Legislature(2005 - 2006)BUTROVICH 205
02/27/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB222 | |
| SB216 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 206 | TELECONFERENCED | |
| += | SB 222 | TELECONFERENCED | |
| *+ | SB 216 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 216-BAIL RESTRICTIONS
10:05:27 AM
CHAIR RALPH SEEKINS announced SB 216 to be up for consideration.
SENATOR CHARLIE HUGGINS, bill sponsor, advised the committee
that the intent of the bill today was to hear some testimony and
then carry it over until Portia Parker and Susan Parkes were
able to testify.
JOSH TEMPEL, Staff to Senator Huggins, introduced the bill and
read the sponsor statement. SB 216 would amend AS 11.56.340 by
classifying an unlawful evasion as a felony. It is currently a
misdemeanor. The bill would amend AS 12.30.010 to disallow
temporary and periodic releases. There are numerous examples of
felons using the temporary release system to escape from
incarceration. SB 216 would close a loophole in the judicial
system and would help ensure the safety of all Alaskans.
10:08:12 AM
CHAIR SEEKINS asked for a definition of "unlawful evasion."
SENATOR HUGGINS deferred to Dean Guaneli with the Department of
Law.
10:09:44 AM
DEAN GUANELI, Chief Assistant Attorney General, Criminal
Division, Department of Law (DOL), informed the committee that
unlawful evasion occurs when someone has been released to
furlough or a halfway house with a work release provision and
that person fails to return.
Under Alaska law, a person has a right to have bail set and
judges are required to consider two general factors in setting
that bail and that is a person's flight risk and the danger that
the person poses to the community. The statute contains
different conditions of release for different offenses, such as
alcohol and drug offenses, domestic violence, and stalking, to
name a few. Judges are supposed to look at the specific
circumstances of the case and take them into consideration and
they have a wide discretion to impose certain conditions on the
person. Typically they put the person in the custody of a third
party and that custodian has a legal obligation to report
violations.
10:12:55 AM
Problems arise when judges release people without consideration
of all of the risks to the community.
10:14:59 AM
MR. GUANELI continued there is currently a provision in statute
that allows a judge to release a person temporarily and the bill
would repeal that provision. Often judges will release a person
to the custody of their attorney for the purpose of preparing
for a trial and that generally poses no problem.
10:16:48 AM
SENATOR HUGGINS said SB 216 would tighten up the responsibility
for the released person and for the custodian.
MR. TEMPEL added that the Department of Corrections would still
have the discretion to temporarily release a person from
custody.
SENATOR HOLLIS FRENCH asked for the definitions of "escape" and
"unlawful evasion."
MR. GUANELI said there are several degrees of escape depending
on how it is done. The highest degree of escape involves
possession of a weapon. It can happen in a variety of ways.
SENATOR FRENCH recalled that escape was "leaving official
detention" which generally is a prison but could also refer to a
person leaving when a policeman has put them under arrest. He
said it would benefit the committee if they could have a clear
definition since they would be making all of those instances a
Class C felony.
10:20:13 AM
CHAIR SEEKINS suggested covering that at the next bill hearing.
SENATOR GENE THERRIAULT moved to report that version F would be
the working document before the committee. Hearing no
objections, the motion carried.
CHAIR SEEKINS held the bill in committee.
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