SB 228 - NO BAIL FOR FELONS WITH PREVIOUS CONVICTIONS CHAIRMAN VEZEY opened SB 228 for discussion. SENATOR JUDITH SALO, PRIME SPONSOR OF SB 228, gave a brief statement. She stated SB 228 passed the Senate unanimously, and has HB 460 as a companion in the House. She explained SB 228 adds to the list of crimes for which bail is denied in Alaska. Currently, if a person is convicted of an unclassified or a class A felony, following conviction, pending sentencing or pending appeal, bail is not allowed. SB 228 would add "stalking in the first degree, sexual assault in the second and third degree, and sexual abuse of a minor in both class B and class C" to the list of non- bailable after conviction offenses. SB 228 does not deny bail prior to conviction. SENATOR SALO explained SB 228 stems from a case which happened this past fall in Anchorage. A man who had a very long "rap sheet" in both California and Alaska, was tried and convicted of a felony count in Alaska and was sentenced. While pending appeal, he was released on $5,000 bail. While released, he sexually assaulted one woman, and raped another. She was contacted by constituents who felt it was not right that a criminal of his stature was out on the streets. She emphasized SB 228 is legislation that citizens of Alaska are looking for; it provides protection. SENATOR SALO noted the statute citations on the second page of SB 228 referred to the stalking, sexual assault and sexual abuse she mentioned earlier. Number 207 CHAIRMAN VEZEY noted Department of Law, Alaska State Troopers, Office of Public Advocacy, the Public Defender Agency and the Department of Corrections all have zero fiscal notes. REPRESENTATIVE KOTT observed the fiscal notes also and stated SB 228 did not appear to be too offensive. He believed he had seen the bill in the Judiciary Committee before. CHAIRMAN VEZEY commented he believed a judge does not have to grant bail if there is reason to think the person should be denied. The system, however, is not perfect. He questioned if the criminal justice system should really be changed in this manner. SENATOR SALO responded she agreed the mishap does not happen often, however, it should never happen. For this reason, the legislature has chosen to statutorily deny bail for unclassified and class A felonies. This is to prevent mishaps from soft-hearted judges or very good defense attorneys. CHAIRMAN VEZEY clarified SB 228 does not deny bail to a person accused of a crime. SB 228 denies bail after a person is convicted. SENATOR SALO affirmed CHAIRMAN VEZEY. She clarified in unclassified and class A felonies there is limited bail, however, SB 228 totally denies it following conviction. She did not know in what way bail was limited prior to conviction. She emphasized, because of the predominance of sexual crimes in Alaska, they should be added to the list. She noted the lives of those woman stated in the impetus for SB 228 are changed forever. She expressed a considerable amount of time had been spent with the Department of Law and judicial experts who agree that to ensure the mishap does not happen again, SB 228 is necessary. CHAIRMAN VEZEY stated SB 228 is expanding existing statutes to include class B and class C felony convictions, only in the event that they have a prior class A or unclassified conviction. He pointed out SB 228 does not include them if they have a previous class B conviction. Number 281 REPRESENTATIVE KOTT agreed. He commented there may be a case, dealing with due process, that will not allow the legislature to deny bail based on charges, prior to conviction. He noted SB 228 is eliminating some of the judges discretion. (REPRESENTATIVE SANDERS returned at 10:12 a.m.) CHAIRMAN VEZEY agreed bail could be increased, but it could not be denied prior to being charged or prior to conviction. He mentioned the only fiscal impact would be if a person had to go to prison, while on appeal, and then the conviction was thrown out. The state would then be out 1-2 years of incarceration money, when the person could have been out on bail. SENATOR SALO directed the committee to the analysis included with the Department of Corrections zero fiscal note. The analysis states most reversals result in a reduction of sentence, rather than absolutely eliminating it. They overview the projected numbers of felonies that might be overturned. She emphasized even if there was some time served, Department of Corrections implies "it would sort of be a wash." REPRESENTATIVE KOTT moved to pass SB 228 from committee with individual recommendations and attached zero fiscal notes. CHAIRMAN VEZEY called for a roll call vote. IN FAVOR: REPRESENTATIVES VEZEY, KOTT, B. DAVIS, G. DAVIS, SANDERS, OLBERG. ABSENT: REPRESENTATIVE ULMER. The MOTION PASSED. ADJOURNMENT CHAIRMAN VEZEY adjourned the meeting at 10:15 a.m. BILLS NOT HEARD