2018-01-19                     House Journal                      Page 2213
HB 295                                                                                                                        
HOUSE BILL NO. 295 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to pretrial release procedures; amending Rule 41,                                                         
     Alaska Rule of Criminal Procedure; and providing for an effective                                                          
     date."                                                                                                                     
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                

2018-01-19                     House Journal                      Page 2214
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Corrections                                                                                                  
2.  Zero, Dept. of Law                                                                                                          
                                                                                                                                
The Governor's transmittal letter dated January 17 follows:                                                                     
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill that would allow a judicial officer                                                      
to consider out-of-state criminal history when determining bail and                                                             
release conditions.                                                                                                             
                                                                                                                                
In January of 2018, the "Phase III" of criminal justice reform went into                                                        
effect. This phase substantially changes the method for determining                                                             
appropriate bail and release conditions. Under the new system, bail is                                                          
largely dependent upon a person's charge and risk level, as determined                                                          
by a pretrial services officer using a risk assessment tool. Persons                                                            
charged with certain misdemeanors, and who are assessed as low to                                                               
moderate risk, must be released on their own recognizance or on an                                                              
unsecured bond. Further, persons charged with certain class C felonies                                                          
and who are assessed as low risk must also be released on their own                                                             
recognizance or on an unsecured bond. The judge has no discretion to                                                            
impose monetary bail in these situations.                                                                                       
                                                                                                                                
Unfortunately, the risk assessment tool does not take into account a                                                            
person's out-of-state criminal history. Therefore, judges are prohibited                                                        
from imposing monetary bail for these individuals, regardless of what                                                           
their out-of-state criminal history looks like. This is problematic given                                                       
Alaska's transient population, especially in the summer months.                                                                 
                                                                                                                                
This bill would remove the provisions of law requiring release on a                                                             
person's own recognizance or an unsecured bond and return discretion                                                            
if the person has an out-of-state criminal history that has not been used                                                       
in determining the person's risk level by the risk assessment tool. This                                                        
will allow a judge to consider a person's full criminal history before                                                          
making an appropriate release decision both for the offender and the                                                            
public at-large.                                                                                                                
                                                                                                                                

2018-01-19                     House Journal                      Page 2215
For a Safer Alaska, I urge your prompt and favorable action on this                                                             
measure.                                                                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor"