04/19/1994 08:30 AM Senate FIN

                                                                               
  SENATE BILL NO. 350                                                          
                                                                               
       An  Act   relating  to   a  defendant's   violation  of                 
       conditions of  release; and providing  for an effective                 
       date.                                                                   
                                                                               
  Co-chair Pearce reconvened  the meeting with both  co-chairs                 
  and Senators Kelly,  Rieger, and Sharp  in attendance.   She                 
  then directed that SB  350 be brought on for  discussion and                 
  referenced file materials.                                                   
                                                                               
  MARGOT KNUTH, Assistant Attorney General, Dept. of Law, came                 
  before  committee, accompanied  by JAYNE  ANDREEN, Executive                 
  Director, Council on  Domestic Violence and Sexual  Assault,                 
  Dept.  of Public  Safety.   Ms. Knuth  explained that  under                 
  existing  law,  police  officers have  authority  to  make a                 
  warrantless arrest for  any felony  offense and for  certain                 
  misdemeanors:  DWI,  domestic violence,  etc.  The  proposed                 
  bill authorizes peace officers to  make a warrantless arrest                 
  when a defendant has violated conditions of release in those                 
  same cases.                                                                  
                                                                               
  Under present law, when a  person is arrested, he or  she is                 
  brought before  the court  and either  held in  jail pending                 
  trial  or  released.    In  most  instances  defendants  are                 
  released, and  conditions such  as a  monetary bail  amount,                 
  custody  arrangement,  etc. are  placed  upon that  release.                 
  Individuals remain under release until trial and conviction.                 
  The state is finding that many defendants violate conditions                 
  of  release,  and it  often takes  days  to bring  them back                 
  before the court  and to  get them into  custody.   Further,                 
  defendants  are often  again  released under  more stringent                 
  conditions.                                                                  
                                                                               
  The  proposed  bill deals  with  immediate  intervention for                 
  violation of release conditions involving domestic violence,                 
  rape, sexual abuse, and assault cases.  Senator Rieger noted                 
  carefully crafted language at  page 2 and raised  a question                 
  concerning  need  for  specific  rather  than  more  general                 
  language.  Ms. Knuth pointed to language at page 3 and noted                 
                                                                               
                                                                               
  that in all instances of rape or sexual assault, it does not                 
  matter whether the defendant and  victim have a relationship                 
  or not.   Language at page  2, regarding felony assault  and                 
  the  relationship  between  the  defendant  and  victim   is                 
  intended  to balance  the defendant's  freedom again  public                 
  safety  interests in immediately bringing the defendant back                 
  before the  court through  a warrantless  arrest.   Specific                 
  language attempts  to achieve  that balance  by saying  that                 
  when the defendant knows the victim  in an assault or sexual                 
  abuse case, concern for the victim and protection of society                 
  outweigh the defendant's liberty interests.                                  
                                                                               
  JAYNE ANDREEN voiced support for the legislation.  She  said                 
  that the bill targets  the types of crime that  involve both                 
  violence and the threat of  violence.  Victims may presently                 
  obtain a  civil,  temporary restraining  order  against  the                 
  perpetrator.   Violation  of  that  order entails  immediate                 
  arrest.    Under  current criminal  law,  those  who violate                 
  conditions of release  cannot be so  readily arrested.   Ms.                 
  Andreen stressed that in instances  of domestic violence and                 
  stalking,  if  the  system works  very  quickly,  chances of                 
  recidivism are lowered.                                                      
                                                                               
  In response to a question from Senator Kerttula, Ms. Andreen                 
  voiced her understanding  that the idea behind  the proposed                 
  bill responds to a request from Alaska judges.  ART SNOWDEN,                 
  Administrative Director,  Alaska Court System,  advised that                 
  the court system has no objection to the bill.                               
                                                                               
  Senator Kerttula MOVED that SB 350 pass  from committee with                 
  individual  recommendations.    No   objection  having  been                 
  raised, SB 350  was REPORTED OUT  of committee with a  $11.3                 
  fiscal note  from the  Dept. of  Corrections and  zero notes                 
  from the Dept. of Law, Dept. of  Public Safety, and Dept. of                 
  Administration  (one  each from  both  the Office  of Public                 
  Advocacy  and  the  Public Defender  Agency).    All members                 
  present  signed  the  committee  report  with  a  "do  pass"                 
  recommendation.  (Senator Jacko was  absent from the meeting                 
  and did not sign.)