Legislature(2005 - 2006)BUTROVICH 205
02/28/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB222 | |
| SB216 | |
| SB284 | |
| SJR20 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SJR 20 | TELECONFERENCED | |
| *+ | SB 284 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 216 | ||
| = | SB 222 | ||
SB 216-BAIL RESTRICTIONS
9:16:44 AM
CHAIR RALPH SEEKINS announced SB 216 to be up for consideration.
SENATOR CHARLIE HUGGINS reminded the committee that previous
bill hearing lacked the testimony of Portia Parker and Susan
Parkes. He called them both to the witness stand.
9:17:27 AM
SUSAN PARKES, Deputy Attorney General, Department of Law (DOL),
and PORTIA PARKER, Deputy Commissioner, Department of
Corrections (DOC), introduced themselves for the record.
SENATOR HUGGINS asked Ms. Parkes to advise the committee of the
reason SB 216 was on the docket.
MS. PARKES said it was due to publicity that surrounded a
notorious incident of a temporary release in Palmer. Under the
current statute, a judge temporarily reduced bail, which allowed
the release of a prisoner to attend a funeral. The prisoner cut
off his electronic monitoring device and failed to return. It
was several weeks before he was found.
9:19:29 AM
SB 216 would prevent judges from ordering a temporarily bail
reduction, and Section 1 would increase unlawful evasion to a
class C felony.
SENATOR HUGGINS noted there was more than one case in recent
history that highlighted the need for the legislation. He asked
Ms. Parker to comment.
MS. PARKER said temporary releases are problematic for the DOC
for a variety of reasons; primarily the entire booking process
has to be redone. Additionally, there are the problems of
offenders not returning, particularly in Fairbanks where fifty
percent of all offenders do not return. From a DOC point of
view, temporary releases are not necessary because there is no
justification for it, either they can make bail or not. The DOC
has the ability and capacity to provide an escort and transport
for necessary things such as funerals and medical treatment.
9:24:07 AM
MS. PARKER continued most of the temporary releases are done for
substance abuse assessments. The DOC can accommodate those on
site and already do.
9:25:25 AM
SENATOR HUGGINS expressed support for the bill.
SENATOR GENE THERRIAULT asked whether there was a reason not to
have an immediate effective date.
MS. PARKES said no. An immediate effective date could apply to
anyone currently in the system.
9:27:27 AM
SENATOR THERRIAULT moved Amendment 1. Provide for an immediate
effective date. Hearing no objections, Amendment 1 was adopted.
SENATOR HOLLIS FRENCH asked Ms. Parker of the fifty percent
releases who did not return in Fairbanks, the number of them
that were charged with a crime.
MS. PARKER did not know.
SENATOR FRENCH said SB 216 would make it harder to charge them
with a crime because they would have to be indicted.
9:29:29 AM
MS. PARKER countered SB 216 would not allow temporary releases
at all.
SENATOR FRENCH said it wouldn't lead to temporary releases from
a court but it would lead to temporary releases from the DOC so
there will still be unlawful evasions. He asked the definition
of "work release."
MS. PARKER responded a furlough is considered a temporary
release. A furlough can be to go into a residential treatment
facility or a halfway house. A furlough can be for work release
as well.
SENATOR FRENCH asked whether the DOC allows pre-conviction work
releases.
9:31:34 AM
MS. PARKER said it depends on the kind of release.
SENATOR FRENCH noted when a person leaves a halfway house to go
to work they would not be in custody.
MS. PARKER argued they would still be incarcerated.
SENATOR FRENCH countered when a person walks away from work
while on release, it is unlawful evasion, but when a person
leaves in the middle of the night, it is escape in the fourth
degree. He said the Glenwood Center in Anchorage was a minimum-
security facility that sits in the middle of town and is easy to
walk away from.
9:33:04 AM
MS. PARKES explained in Anchorage they have third party releases
to the halfway houses, which is different than official
detention. More typical of what she sees pre-trial is that the
halfway house is third party and people often disappear when
they are living under third party conditions.
SENATOR FRENCH posed a hypothetical situation of a post-
conviction person living in a halfway house on work release. If
that person did not come back from work release it would be
unlawful evasion and SB 216 would make that a blanket felony,
whether that person was incarcerated for a misdemeanor or a
felony.
MS. PARKES said that is correct.
SENATOR FRENCH voiced preference for making a distinction
between people incarcerated for a felony and those incarcerated
for a misdemeanor. He said misdemeanor offenses usually do not
involve a gun or serious assault or felony DWI and would not be
as serious. He offered to work with the sponsor on that point.
9:35:29 AM
MS. PARKER agreed.
9:36:15 AM
SENATOR GRETCHEN GUESS asked for clarification whether there
were any situations where only the courts were allowed to give a
temporary release where the DOC cannot.
MS. PARKER said the DOC does not allow temporary releases at all
for pre-trial or pre-sentence.
SENATOR GUESS stated SB 216 would not allow for temporary
releases but a person could still request for an escort for
something that they need to do.
MS. PARKER said that is correct.
CHAIR SEEKINS held SB 216 in committee.
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