2019-01-23                     Senate Journal                      Page 0086
person is convicted and sentenced. Case law has held that time spent                                                            
on electronic monitoring is not akin to time spent in jail. Matthew v.                                                          
State, 152 P.3d 469 (Alaska App. 2007). The bill will amend the law                                                             
to conform to this holding and prohibit the accrual of jail credit when a                                                       
person is on electronic monitoring while on pretrial release.                                                                   
                                                                                                                                
The bill increases the efficiency of the criminal justice system by                                                             
encouraging the court system to use videoconferencing for all pretrial                                                          
hearings wherever that technology is feasible. Current practice is to                                                           
require an in-custody defendant to be physically present at all pretrial                                                        
hearings.  Some of these hearings are simple scheduling hearings                                                                
which only take a few minutes. However, it requires significant                                                                 
resources to transport a defendant from the jail to the courthouse. Each                                                        
time a prisoner is transported, there is the potential for an escape or for                                                     
contraband to be brought back into the prison facility. The increased                                                           
use of videoconferencing will decrease these risks and improve the                                                              
efficiency of the criminal justice system.                                                                                      
                                                                                                                                
Finally, the bill allows a defendant’s counsel to agree to continuances                                                         
of trial. This is helpful in the event that the defendant’s counsel needs                                                       
more time to adequately prepare for trial. If the defendant’s counsel is                                                        
unprepared it can result in the case being overturned on appeal or                                                              
having the conviction vacated through an ineffective assistance of                                                              
counsel claim. Both situations delay justice for victims and put the                                                            
State in a position of having to retry the case because the defendant                                                           
did not appreciate the importance of allowing for a continuance. The                                                            
court would still need to make an independent evaluation of whether                                                             
or not a continuance is appropriate. Continuances are a tactical matter                                                         
which the defendant’s counsel should control.                                                                                   
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Michael J. Dunleavy                                                                                                             
Governor                                                                                                                        
                                                                                                                                
SB 34                                                                                                                         
SENATE BILL NO. 34 BY THE SENATE RULES COMMITTEE                                                                                
BY REQUEST OF THE GOVERNOR, entitled: