04/13/1994 08:45 AM Senate MIN

                                                                               
  SB 228 - NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS                           
                                                                               
  Co-chair  Pearce  directed that  SB  228 be  brought  on for                 
  discussion.    SENATOR  SALO,  sponsor of  the  legislation,                 
  explained that current statutes allow for denial of bail for                 
  unclassified or class A  felonies.  The proposed  bill would                 
  add sexual assault  and sexual abuse of a minor  to the list                 
  of crimes for which bail is denied.  Senator Salo referenced                 
  an incident in her  district involving a man convicted  of a                 
  long list of violent crimes  (including three rapes) who was                 
  tried, convicted, and  sentenced on  felony drug  possession                 
  but released on $5,000 bail pending  appeal.  While on bail,                 
  the  offender violently sexually  assaulted two  more women.                 
  The proposed bill  would prevent that from  happening in the                 
  future.                                                                      
                                                                               
  Co-chair  Pearce  referenced  the accompanying  zero  fiscal                 
  notes  and  pointed specifically  to  assumptions associated                 
  with  the Dept.  of  Corrections note  that  time served  in                 
  custody  prior to sentencing  counts as  time served  on the                 
  sentence.  Total  time served and  the cost will remain  the                 
  same whether or not it is interrupted or delayed by bail.                    
                                                                               
  Senator  Jacko  pointed  to page  2,  line  4, and  inquired                 
  concerning the statutory citations.   Senator Salo explained                 
  that AS 11.41.260 relates to stalking,  a class B felony; AS                 
  11.41.420 is sexual assault in the  second degree, a class B                 
  felony; AS 11.41.425 is sexual  assault in the third degree,                 
  a class C  felony; AS 11.41.436  and AS 11.41.438 relate  to                 
  sexual abuse of  a minor  in the second  and third  degree--                 
  class B and C felonies.  Bail is presently allowed for those                 
  categories  although  it  is  not allowed  for  class  A  or                 
  unclassified felonies.                                                       
                                                                               
  Senator Kerttula took  exception to  the zero fiscal  notes.                 
  He  advised that while he supports  the bill, it is not good                 
  policy to fail to reflect actual costs on fiscal notes.                      
                                                                               
  Senator Salo noted  that a convicted  criminal, such as  the                 
  individual earlier cited,  in most  instances, would not  be                 
  released  on  bail.    The  latitude  for  release  remains,                 
  however.  It should be extinguished.                                         
                                                                               
  Co-chair Pearce called for additional testimony on the bill.                 
                                                                               
                                                                               
  None was forthcoming.                                                        
                                                                               
  Senator  Rieger MOVED that  SB 228 pass  from committee with                 
  individual  recommendations.    No   objection  having  been                 
  raised,  SB 228  was  REPORTED OUT  of  committee with  zero                 
  fiscal notes  from the Dept.  of Corrections, Dept.  of Law,                 
  Dept. of Public  Safety, Dept. of Administration  (PDA), and                 
  Dept. of Administration  (OPA).  All members  present signed                 
  the committee report  with a "do pass" recommendation.   Co-                 
  chair  Frank  and  Senator  Kerttula  were absent  from  the                 
  meeting and did not sign the report.