05/06/2005 09:00 AM Senate FINANCE

                                                                                                                                
     CS FOR HOUSE BILL NO. 54(FIN)                                                                                              
     "An  Act relating  to bail  review; relating  to petitions  for                                                            
     review  by crime  victims where  the defendant  has received  a                                                            
     sentence below the  sentencing range for the crime; relating to                                                            
     the  qualifications of  certain members  of the Violent  Crimes                                                            
     Compensation Board;  relating to the introduction of the victim                                                            
     and  the defendant  or minor  to the  jury;  amending Rule  27,                                                            
     Alaska  Rules  of  Criminal Procedures,   and Rule  21,  Alaska                                                            
     Delinquency Rules; and providing for an effective date."                                                                   
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  RALPH SAMUELS, co-sponsor of the bill,  informed the                                                            
Committee  that  the first  part of  this  bill would  address  bail                                                            
hearings. The fact that  a defendant is currently entitled to a bail                                                            
hearing every 24 hours  creates problems for both district attorneys                                                            
and for the  crime victim who "have  a Constitutional right  to be a                                                            
every  proceeding  that  the  defendant  is at".  The  24-hour  bail                                                            
scenario  is a hardship  for the  victim who,  when notified  of the                                                            
hearing, might  be required to leave  their job to attend  a hearing                                                            
which might not  occur. This process could occur day  after day with                                                            
the end result being the bail not being changed.                                                                                
                                                                                                                                
Representative  Samuels stated that this bill would  change the bail                                                            
hearing timeframe  to a 48-hour timeframe, and, in  order to request                                                            
a  new bail  hearing  something pertaining  to  the  case must  have                                                            
changed. That new information  must be submitted "in writing for the                                                            
Court's  consideration".  It must be  new information  that had  not                                                            
been considered  at the  prior bail hearing.  The District  Attorney                                                            
would  be provided  a  48-hour  timeframe  in  which to  notify  the                                                            
victim, and there must be 48 hours between bail hearings.                                                                       
                                                                                                                                
10:39:24 AM                                                                                                                   
                                                                                                                                
Representative  Samuels continued  that the second part of  the bill                                                            
would  clarify that  the victim  could  "be introduced  to the  jury                                                            
during the opening statement  or during the jury selection process".                                                            
Since  the defendant  is introduced  to the  jury, both  he and  co-                                                            
sponsor  Representative Bill  Stoltze deem  the introduction  of the                                                            
victim of the  crime to be warranted.  It would "put a face  on what                                                            
happened  whether  it  be a  crime  against  a person  or  a  simple                                                            
property crime."                                                                                                                
                                                                                                                                
10:39:59 AM                                                                                                                   
                                                                                                                                
Representative Samuels  communicated that the third component of the                                                            
bill would provide  the victim "the right to petition  a review of a                                                            
sentence that  falls below the set range". He referenced  previously                                                            
adopted  legislation  that  specified  a  range  of  sentencing  for                                                            
specific crimes.  While "a sentence that goes above  the range would                                                            
go to a  jury trial", this  bill would allow  that "the victim  of a                                                            
crime could  petition  a review of  the sentence  ?.to the Court  of                                                            
Appeals"  were  "the  aggregate  amount  of years  between  all  the                                                            
aggravators and  mitigators in a sentence" to fall  below the range.                                                            
                                                                                                                                
Representative Samuels  stated that the bill would also expand State                                                            
Statutes  to allow a retired  physician or  attorney to qualify  for                                                            
the Violent Crimes Compensation Board.                                                                                          
                                                                                                                                
Representative  Samuels concluded  that these steps would  assist in                                                            
balancing the rights of the accused and those of the victim.                                                                    
                                                                                                                                
Co-Chair  Green  observed  that  allowing  a  retired  physician  or                                                            
attorney  to  serve  on the  Board  would  serve  "to  increase  the                                                            
eligibility" of Board members.                                                                                                  
                                                                                                                                
REPRESENTATIVE  BILL  STOLTZE, the  bill's co-sponsor,  thanked  the                                                            
Committee for hearing this bill.                                                                                                
                                                                                                                                
10:41:41 AM                                                                                                                   
                                                                                                                                
Co-Chair  Green declared  that,  according  to the  volume of  phone                                                            
calls she has  received in regards to this bill, it  must be a "very                                                            
good bill".                                                                                                                     
                                                                                                                                
Co-Chair  Green  asked whether  does  bill would  "bar  or impact  a                                                            
defendant's ability to file an expedited request".                                                                              
                                                                                                                                
Representative  Samuels  responded  that  it  would not.  Under  the                                                            
current process, a Magistrate  would set a defendant's initial bail.                                                            
Typically,  and particularly  in cases involving  "high emotions  or                                                            
alcohol,  that bail would  be set  at a high  level. The  subsequent                                                            
bail hearing,  which is considered "the real bail  hearing" would be                                                            
before a Judge. Rather  than allowing a bail hearing to be scheduled                                                            
every day,  as is  currently the  case, this bill  would extend  the                                                            
amount of time  between hearings and would require  that a change in                                                            
the information  pertaining  to the case be  provided in writing  to                                                            
the Court.                                                                                                                      
                                                                                                                                
Co-Chair  Wilken  moved  to  report the  bill  from  Committee  with                                                            
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There being no objection,  CS HB 54(FIN) was REPORTED from Committee                                                            
with zero fiscal  note #1 dated March  26, 2005 from the  Department                                                            
of Corrections;  zero fiscal note  #2 dated March 24, 2005  from the                                                            
Alaska Court  System; and zero fiscal  note #3 dated March  29, 2005                                                            
from the Department of Law.                                                                                                     
                                                                                                                                
10:43:13 AM