00 CS FOR SENATE BILL NO. 216(JUD) 01 "An Act relating to bail and unlawful evasion; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 11.56.310(a) is amended to read: 04 (a) One commits the crime of escape in the second degree if, without lawful 05 authority, one 06 (1) removes oneself from 07 (A) a correctional facility while under official detention; 08 (B) official detention for a felony or for extradition; or 09 (C) official detention and, during the escape or at any time 10 before being restored to official detention, one possesses on or about oneself a 11 firearm; 12 (2) violates AS 11.56.335 or 11.56.340 [AS 11.56.340] and, during the 13 time of the unlawful evasion or at any time before being restored to official detention, 14 one possesses on or about oneself a firearm; or 15 (3) removes, tampers with, or disables the electronic monitoring 01 equipment, or leaves one's residence or other place designated by the commissioner of 02 corrections for the service by electronic monitoring of official detention for a felony. 03 * Sec. 2. AS 11.56.320(a) is amended to read: 04 (a) One commits the crime of escape in the third degree if one 05 (1) removes oneself from official detention during any lawful 06 movement or activity incident to confinement within a correctional facility for a 07 misdemeanor; or 08 (2) violates AS 11.56.335 or 11.56.340 [AS 11.56.340] and leaves or 09 attempts to leave the state. 10 * Sec. 3. AS 11.56 is amended by adding a new section to read: 11 Sec. 11.56.335. Unlawful evasion in the first degree. (a) A person commits 12 the crime of unlawful evasion in the first degree if, while charged with or convicted of 13 a felony, 14 (1) the person fails to return to official detention within the time 15 authorized following temporary leave granted for a specific purpose or limited period, 16 including leave granted under AS 33.30.181; or 17 (2) while on furlough under AS 33.30.101 - 33.30.131, the person fails 18 to return to the place of confinement or residence within the time authorized by those 19 having direct supervision. 20 (b) Unlawful evasion in the first degree is a class C felony. 21 * Sec. 4. AS 11.56.340 is amended to read: 22 Sec. 11.56.340. Unlawful evasion in the second degree. (a) A person 23 commits the crime of unlawful evasion in the second degree if, while charged with or 24 convicted of a [FELONY OR A] misdemeanor, 25 (1) the person fails to return to official detention within the time 26 authorized following temporary leave granted for a specific purpose or limited period, 27 including leave granted under AS 33.30.181; or 28 (2) while on furlough under AS 33.30.101 - 33.30.131, the person fails 29 to return to the place of confinement or residence within the time authorized by those 30 having direct supervision. 31 (b) Unlawful evasion in the second degree is a class A misdemeanor. 01 * Sec. 5. AS 12.30.010 is amended to read: 02 Sec. 12.30.010. Bail before or after conviction. The defendant in a criminal 03 proceeding is entitled to be admitted to bail before conviction as a matter of right if the 04 alleged victim can be reasonably protected through the imposition of bail and 05 conditions of release. The defendant in a criminal case may be admitted to bail 06 after conviction only as permitted under AS 12.30.040. However, nothing in this 07 chapter allows a court to order a defendant to be released temporarily or 08 periodically, either before trial or after conviction. 09 * Sec. 6. AS 33.30.141(b) is amended to read: 10 (b) The failure of a prisoner on a furlough to return to the place of 11 confinement or residence within the time specified by those having direct supervision 12 over the prisoner is an unlawful evasion under AS 11.56.335 or 11.56.340 13 [AS 11.56.340]. 14 * Sec. 7. AS 12.30.020(b)(3) is repealed. 15 * Sec. 8. This Act takes effect immediately under AS 01.10.070(c).