03/08/2006 09:00 AM Senate FINANCE

                                                                                                                                
     CS FOR SENATE BILL NO. 216(JUD)                                                                                            
     "An Act relating to bail and unlawful evasion; and                                                                         
     providing for an effective date."                                                                                          
                                                                                                                                
                                                                                                                                
This was the  second hearing for this bill in  the Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
Co-Chair  Green stated  that the  Department  of Corrections  was                                                               
invited  to testify  today in  order to  clarify a  few areas  of                                                               
concern,  specifically  as  to   how  the  current  bail  process                                                               
negatively  impacts  the  Department  and  how  this  bill  would                                                               
improve the system.                                                                                                             
                                                                                                                                
9:12:16 AM                                                                                                                    
                                                                                                                                
PORTIA  PARKER, Deputy  Commissioner, Department  of Corrections,                                                               
understood  that during  the first  hearing on  this bill,  there                                                               
might have  been "some  confusion" regarding  the intent  of this                                                               
legislation,  the  current  bail  process,  the  reason  for  the                                                               
changes being proposed  in this legislation, and  how the process                                                               
would be implemented were this  bill adopted. The primary concern                                                               
is that  under the current  process an offender in  State custody                                                               
who could  not post bail,  could petition an Alaska  Court System                                                               
judge to issue them a temporary  release order. In this case, the                                                               
judge could  not order the  Department to escort  the individual.                                                               
The  Department  of  Corrections  must  internally  make  such  a                                                               
request. The  intent of this  legislation would be to  change the                                                               
conditions   of  that   release   as  the   current  process   is                                                               
problematic.  Oftentimes, offenders  do not  return or  when they                                                               
return they  might possess contraband  or be under  the influence                                                               
of drugs and alcohol. These  scenarios create additional work for                                                               
the Department and the Court  System. As a result, the Department                                                               
has determined that "these temporary  releases are not needed and                                                               
are not justified."                                                                                                             
                                                                                                                                
Ms. Parker stated  that while this legislation  would remove "the                                                               
ability of the  judge" to grant temporary releases,  it would not                                                               
affect those who were able to make bail.                                                                                        
                                                                                                                                
Ms. Parker continued that, were  this legislation adopted, a pre-                                                               
sentence offender  desiring to  participate in  something outside                                                               
of  the facility,  could submit  a request  to the  Department of                                                               
Corrections. The  Department of Corrections would  then determine                                                               
"the  appropriateness  to  escort  that offender.  It  is  not  a                                                               
release from  custody." Rather than  the offender  being released                                                               
from  custody,   a  Department   of  Corrections   officer  would                                                               
accompany them.  The Department would  also require  the offender                                                               
or  their family  pay for  the transport  expenses. Few  of these                                                               
"requests  for transport"  would be  anticipated. She  noted that                                                               
the Department currently provides  transport services for medical                                                               
cases.  Transport  for  such things  as  mental  health  pretrial                                                               
assessments would not  be necessary as those  activities could be                                                               
conducted either in the facility or telephonically.                                                                             
                                                                                                                                
9:15:29 AM                                                                                                                    
                                                                                                                                
Senator Hoffman  asked the number  of temporary  release requests                                                               
that  have been  experienced  over  the last  few  years at  each                                                               
correctional facility.                                                                                                          
                                                                                                                                
Ms. Parker  did not  have that  information; however,  she shared                                                               
that most  of the  Court issued  pre-sentence releases  relate to                                                               
mental  health assessments  or medical  appointments. Fewer  such                                                               
requests  are experienced  at the  Bethel  and Nome  correctional                                                               
facilities, as providers tend to travel to those facilities.                                                                    
                                                                                                                                
Ms.  Parker clarified  that the  transporting or  escorting of  a                                                               
person who has  been sentenced would be unaffected  by this bill,                                                               
as the Department "already" manages those situations.                                                                           
                                                                                                                                
SENATOR  CHARLIE  HUGGINS,  the   bill's  sponsor,  informed  the                                                               
Committee that he had no additional testimony to present.                                                                       
                                                                                                                                
Co-Chair  Green stated  that this  discussion  has addressed  her                                                               
concerns. The system would be improved by this legislation.                                                                     
                                                                                                                                
9:17:11 AM                                                                                                                    
                                                                                                                                
Senator Hoffman  asked whether the Judicial  Branch has presented                                                               
a position on the bill.                                                                                                         
                                                                                                                                
Co-Chair  Green stated  that,  during the  first  hearing on  the                                                               
bill,  Doug  Wooliver,  Administrative Attorney,  Office  of  the                                                               
Administrative Director, Alaska Court  System, testified that the                                                               
Court System had no position on the bill.                                                                                       
                                                                                                                                
Co-Chair  Green noted  that an  indeterminate fiscal  note and  a                                                               
zero fiscal note accompany the bill.                                                                                            
                                                                                                                                
Co-Chair  Wilken moved  to report  the bill  from Committee  with                                                               
individual recommendations and accompanying fiscal notes.                                                                       
                                                                                                                                
There  being  no objection,  CS  SB  216(JUD) was  REPORTED  from                                                               
Committee with  a new  indeterminate fiscal  note dated  March 6,                                                               
2006  from the  Department  of Administration  and previous  zero                                                               
fiscal note #1 from the Department of Corrections.                                                                              
                                                                                                                                
9:18:12 AM