corrections (DOC) and the Department of Law (DOL) that such an expansion is unnecessary because, if caught and convicted, there is a good chance that such persons either wouldn't be eligible for probation before the bill sunsets or would be subject to electronic monitoring anyway. REPRESENTATIVE BUCH expressed his hope that the committee will support the bill and thus place this proposed additional burden on those criminals that have shown a disregard for the lives of others. REPRESENTATIVE DAHLSTROM expressed appreciation for the work done on the bill, and indicated that her concerns have been satisfied by Version L. CHAIR RAMRAS characterized Version L as a better bill, and expressed appreciation for the work done it. 4:14:12 PM REPRESENTATIVE DAHLSTROM moved to report the proposed CS for HB 133, Version 25-LS0465\L, Luckhaupt, 3/14/07, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 133(JUD) was reported from the House Judiciary Standing Committee.