04/15/1999 01:24 PM House JUD

                                                                                                                                
                                                                                                                                
HB 67 - BAIL HEARING FOR SEX OFFENDERS                                                                                          
                                                                                                                                
CHAIRMAN KOTT announced that the next item of business would be                                                                 
House Bill No. 67, "An Act relating to release of certain persons                                                               
alleged to have committed certain sexual offenses."  He noted that                                                              
it had been heard by the committee previously.                                                                                  
                                                                                                                                
Number 1327                                                                                                                     
                                                                                                                                
REPRESENTATIVE NORMAN ROKEBERG, sponsor, referred to a new proposed                                                             
committee substitute, Version I [l-LS0197\I, Luckhaupt, 3/12/99],                                                               
which was subsequently distributed.                                                                                             
                                                                                                                                
Number 1379                                                                                                                     
                                                                                                                                
JANET SEITZ, Legislative Assistant to Representative Norman                                                                     
Rokeberg, Alaska State Legislature, came forward to explain the                                                                 
changes.  Instead of the plan envisioned in the original bill,                                                                  
Version I is similar to a judge's release in domestic violence                                                                  
cases.  It adds a new section to cover all sexual assaults, not                                                                 
just those against children.  It also permits the judge to impose                                                               
additional conditions on a person charged or convicted of these                                                                 
crimes, concerning having no contact with the alleged victim,                                                                   
residing in a place where there is no likelihood of coming in                                                                   
contact with the victim, and taking medication as prescribed.                                                                   
                                                                                                                                
MS. SEITZ explained that the victim is currently notified of the                                                                
bail hearing, but there is no inquiry by the judicial officer to                                                                
see whether the victim actually got the notice; this was where the                                                              
system had broken down in Representative Rokeberg's constituent's                                                               
case.  Under this bill, before a person who is charged or convicted                                                             
of one of these crimes is released, the judicial officer is                                                                     
required to ask the victim, or the victim's representative, about                                                               
the notice.  The judicial officer is also to inquire whether the                                                                
victim or the victim's representative is in court and wishes to                                                                 
testify; testifying is not mandatory, however.  Ms. Seitz noted                                                                 
that they had worked with Anne Carpeneti of the Department of Law                                                               
and Doug Wooliver of the Alaska Court System, both of whom had                                                                  
suggested changes that are in Version I.                                                                                        
                                                                                                                                
Number 1502                                                                                                                     
                                                                                                                                
DOUG WOOLIVER, Administrative Attorney, Office of the                                                                           
Administrative Director, Alaska Court System, noted that one                                                                    
previous concern was that a judge might be precluded from releasing                                                             
a defendant on bail if the Department of Law was unable to notify                                                               
the victim, for whatever reason.  This requires the judge to make                                                               
the inquiry.  However, if reasonable efforts have been made, but to                                                             
no avail, the process can continue.  That had been their main                                                                   
concern, Mr. Wooliver said, and has been addressed in this version.                                                             
                                                                                                                                
Number 1542                                                                                                                     
                                                                                                                                
REPRESENTATIVE GREEN asked whether the changes in Version I are                                                                 
procedural, then, rather than addressing changes in the penalties.                                                              
                                                                                                                                
MR. WOOLIVER affirmed that.                                                                                                     
                                                                                                                                
Number 1573                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES made a motion to adopt Version I as the                                                                    
working draft.  There being no objection, it was so ordered.                                                                    
                                                                                                                                
Number 1600                                                                                                                     
                                                                                                                                
REPRESENTATIVE ROKEBERG complimented his staff on working closely                                                               
with the department and the court system to overcome problems                                                                   
without creating a burden on the court system and to result in a                                                                
zero fiscal note.  He pointed out that  Mr. Wooliver has contacted                                                              
a number of sitting judges to see how this would work as a                                                                      
practical matter.  Upon Mr. Wooliver's counsel, they have elevated                                                              
the rights of the victims to make sure that if there are unique                                                                 
circumstances, judges can take up 24-hour supervision, if                                                                       
appropriate.  However, they have removed the penalty provisions, to                                                             
give the judges discretion.                                                                                                     
                                                                                                                                
Number 1691                                                                                                                     
                                                                                                                                
REPRESENTATIVE JAMES made a motion to move Version I [l-LS0197\I,                                                               
Luckhaupt, 3/12/99], out of committee with individual                                                                           
recommendations and the attached zero fiscal note.  There being no                                                              
objection, CSHB 67(JUD) moved out of the House Judiciary Standing                                                               
Committee.