2020-01-27                     House Journal                      Page 1480
HB 226                                                                                                                        
HOUSE BILL NO. 226 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act amending the authority of pretrial services officers to file                                                       
     charges, make a warrantless arrest, or request the court to issue a                                                        
     warrant for arrest for escape in the third degree; and providing for                                                       
     an effective date."                                                                                                        
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                
1.  Zero, Dept. of Corrections                                                                                                  
2.  Zero, Dept. of Public Safety                                                                                                
                                                                                                                                
The Governor's transmittal letter dated January 24 follows:                                                                     
                                                                                                                                
"Dear Speaker Edgmon:                                                                                                           
                                                                                                                                
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill amending the authority of pretrial                                                       
services officers to make arrests, file charges, and request warrants                                                           
from the court for defendants who commit Escape in the Third Degree.                                                            
                                                                                                                                
Under current law, pretrial services officers may only arrest, file                                                             
criminal charges, or request a warrant when a person violates a                                                                 
condition of pretrial release (AS 11.56.757) or fails to appear for a                                                           
court hearing (AS 11.56.730). However, defendants often violate their                                                           
conditions of release by removing their electronic monitoring bracelet,                                                         
which upgrades the offense to Escape in the Third Degree, a Class C                                                             
felony. Since pretrial services officers are unable to arrest, file                                                             
charges, or request warrants for this offense, they must notify law                                                             
enforcement or a prosecutor who must then gather the information                                                                
from the pretrial services officer in order to file charges or request a                                                        
warrant.                                                                                                                        
                                                                                                                                
Adding Escape in the Third Degree to the list of offenses that a pretrial                                                       
services officer can arrest, file charges, or request a warrant for will                                                        
streamline the process and allow warrants to be issued and charges to                                                           
be filed in a more timely manner.                                                                                               

2020-01-27                     House Journal                      Page 1481
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Mike Dunleavy                                                                                                                   
Governor"