Legislature(2005 - 2006)SENATE FINANCE 532
03/07/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB232 | |
| SB216 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 232 | TELECONFERENCED | |
| += | SB 264 | TELECONFERENCED | |
| + | SB 216 | TELECONFERENCED | |
| + | TELECONFERENCED |
9:57:22 AM CS FOR SENATE BILL NO. 216(JUD) "An Act relating to bail and unlawful evasion; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. SENATOR CHARLIE HUGGINS, co-sponsor of the bill with Co-Chair Green, presented the bill. He read from a statement, "nothing in this chapter allows a court to order [a] defendant to be released temporarily or periodically either before or after conviction." Media accounts relay incidents that occur nationwide of a person unable to make bail, yet able to leave custody and not return. Senator Huggins told of a recent situation in which an inmate secured temporary release from custody for the purpose of donating a kidney to his son. The father instead fled to Mexico and the son is still in need of a transplant. Senator Huggins asserted that the incarcerated people of today have "many schemes" that are well beyond the sophistication of the "older system" that "essentially opens the gates either way for them to come or go and they've abused that." 9:59:15 AM JOSH TEMPEL, Staff to Senator Huggins, testified this bill was conceived because of the abuse of loopholes in the judicial system. As an example, a judge released an inmate in October 2005 temporarily into his mother's custody so he could attend his father's funeral. This was despite a juvenile record with a history of escapes from custody that deemed the defendant a flight risk. Following the funeral services, the defendant removed the monitoring device attached around his ankle and fled. When finally apprehended, his hair was dyed a different color, he was babysitting a child and he was in possession of two stolen pistols. Mr. Tempel stated that this legislation would close the loopholes. It would eliminate temporary releases, and make any "extenuating circumstances" the responsibility of the Department of Corrections. It would classify the offense of unlawful evasion as a felony for those initially charged with a felony and a misdemeanor offense for those initially charged with a misdemeanor. This would apply to offenders who escape from temporary release. He gave as example an inmate at a halfway house facility who fails to return from an excused outing. 10:01:29 AM Mr. Tempel emphasized the aforementioned situation was not the only instance of inmates granted temporary release failing to return to custody. Three additional such escapes occurred during October 2005. Until the practice was eliminated in the Fairbanks area, approximately half of the inmates granted temporary release did not return voluntarily. 10:01:59 AM Co-Chair Green noted that Section 3 of the bill contains this new provision. The remaining bill sections amend existing statute to comply with it. Co-Chair Green asked about legitimate requests for temporary release and whether the procedure to obtain this permission would change. 10:02:43 AM Mr. Tempel responded that a judge would no longer have authority to grant a temporary release. An inmate could however, obtain permission from the Department of Corrections for an escorted release to attend a funeral or for other reasons. 10:03:20 AM Senator Huggins furthered that language is Section 5 provides that the court could not issue an order for temporary release of an inmate either before or after conviction. This legislation transfers the authority from the court to the "professionals". 10:04:06 AM Senator Huggins indicated that the affected laws are also referred to as the "bail statute". 10:04:33 AM Senator Hoffman asked if the affected laws contain the provisions that allow inmates to attend family funerals. Senator Huggins affirmed. Senator Hoffman asked if this legislation would eliminate this practice. Senator Huggins corrected that it would "be a major tightening and the decision authority would then rest with the Department of Corrections." Greater emphasis would be placed on supervision. Co-Chair Green assured this legislation would not prohibit attendance of funerals or other important events. Senator Hoffman clarified that the inmate could still attend funerals if escorted by the Department of Corrections. 10:05:19 AM Senator Dyson stated that escorted releases would incur costs. He asked if current law includes a provision to allow the perpetrator to share the expense. 10:05:38 AM Senator Huggins replied that the family could assist in paying a portion of the cost. 10:05:51 AM Senator Stedman noted the earlier reference to inmates in halfway houses who fail to return from approved outings. He asked if a felony charge would automatically be levied. 10:06:13 AM Mr. Tempel clarified that the charge would not automatically be a felony; rather it would reflect whether the original charge is a felony or misdemeanor. If an inmate was awaiting trail, sentencing or was serving time for a felony offense and left custody, a felony charge would apply. If the initial arrest or sentencing was for a misdemeanor offense, the unlawful evasion charge would be a misdemeanor. Mr. Tempel informed that currently, unlawful evasion is classified as a misdemeanor regardless of the severity of the original charges. It does not provide sufficient deterrence for felony offenders. 10:06:46 AM Senator Huggins inserted that this issue had been discussed extensively and the original bill was amended, as it would have classified unlawful evasion as a felony in all instances. 10:07:13 AM Senator Stedman posed a scenario of a person charged with two felony crimes who then unlawfully left custody and was charged with a third felony. He asked if under the sentencing guidelines, if this offender would subsequently be incarcerated for life. 10:07:55 AM SUSAN PARKS, Deputy Attorney General, Criminal Division, Department of Law, testified that the statutes pertaining to escape and unlawful evasion are complicated. This bill addresses the practice of temporary release from custody, which differs from instances in which an inmate unlawfully leaves custody. Current statute treats the offense of failing to return from a temporary custody release less severely than the offense of leaving custody without permission. Ms. Parks addressed Senator Stedman's question, informing that under this legislation, a person charged with a felony offense who unlawfully left custody would be charged with an additional felony and would be subject to the appropriate sentencing guidelines. 10:10:05 AM Co-Chair Green commented on the potential seriousness of offenders failing to return from temporary release. The aforementioned situation that occurred in the Mat-Su Valley involved a person who allegedly committed "all sorts of wrongdoing" during the time he was at large. 10:10:22 AM Senator Dyson asked if the intent is to preclude judges from making "inappropriate" decisions by implementing more stringent statues, rather than getting judges to practice better common sense. 10:11:18 AM PORTIA PARKER, Deputy Commissioner, Department of Corrections, testified that the problem is larger than the reported incident. The Department has been dealing with instances of unlawful evasion from temporary release from custody for many years. Most involve temporary releases granted for assessments and medical treatment. The Fairbanks correctional facilities have experienced a 50 percent failure to return rate. When these inmates are returned to custody, most are under the influence of alcohol or drugs. The entire booking process must be repeated in these instances, including medical examinations. A substance abuse counselor has advised that temporary releases are not beneficial to offenders, as the temptations are high and relapses delay recovery. Ms. Parker furthered that if serious felony charges were pending, another misdemeanor charge levied for unlawful evasion would be insignificant and not a deterrent. 10:13:43 AM Senator Dyson again asked if the problem is due to a lack of judgment or inadequacies in statute. 10:14:04 AM Ms. Parker found no justification for temporary releases. 10:14:39 AM DOUG WOOLIVER, Administrative Attorney, Alaska Court System, presented himself to respond to questions. 10:14:52 AM Senator Dyson asked if judges "need the support" of tighter statutes, as proposed in this bill. 10:15:03 AM Mr. Wooliver testified that the Alaska Court System generally does not take a position on the merits of legislation. Judges disagree amongst themselves on many matters before the legislature. The Court's only concern with this bill is whether it would impact the therapeutic courts and the acceptance of defendants into those courts. This bill would not have a significant impact on therapeutic courts. Mr. Wooliver noted that the bill sponsors have been made aware of potential implications for defendants entering residential treatment facilities. Mr. Wooliver could not advise whether this bill was a "good idea" or not. 10:16:01 AM Co-Chair Green asked about procedural changes for a person incarcerated who requests a temporary release. 10:16:31 AM Ms. Parker explained this legislation would not affect how a judge assigns bail. A judge could reduce or eliminate bail to allow a defendant to secure release. If a judge chose to not reduce or eliminate bail and an inmate had reason to leave the facility, that inmate could be transported to and from the event under correctional officer escort. The inmate would remain in custody. 10:17:46 AM Senator Stedman expressed concern about the cost of the escorted transport outside correctional facilities. He acknowledged the potential benefits of the added deterrence against leaving custody, and the subsequent costs associated with that offense. Society could benefit from the implementation of this legislation. 10:18:28 AM Ms. Parker informed that the inmate or family of the inmate pays the cost of escorted visits before they occur. Most temporary releases are not issued for family or medical emergencies. Rather the majority are issues for assessments of the defendant in which releases are unnecessary. Implementation of this bill should have little fiscal impact. 10:19:31 AM Senator Huggins shared concerns voiced by his constituents and other Alaskan residents about the public risk of providing certain offenders with a "swinging door" to commit additional crimes. These individuals are dangerous and beyond the intent of the current judicial system. 10:20:53 AM Co-Chair Green announced she had additional questions regarding this legislation. Co-Chair Green ordered the bill HELD in Committee.
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