02/15/2012 01:00 PM House JUDICIARY

       HB 296 - CRIME OF ESCAPE/DEF. OF CORRECT. FACILITY                                                                   
                                                                                                                                
1:09:57 PM                                                                                                                    
                                                                                                                                
CHAIR GATTO  announced that the  next order of business  would be                                                               
HOUSE BILL  NO. 296, "An  Act relating  to service of  process on                                                               
prisoners;  relating to  the  crime of  escape;  relating to  the                                                               
definition of  'correctional facility';  amending Rule  4, Alaska                                                               
Rules of Civil  Procedure; and providing for  an effective date."                                                               
[Amendment  1  was  adopted  on 2/1/12;  left  pending  from  the                                                               
hearing on  2/10/12 was  the motion to  adopt Amendment  2, which                                                               
was not taken up again.]                                                                                                        
                                                                                                                                
1:10:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  3,                                                               
labeled 27-LS1199\D.5, Gardner, 2/14/12, which read:                                                                            
                                                                                                                                
     Page 1, line 2:                                                                                                            
          Delete    "relating   to    the   definition    of                                                                  
     'correctional facility'"                                                                                                 
                                                                                                                                
     Page 2, lines 13 - 18:                                                                                                     
          Delete all material and insert:                                                                                       
               "(1)  has construction fixtures or security                                                                      
     features that are designed to restrict the ability of                                                                      
       a person under official detention from leaving the                                                                       
     facility without lawful authority; or                                                                                      
               (2)  has correctional officers or other                                                                          
     persons authorized by the commissioner of corrections                                                                      
       to prevent a person under official detention from                                                                        
     leaving without lawful authority."                                                                                         
                                                                                                                                
     Page 2, lines 19 - 23:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 3, line 2, following "Act,":                                                                                          
          Insert "and"                                                                                                          
                                                                                                                                
     Page 3, lines 3 - 4:                                                                                                       
          Delete "and the definition of "correctional                                                                           
     facility" in AS 11.81.900(b)(9), as amended by sec. 4                                                                      
     of this Act,"                                                                                                              
                                                                                                                                
CHAIR GATTO objected for the purpose of discussion.                                                                             
                                                                                                                                
REPRESENTATIVE GRUENBERG  explained that Amendment 3  - carefully                                                               
crafted to  address the concerns  of all parties -  would rewrite                                                               
Section  3's proposed  new  AS  11.56.310(c)(1)-(2), which  would                                                               
define the term,  "secure correctional facility" as  that term is                                                               
used in AS  11.56.310; would delete Section 4,  which would alter                                                               
existing AS  11.81.900(b)(9)'s definition  of what  constitutes a                                                               
"correctional  facility"; and  would make  conforming changes  to                                                               
the title.                                                                                                                      
                                                                                                                                
1:13:02 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section, Criminal  Division, Department  of Law  (DOL), confirmed                                                               
that Amendment  3 addresses the  concerns the  administration had                                                               
with HB 296.                                                                                                                    
                                                                                                                                
CHAIR GATTO  removed his objection, and,  after ascertaining that                                                               
there were no further objections,  announced that Amendment 3 was                                                               
adopted.                                                                                                                        
                                                                                                                                
REPRESENTATIVE KELLER, in response  to a question, confirmed that                                                               
he's  been  assured  that  HB   296  won't  impact  the  statutes                                                               
pertaining to Medicaid funding, and  thus the concern he had with                                                               
the bill has been alleviated.                                                                                                   
                                                                                                                                
CHAIR  GATTO,  after ascertaining  that  no  one else  wished  to                                                               
testify, closed public testimony on HB 296.                                                                                     
                                                                                                                                
1:15:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE THOMPSON moved  to report HB 296  [as amended] out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying   fiscal  notes.      There   being  no   objection,                                                               
CSHB 296(JUD)  was reported  from  the  House Judiciary  Standing                                                               
Committee.