2019-01-23                     Senate Journal                      Page 0085
              relating to electronic monitoring; amending Rules                                                                
             38.2 and 45(d), Alaska Rules of Criminal Procedure;                                                               
          and providing for an effective date."                                                                                 
                                                                                                                                
was read the first time and referred to the State Affairs, Judiciary and                                                        
Finance Committees.                                                                                                             
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Law                                                                                     
 Fiscal Note No. 2, zero, Department of Public Safety                                                                           
 Fiscal Note No. 3, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 4, indeterminate, Department of Administration                                                                 
 Fiscal Note No. 5, indeterminate, Department of Corrections                                                                    
 Fiscal Note No. 6, indeterminate, Department of Corrections                                                                    
                                                                                                                                
Governor's transmittal letter dated January 22:                                                                                 
                                                                                                                                
Dear Senate President Giessel:                                                                                                  
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill relating to pretrial release, credit                                                     
toward a person’s sentence for time spent in a treatment program or                                                             
electronic monitoring, and amending the Alaska Rules of Criminal                                                                
Procedure.                                                                                                                      
                                                                                                                                
This bill repeals pretrial service provisions of SB 91 and places the                                                           
authority and discretion back in the hands of the Courts to determine                                                           
bail and release conditions. Additionally, it authorizes the                                                                    
Commissioner of Corrections to monitor and enforce pretrial                                                                     
conditions as the Department does with probation and parole services,                                                           
reenacting the third-party custodian system and electronic monitoring                                                           
systems, which were in place prior to SB 91.                                                                                    
                                                                                                                                
The bill prohibits an individual from obtaining jail credit for time                                                            
spent on electronic monitoring before trial. Current law allows a                                                               
person to earn day for day credit for time spent on electronic                                                                  
monitoring while out on bail release. Only the most serious offenses                                                            
are limited to earning 360 days of credit, otherwise, there is no limit to                                                      
the amount of time a person can have credited toward their sentence.                                                            
This can result in ultimately spending little to no time in jail once a