Legislature(2019 - 2020)BUTROVICH 205
02/11/2020 03:30 PM Senate STATE AFFAIRS
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| SB166 | |
| SB167 | |
| SB162 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 166 | TELECONFERENCED | |
| *+ | SB 167 | TELECONFERENCED | |
| *+ | SB 162 | TELECONFERENCED | |
SB 166-AUTHORITY OF PRETRIAL SERVICES OFFICERS
3:33:25 PM
CHAIR REVAK announced the consideration of SENATE BILL NO. 166,
"An Act amending the authority of pretrial services officers to
file charges, make a warrantless arrest, or request the court to
issue a warrant for arrest for escape in the third degree; and
providing for an effective date."
He invited Ms. Winkelman to present the bill.
3:34:21 PM
JENNIFER WINKELMAN, Acting Deputy Commissioner, Department of
Corrections, Juneau, Alaska, introduced SB 166 reading from the
following prepared statement:
Good afternoon Mr. Chairman and members of the Senate
State Affairs Committee. For the record, my name is
Jennifer Winkelman, Acting Deputy Commissioner for the
Department of Corrections.
Here with me today are Kelly Howell, Special
Assistant/Legislative Liaison for the Department of
Corrections, who will provide a sectional analysis of
the bill, and Kaci Schroeder, Assistant Attorney
General with the Department of Law, who is available
to answer any legal questions associated with the
bill.
Thank you for the opportunity to appear before you
today to introduce Senate Bill 166, an Act amending
the authority of pretrial services officers to file
charges, make a warrantless arrest, or request the
court to issue a warrant for arrest for escape in the
third degree, and providing for an effective date.
Under current law, pretrial services officers may only
arrest, file criminal charges, or request a warrant
when a person violates a condition of pretrial release
under AS 11.56.757 or fails to appear for a court
hearing under AS 11.56.730.
Under HB 49 one commits the crime of escape in the
third degree if, while on release the person removes,
tampers with, or disables electronic monitoring
equipment or without prior authorization leaves one's
residence or other place designated by a judicial
officer as a condition of release.
Because pretrial officers are unable to arrest, file
charges, or request warrants for this offense, they
must notify law enforcement or a prosecutor who must
then gather the information from the pretrial services
officer in order to file charges or request a warrant.
Aside from violations of conditions of release and
failure to appear, pretrial officers do not have
arrest authority for Title 11 offenses. Pretrial
services officers draw their arrest authority from
Title 33.
By amending Title 33, Senate Bill 166 grants pretrial
services officers the authority to affect an arrest on
an individual they are responsible for supervising.
This will streamline the criminal justice process in
regard to these cases.
We appreciate the opportunity to present Senate Bill
166 today and request your prompt and favorable action
on this bill.
Thank you.
3:36:41 PM
KELLY HOWELL, Special Assistant and Legislative Liaison,
Department of Corrections, Juneau, Alaska, read the following
sectional analysis for SB 166.
Section 1: Amends AS 33.07.030, duties of pretrial
officers. Current subsection (g) establishes
discretionary actions that may be taken by a pretrial
services officer including establishing circumstances
when a pretrial services officer may make an arrest or
request the court to issue a warrant. This amendment
would add escape in the third degree (AS 11.56.320) as
an offense that permits a pretrial services officer to
file a complaint with the court seeking arrest or
issuance of a warrant.
Section 2: Establishes an immediate effective date.
MS. HOWELL noted that two zero fiscal notes are attached to the
legislation.
3:37:37 PM
SENATOR COGHILL asked for an explanation of AS 11.56.320.
MS. WINKELMAN replied it is escape in the third degree.
SENATOR KAWASAKI asked for a description of escape in the third
degree.
MS. WINKELMAN read the statute:
Sec. 11.56.320. Escape in the third degree.
(a) One commits the crime of escape in the third
degree if one
(1) removes oneself from official detention
during any lawful movement or activity incident to
confinement within a correctional facility for a
misdemeanor;
(2) violates AS 11.56.335 or 11.56.340 and leaves
or attempts to leave the state;
(3) while under official detention for a
misdemeanor,
(A) removes, tampers with, or disables the
electronic monitoring equipment; or
(B) without prior authorization, leaves
one's residence or other place designated by the
commissioner of corrections or the commissioner of
health and social services for service by electronic
monitoring; or
3:39:20 PM
MS. WINKELMAN explained that subsection (a)(4) relating to
electronic monitoring is the important provision for SB 166. AS
12.30 relates to release while on pretrial service supervision.
(4) while on release under AS 12.30,
(A) removes, tampers with, or disables the
electronic monitoring equipment; or
(B) without prior authorization, leaves
one's residence or other place designated by a
judicial officer as a condition of release.
SENATOR KAWASAKI asked her to read the last citation under AS
12.30.
MS. WINKELMAN read, "without prior authorization, leaves one's
residence or other place designated by a judicial officer as a
condition of release."
SENATOR KAWASAKI posed a hypothetical situation of a person at
NorthStar Center in Fairbanks who is on work release but does
not return to the center after work. He asked if that would
qualify.
MS. WINKELMAN clarified that the provision was specifically for
individuals who are placed on pretrial services as a condition
of bail. She deferred to Ms. Schroeder to discuss escape from a
halfway house.
SENATOR COGHILL asked what the most common problems have been.
MS. WINKELMAN replied SB 166 will streamline the process when
somebody tampers with or deactivates their electronic monitoring
device. Should the bill pass, the pretrial service officer would
make an arrest for violating conditions of release and then put
the paperwork forward for the Court System to review. Under the
current process, the pretrial service officer arrests the
individual for violating conditions of release and flags
sentences in the complaint that state what the behavior was so
the prosecutor can screen for escape in the third degree. She
reminded the members that House Bill 49 made tampering with or
deactivating an electronic monitoring device the crime of escape
in the third degree but pretrial service officers only have
arresting authority for violating conditions of release.
3:42:04 PM
SENATOR COGHILL commented that the assumption must be that the
individual is already under supervision, which is why the arrest
may be warrantless. "If this goes into law, it would be much
easier because of the assumption of their conditions?"
MS. WINKELMAN replied it is not necessarily because the arrest
may be warrantless. The pretrial service officer will still file
the complaint for violating conditions of release. It is because
of the threshold of escape in the third degree and the fact that
the officers do not have that arresting authority. Currently,
officers arrest for violating conditions of release and either
the prosecution or local law enforcement must screen the
complaint for escape in the third degree, which adds an
additional step.
SENATOR COGHILL said it is that HB 49 increased the penalty so a
warrant is required.
MS. WINKELMAN explained that HB 49 made tampering with or
deactivating an electronic monitoring device while under
pretrial release a crime of escape in the third degree.
SENATOR REVAK asked how often and in what regions this occurs.
MS. WINKELMAN replied that a quick poll of three locations since
House Bill 49 became effective showed there were 13 cases in
Juneau and Fairbanks and 23 cases in Anchorage. By comparison,
there were about 33 of these cases in Anchorage the 6 months
prior to the effective date.
3:44:38 PM
SENATOR REVAK opened public testimony on SB 166. Finding none,
he closed public testimony saying he would open it again when
the bill was scheduled in the future. He noted that SB 166 has
two zero fiscal notes.
SB 166 was held in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 166 Sponsor Statement 1.24.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 166 |
| SB 166 Sectional Analysis v. A 2.5.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 166 |
| SB 167 Sponsor Statement 1.24.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 167 |
| SB 167 Sectional Analysis v. A 2.5.2020.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 167 |
| SB 162 Legal Memo 11.27.19.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Legal Memo 1.22.20.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Sponsor Statement 2.7.20.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |
| SB 162 Backup statute docs.pdf |
SSTA 2/11/2020 3:30:00 PM |
SB 162 |