CHAIRMAN LEMAN brings up HB 313 (IMPOSITION/REVOCATION,SUSPENDED SENTENCES) as the next order of business before the committee. The chairman calls the prime sponsor to testify. Number 103 REPRESENTATIVE PETE KOTT, prime sponsor of HB 313 states HB 313 primarily deals with class B misdemeanors. Under current law, a judge cannot put a person on probation any longer than the maximum period of time that person could be sentenced to prison. For instance, the maximum sentence for disorderly conduct is ten days, so a judge could not sentence a person convicted of disorderly conduct to probation for more than ten days. The intent of HB 313 is to give judges a little discretion in sentencing. It will allow judges to put a defendant on probation for up to a year. It is hoped that this option in sentencing will free up some prison space. Assigning a person to probation, and as a part of that probation requiring them to attend an alcohol rehabilitation program, would not fall under the parameters of the current probation status if the alcohol rehabilitation program is for a longer period of time than the amount of time they are on probation. Number 128 CHAIRMAN LEMAN asks if there has been any previous objection to HB 313. REPRESENTATIVE KOTT states HB 313 passed the House of Representatives by a vote of 36 to 0. CHAIRMAN LEMAN asks if there is anyone in the public who wishes to testify on HB 313. The chairman asks Ms. Knuth if she would like to join the committee at the table. Number 132 SENATOR TAYLOR states that, as a former district court judge, had the provisions contained in HB 313 been available to him, he would have utilized them. There are many times when the amount of maximum sentence allowable forces a judge to actually incarcerate more frequently when there isn't opportunity to do the type of probationary activities that will often times turn a person around. Senator Taylor thinks HB 313 is an excellent idea. Number 142 MARGOT KNUTH, Assistant Attorney General, Criminal Division, Department of Law states the Department of Law very much supports HB 313. It is something the department knows judges would like to have as an option during sentencing. Many judges have trouble deciding whether a person should have suspended imposition of sentence in 90 days or 10 days. So the judges enter a conviction of record that cannot be removed from the defendants record, because that enables the judge to give a defendant a years probation. MS. KNUTH states the Public Defender's Office, the Office of Public Advocacy, the Court System, and the Department of Law all support HB 313. CHAIRMAN LEMAN asks if anyone else wishes to testify on HB 313. Number 170 SENATOR TAYLOR makes a motion to discharge HB 313 from the Senate State Affairs Committee with individual recommendations. Number 172 CHAIRMAN LEMAN, hearing no objection, orders HB 313 released from committee with individual recommendations.