Legislature(1999 - 2000)
03/03/2000 01:20 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 368 - RELEASE OF CRIMINAL DEFENDANT CHAIRMAN KOTT announced that the first order of business would be HOUSE BILL NO. 368, "An Act relating to release of persons before trial and before sentencing or service of sentence; relating to custodians of persons released, to security posted on behalf of persons released, and to the offense of violation of conditions of release; amending Rule 41(f), Alaska Rules of Criminal Procedure; and providing for an effective date." CHAIRMAN KOTT noted that a committee substitute (CS) had been drafted due to some of the comments made by Anne Carpeneti, Assistant Attorney General, Department of Law. Number 0097 REPRESENTATIVE ROKEBERG made a motion that the committee adopt the proposed CSHB 368, Version G [1-GH2027\G, Luckhaupt, 3/2/00]. There being no objection, it was so ordered and Version G was before the committee. ANNE CARPENETI, Assistant Attorney General, Legal Services Section - Juneau, Criminal Division, Department of Law, came before the committee in order to review the changes that the proposed CS encompassed. She pointed out that on page 2, line 29, the sentence was basically flip flopped in order to be more grammatically correct. On page 4, lines 13-15, the performance bond provision was cleaned up with the elimination of the 10 percent posting requirement. She noted that the 10 percent posting requirement is rarely done because it is not very practical. The courts are in a better position to set an amount and require it to be deposited. If the person does not abide by the conditions, then the amount is forfeited. Number 0199 REPRESENTATIVE CROFT related his understanding, then, that under the previous language the bond would be set at $1 million and the 10 percent requirement would then amount to $100,000. He understands that now, under the CS, the court would set the bond amount at $100,000. MS. CARPENETI said, "I would think so." However, she noted that the amounts are usually much smaller. She then returned to the review of the changes in the CS. The court system had suggested that the immediate effective date be removed, which she believes makes sense because it is difficult for the courts to amend their rules under an immediate effective date. Therefore, without an immediate effective date the general statutory date would be in place and thus the bill would take effect 90 days after the governor's signature. On page 1, line 2, the phrase, "relating to when service of sentence shall begin" was inserted to reflect that portion of the bill which allows a court to order a defendant to begin service at a later date. CHAIRMAN KOTT referred to page 3, line 29, and requested that Ms. Carpeneti explain how the courts inform the custodian. Is that done verbally or in writing or a combination of the two? MS. CARPENETI said that she assumes that [the custodian would be informed] both verbally and in writing. However, she did not believe it would hurt to say that specifically. Number 0394 CHAIRMAN KOTT made a motion that the committee adopt the following conceptual amendment: Page 3, line 30, after "custodian" Insert ", verbally and in writing," REPRESENTATIVE KERTTULA said that she did not object. However, she believes that normally during the bail hearings there is a transfer sheet which provides the conditions of release. She believes that it would suffice to provide a copy of that to the custodian in order to avoid taking time to create a separate formal letter to the custodian. Requiring something extra could cause a delay. REPRESENTATIVE ROKEBERG suggested that a form listing the various conditions could be created and there could be a spot at the bottom of the form to allow for other conditions to be listed. CHAIRMAN KOTT announced that there being no objection, the conceptual amendment was adopted. REPRESENTATIVE ROKEBERG commented that he appreciates the conceptual amendment as it places some "teeth" in the custodian's duties. CHAIRMAN KOTT said that he could not recall what the committee discussed in regard to allowing a third party custodian to be responsible for more than one person. MS. CARPENETI said that point was brought forward by Lauree Hugonin, Director, Alaska Network on Domestic Violence and Sexual Assault. Although the department does not oppose that suggestion, it is not preferred in HB 368 due to some problems with drafting. She recalled that Ms. Hugonin also had suggested that a person who has been held in contempt for failure to perform custodial duties should not be appointed again. However, there were questions regarding how long such a prohibition would be in effect and thus the department had recommended that that suggestion not be included. Number 0650 REPRESENTATIVE ROKEBERG made a motion that CSHB 368 [version 1- GH2027\G, Luckhaupt, 3/2/00] as amended be reported out of committee with individual recommendations and the attached zero fiscal note. There being no objection, it was so ordered and CSHB 368(JUD) was reported from committee.
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