SB 54-CRIME AND SENTENCING  1:35:58 PM CHAIR COGHILL announced the consideration of SB 54 and asked Mr. Shilling to review the fiscal note. He stated displeasure that it took so long in coming and that there is no one from the department available to speak to it. His understanding is that there is tension among the departments, and that this is a very conservative fiscal note. He stated his intention to bring the matter up in the next committee of referral, so it will be scrutinized. 1:40:35 PM JORDAN SHILLING, Staff, Senator John Coghill, Alaska State Legislature, reviewed the Department of Corrections fiscal note for SB 54. He reported that the requested appropriation for FY2018 and beyond is $4.33 million. Based on assumptions that were used last year for Senate Bill 91, the department is projecting an increase to the inmate population of about 286 inmates per day, based on a daily marginal rate of $41.49 per inmate. 1:42:10 PM SENATOR KELLY joined the committee. SENATOR MEYER said he would have anticipated an indeterminate fiscal note because the projected cost ranges from zero to $4.33 million. CHAIR COGHILL explained that the range is based on the bill providing zero to 2-year terms of incarceration for three different felony and misdemeanor charges. 1:45:00 PM SENATOR MEYER expressed frustration that the department wasn't available to provide an explanation. He added that if the fiscal note were indeterminate, that would indicate the cost could be somewhere between zero and $4.33 million. As currently written the upper limit stands out. CHAIR COGHILL said he shares the frustration but he doesn't want to hold the bill any longer. SENATOR MEYER recapped the chair's statement to rely on the Finance Committee to scrutinize the numbers. CHAIR COGHILL said that's correct and he intends to pass along the concerns expressed in this committee. He asked Mr. Shilling to continue. 1:46:21 PM  MR. SHILLING detailed the anticipated FY2018 fiscal impacts by individual policy. He said the class C felony policy provides a presumptive range of active incarceration of zero to one year. The fiscal note projects an increase to the inmate population of about 196 persons per day at a cost of up to $2.96 million, based on the daily marginal rate per person of $41.49. CHAIR COGHILL clarified that the marginal rate is the cost of incarceration minus the facility charges. MR. SHILLING advised that the policy for mandatory minimum probation term lengths for felony sex offenders is expected to result in an increase of 24,837 probation supervision days. This would increase the daily average probationer by 68, which would require additional resources. He highlighted that the fiscal note does not provide for any additional full-time employees to accommodate the increase in probation and caseloads resulting from this policy. The policy whereby a second conviction of a class A misdemeanor would result in a sentence of zero to 60 days is projected to increase the inmate population by about 73 persons per day. This could increase the cost by up to $1.1 million based on a daily marginal rate of $41.49. The policy regarding violation of conditions of release allows for a sentence of not more than five days. It is projected to increase institutional expenditures from zero (no persons) to $136,294 (nine persons) annually, based on a daily marginal rate of $41.49. The policy regarding theft in the fourth degree and similar offenses provides a sentence of up to 10 days of active imprisonment for a third and subsequent offense, and up to five days of active imprisonment for a second conviction. This change would impact the inmate population reductions predicted in passing Senate Bill 91 and it anticipates increasing the inmate population by about eight persons per day. This could increase the institutional expenditures by zero (no persons) up to $121,150 (eight persons) annually, based on a daily marginal rate of $41.49. The narrative next addresses the five-year lookback for the purpose of counting prior convictions for class A misdemeanor aggravators. It says the department is unable to quantify the impacts of the section. The narrative also refers to two aspects of SB 54 that are not anticipated to cost money. The first is the sex trafficking provision that removes the loophole and seeks to address the original problem that Senate Bill 91 attempted to address. The second is the provision that limits the use of pretrial risk assessments for defendants who are not detained in a DOC facility following arrest. 1:50:31 PM SENATOR COSTELLO referenced the lookback for counting prior convictions on page 3, paragraph 2, and asked if he discussed the potential for the department to return with an additional request from the legislature. MR. SHILLING opined that it would likely be a reduction if the department could quantify the impact of the provision. 1:51:33 PM CHAIR COGHILL found no further questions and solicited a motion. 1:52:04 PM SENATOR COSTELLO moved to report the CS for SB 54(JUD), labeled 30-LS0461\R, from committee with individual recommendations and attached fiscal note(s). CHAIR COGHILL announced that without objection, CSSB 54(JUD) is reported from the Senate Judiciary Standing Committee.