2000-02-11                     House Journal                      Page 2181
HB 368                                                                       
HOUSE BILL NO. 368 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to release of persons before trial and before                
sentencing or service of sentence; relating to custodians of persons           
released, to security posted on behalf of persons released, and to             
the offense of violation of conditions of release; amending Rule               
41(f), Alaska Rules of Criminal Procedure; and providing for an                
effective date."                                                               
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               

2000-02-11                     House Journal                      Page 2182
HB 368                                                                       
The following fiscal notes apply:                                              
                                                                               
Fiscal note, Dept. of Administration, 2/11/00                                  
Indeterminate fiscal note, Dept. of Corrections, 2/11/00                       
Zero fiscal note, Dept. of Law, 2/11/00                                        
                                                                               
                                                                               
The Governor's transmittal letter dated February 10, 2000, appears             
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
I am transmitting a bill that will protect the public by adopting              
stronger enforcement measures to encourage persons to abide by their           
conditions of release before trial, imposition of sentence, or service of      
sentence.  Specifically, the bill addresses four areas explained in more       
detail below:                                                                  
                                                                               
Establishing the crime of violating conditions of release;                    
Authorizing courts to order performance bonds;                                
Charging contempt of court for third-party custodian's failure to             
report condition violations;                                                   
Authorizing delayed reporting date for jail time.                             
                                                                               
Violating Conditions of Release.  In criminal cases, an accused has a        
constitutional right to be released on bail before trial.  Persons who         
have been found guilty of a crime may be released before sentence is           
imposed or before ordered to serve a sentence.  When releasing a               
person, the court may impose both general conditions, such as                  
requiring that the accused violate no laws, and conditions specific to         
the particular case or defendant, such as forbidding an accused in a           
domestic violence case from contacting the victim.  The safety of the          
victim often depends on the enforcement of release conditions.                 
Currently, although it is a crime to willfully fail to appear as ordered       
by the court, there are few options for violation of other release             
conditions, except incarcerating the person.  The bill provides that it        
is a class A misdemeanor for a person to violate release conditions if         
the person is charged with a felony, and a class B misdemeanor to              
violate conditions for a person charged with a misdemeanor.                    
                                                                               

2000-02-11                     House Journal                      Page 2183
HB 368                                                                       
Performance Bonds.  The bill clarifies the law by specifically               
authorizing the court to order the accused to post a performance bond,         
and requires that the court forfeit the security if the person violates a      
condition of no contact with the victim or witness in a proceeding.            
The court may forfeit the security if the accused violates other               
conditions.  The standard for forfeiture of security in Rule 41(f),            
Alaska Rules of Criminal Procedure, is amended to require that                 
security be forfeited unless the defendant could not comply due to             
circumstances beyond the control of the defendant.  An example of              
such circumstances includes weather conditions that prevent airplane           
transportation, if there is no alternative way to travel to court.             
                                                                               
Third Party Custodians.  Courts often release a defendant to the             
custody of a third party, either an individual or an organization.             
Custodians are required to report to the court or the police if the            
defendant violates release conditions, but often do not.  The bill             
provides that a third-party custodian can be found in contempt for             
failing to report immediately a defendant's violations of conditions of        
release ordered by the court, and requires the court to inform the             
custodian of the possible consequences of ignoring the duty to report.         
                                                                               
Delayed Reporting Date.  The bill specifically gives the court the           
authority to order a person sentenced to a period of incarceration to          
begin serving the sentence at a date sometime after it was imposed.            
With overcrowded correctional facilities, this is useful to help avoid         
"bottlenecks" in admissions by proper scheduling.                              
                                                                               
I urge your prompt and favorable consideration of this measure.                
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"