2018-01-18                     Senate Journal                      Page 1774
SB 150                                                                                                                        
SENATE BILL NO. 150 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
                                                                                                                                
               "An Act relating to pretrial release procedures;                                                                
                  amending Rule 41, Alaska Rule of Criminal                                                                    
          Procedure; and providing for an effective date."                                                                      
                                                                                                                                
was read the first time and referred to the Judiciary Committee.                                                                
                                                                                                                                
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, zero, Department of Corrections                                                                             
 Fiscal Note No. 2, zero, Department of Law                                                                                     
                                                                                                                                

2018-01-18                     Senate Journal                      Page 1775
Governor's transmittal letter dated January 17:                                                                                 
                                                                                                                                
Dear President Kelly,                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill that would allow a judicial officer                                                      
to consider out-of-state criminal history when determining bail and                                                             
release conditions.                                                                                                             
                                                                                                                                
In January of 2018, the "Phase III" of criminal justice reform went                                                             
into effect. This phase substantially changes the method for                                                                    
determining appropriate bail and release conditions. Under the new                                                              
system, bail is largely dependent upon a person's charge and risk                                                               
level, as determined by a pretrial services officer using a risk                                                                
assessment tool. Persons charged with certain misdemeanors, and who                                                             
are assessed as low to moderate risk, must be released on their own                                                             
recognizance or on an unsecured bond. Further, persons charged with                                                             
certain class C felonies and who are assessed as low risk must also be                                                          
released on their own recognizance or on an unsecured bond. The                                                                 
judge has no discretion to impose monetary bail in these situations.                                                            
                                                                                                                                
Unfortunately, the risk assessment tool does not take into account a                                                            
person's out-of-state criminal history. Therefore, judges are prohibited                                                        
from imposing monetary bail for these individuals, regardless of what                                                           
their out-of-state criminal history looks like. This is problematic given                                                       
Alaska's transient population, especially in the summer months.                                                                 
                                                                                                                                
This bill would remove the provisions of law requiring release on a                                                             
person's own recognizance or an unsecured bond and return discretion                                                            
if the person has an out-of-state criminal history that has not been used                                                       
in determining the person's risk level by the risk assessment tool. This                                                        
will allow a judge to consider a person's full criminal history before                                                          
making an appropriate release decision both for the offender and the                                                            
public at-large.                                                                                                                
                                                                                                                                
For a Safer Alaska, I urge your prompt and favorable action on this                                                             
measure.                                                                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Bill Walker                                                                                                                     
Governor