CS FOR SENATE BILL NO. 336(JUD) "An Act imposing a correctional facility surcharge on persons convicted of a crime under state law and on persons whose probation is revoked; relating to fees and expenses for interstate transfer of probation or parole; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. Co-Chair Wilken stated this bill, sponsored by the Senate Rules Committee at the request of the Governor, "imposes a surcharge on a person arrested and sentenced to a term of imprisonment. The amount of the surcharge depends on the seriousness of the crime." PORTIA PARKER, Deputy Commissioner, Department of Corrections, testified this bill would impose $100 surcharge to those convicted of a felony and a $50 surcharge to those convicted of a misdemeanor. In addition, she stated a surcharge of $100 is imposed to those serving probation, which is suspended unless the offender violates the terms of their probation, the probation is revoked and the offender is returned to custody. Ms. Parker continued that this legislation would also impose a $100 application fee for probationers and parolees transferring residency to another state under the interstate compact. She noted most other states currently impose this fee. She furthered that this provision would require that bond be posted before the probationer or parolee could transfer to another state. She gave the reason for this fee as the high expense to retrieve and transport back to Alaska, an offender who has violated parole conditions. She qualified this fee is far below the actual costs, but would serve to offset the expenses. She added that most jurisdictions, whether counties, municipalities or states, impose these fees, commonly referred to as "booking charges" in amounts from $50 to as high as $50 per day. MARK ANTRIM, Commissioner, Department of Corrections, expressed the proposed fee amounts are average or below average the amounts charged in other jurisdictions. He added that the bonding fee amount of $1250 is derived from U.S. Marshals Service calculations based on the average cost of retrievals across the country. Co-Chair Wilken asked why the fiscal note reflects a rapid increase in costs, then levels off. Ms. Parker replied this is a common with the implementation of all new court fees or collections. She stated this fiscal note was drafted based on other situations whereby new court fees were imposed. She calculated the increase would level off at approximately 60 to 65 percent collection rate, which is estimated to be approximately $1.3 million. Senator Dyson appreciated the intent of the legislation. He asked if assets of a parolee could be seized to fulfill a standing restitution order, if that parolee were returned to Alaska for violation of parole conditions. Commissioner Antrim replied that as a matter of practice, the Department does not permit parolees or probationers to leave the State if a restitution order is outstanding. He qualified that if an offender flees the jurisdiction, the situation is different. Senator Dyson clarified that parolees are not permitted to transfer out of Alaska if a restitution order is outstanding. Commissioner Antrim affirmed. Senator Bunde pointed out that suspects are often encouraged to plead guilty, as the costs to the State are lower if no trial is involved. He wondered whether the proposed surcharge would provide a disincentive to offenders to plead guilty. Co-Chair Green offered a motion to report the bill from Committee with individual recommendations and accompanying fiscal note. Senator Bunde objected for discussion. Senator Bunde proposed waiving this fee for those who plead guilty. Commissioner Antrim informed that the expenses incurred in booking a suspect are significant, which this fee would partially offset. Ms. Parker furthered that 90 percent of criminal cases are settled either with a plea agreement or a bargaining of the charges imposed. Therefore, she stated that an exemption for these offenders would eliminate the majority of revenue generated from the fee program. Senator Bunde removed his objection to reporting the bill from Committee. Without objection, CS SB 336 (JUD) MOVED from Committee with fiscal note #2 of $46,500 from the Department of Law.