Enrolled SB 216: Relating to bail and unlawful evasion; and providing for an effective date.
00Enrolled SB 216 01 Relating to bail and unlawful evasion; and providing for an effective date. 02 _______________ 03 * Section 1. AS 11.56.310(a) is amended to read: 04 (a) One commits the crime of escape in the second degree if, without lawful 05 authority, one 06 (1) removes oneself from 07 (A) a correctional facility while under official detention; 08 (B) official detention for a felony or for extradition; or 09 (C) official detention and, during the escape or at any time 10 before being restored to official detention, one possesses on or about oneself a 11 firearm; 12 (2) violates AS 11.56.335 or 11.56.340 [AS 11.56.340] and, during the 13 time of the unlawful evasion or at any time before being restored to official detention, 14 one possesses on or about oneself a firearm; or 15 (3) removes, tampers with, or disables the electronic monitoring
01 equipment, or leaves one's residence or other place designated by the commissioner of 02 corrections for the service by electronic monitoring of official detention for a felony. 03 * Sec. 2. AS 11.56.320(a) is amended to read: 04 (a) One commits the crime of escape in the third degree if one 05 (1) removes oneself from official detention during any lawful 06 movement or activity incident to confinement within a correctional facility for a 07 misdemeanor; or 08 (2) violates AS 11.56.335 or 11.56.340 [AS 11.56.340] and leaves or 09 attempts to leave the state. 10 * Sec. 3. AS 11.56 is amended by adding a new section to read: 11 Sec. 11.56.335. Unlawful evasion in the first degree. (a) A person commits 12 the crime of unlawful evasion in the first degree if, while charged with or convicted of 13 a felony, 14 (1) the person fails to return to official detention within the time 15 authorized following temporary leave granted for a specific purpose or limited period, 16 including leave granted under AS 33.30.181; or 17 (2) while on furlough under AS 33.30.101 - 33.30.131, the person fails 18 to return to the place of confinement or residence within the time authorized by those 19 having direct supervision. 20 (b) Unlawful evasion in the first degree is a class C felony. 21 * Sec. 4. AS 11.56.340 is amended to read: 22 Sec. 11.56.340. Unlawful evasion in the second degree. (a) A person 23 commits the crime of unlawful evasion in the second degree if, while charged with or 24 convicted of a [FELONY OR A] misdemeanor, 25 (1) the person fails to return to official detention within the time 26 authorized following temporary leave granted for a specific purpose or limited period, 27 including leave granted under AS 33.30.181; or 28 (2) while on furlough under AS 33.30.101 - 33.30.131, the person fails 29 to return to the place of confinement or residence within the time authorized by those 30 having direct supervision. 31 (b) Unlawful evasion in the second degree is a class A misdemeanor.
01 * Sec. 5. AS 12.30.010 is amended to read: 02 Sec. 12.30.010. Bail before or after conviction. The defendant in a criminal 03 proceeding is entitled to be admitted to bail before conviction as a matter of right if the 04 alleged victim can be reasonably protected through the imposition of bail and 05 conditions of release. The defendant in a criminal case may be admitted to bail 06 after conviction only as permitted under AS 12.30.040. However, nothing in this 07 chapter allows a court to order a defendant who has not satisfied bail to be 08 released temporarily or periodically, either before trial or after conviction, unless 09 (1) the defendant is charged with a misdemeanor or class B or C 10 felony; 11 (2) the temporary release is because of the 12 (A) death of an immediate family member of the defendant; 13 (B) birth of the defendant's child and the defendant has 14 executed an affidavit of paternity before the release; 15 (C) defendant's need for a mental health or substance abuse 16 assessment that the court finds cannot be accommodated in the facility or 17 telephonically; or 18 (D) defendant's need for a medical or dental exam required 19 for acceptance into a residential treatment facility; and 20 (3) the court solicits information from the Department of 21 Corrections regarding the defendant's conduct while incarcerated and considers 22 that information when making a decision under this subsection. 23 * Sec. 6. AS 12.30.010 is amended by adding a new subsection to read: 24 (b) If a court orders the temporary release of a defendant under (a) of this 25 section, the court shall order the defendant to appear in court during normal business 26 hours at the end of the period of temporary release and before the defendant is 27 returned to a correctional facility. 28 * Sec. 7. AS 33.30.141(b) is amended to read: 29 (b) The failure of a prisoner on a furlough to return to the place of 30 confinement or residence within the time specified by those having direct supervision 31 over the prisoner is an unlawful evasion under AS 11.56.335 or 11.56.340
01 [AS 11.56.340]. 02 * Sec. 8. AS 12.30.020(b)(3) is repealed. 03 * Sec. 9. This Act takes effect immediately under AS 01.10.070(c).