03/22/1996 09:00 AM Senate JUD

           SB 268 PRETRIAL RELEASE FOR DRUG OFFENSES                          
                                                                              
 SENATOR LEMAN, sponsor of SB 268, reviewed changes made in the                
 proposed committee substitute (version F).  The changes made were             
 suggested by the Department of Law for clarification purposes.  On            
 page 1, lines 7-9, the citations for AS 04 and AS 11 refer to                 
 violations with alcoholic beverages, controlled substances and                
 imitation controlled substances and is catch-all language suggested           
 by the Department of Law.  Additionally, the committee substitute             
 allows that the violator be required to submit to a search, and               
 prohibits the violator from possessing a firearm.  New section 2              
 adds language on lines 8-9, "...shall consider the conditions                 
 specified in AS 12.30.020..." which is consistent with language for           
 release before trial in cases involving alcoholic beverages or                
 controlled substances for domestic violence and stalking.  It helps           
 to clarify the intent of existing law.                                        
                                                                               
 SENATOR MILLER moved to adopt CSSB 268 (version F) in lieu of the             
 original bill, for purposes of discussion.  SENATOR ADAMS objected,           
 because it may limit the court system to specific bail                        
 requirements.                                                                 
                                                                               
 SENATOR LEMAN explained the bill does not limit the court system;             
 it states the court may impose conditions as it believes are                  
 necessary.                                                                    
                                                                               
 SENATOR ADAMS asked what is broken that is being fixed by this                
 legislation.                                                                  
 SENATOR LEMAN replied the legislation unifies a policy the                    
 Department of Law wants to have.  The Municipality of Anchorage has           
 found that this policy is not applied across the board.                       
                                                                               
 Number 131                                                                    
                                                                               
 SENATOR GREEN questioned how the bail conditions will stop                    
 violators from reoffending.                                                   
                                                                               
 SENATOR LEMAN responded it probably will not keep violators from              
 reoffending, but will enable police officers to apprehend those               
 people more quickly if they return to the same area to do business.           
                                                                               
 SENATOR TAYLOR stated he shares the concern that by listing bail              
 conditions a judge will feel he/she has accomplished the intent of            
 the law by following the list, and may overlook a request made by             
 an investigating officer or a district attorney.                              
                                                                               
 SENATOR LEMAN did not disagree with that concern but repeated that            
 item 13 on page 3 provides that the violator not engage in any                
 conduct the court considers reasonably necessary to protect others,           
 which allows the judge to craft bail conditions appropriate for               
 that person.                                                                  
                                                                               
 SENATOR TAYLOR adjourned the meeting at 11:00 a.m.