Legislature(2005 - 2006)BUTROVICH 205

02/28/2006 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SJR 20 CONST. AM: BENEFITS & MARRIAGE TELECONFERENCED
Heard & Held
*+ SB 284 SENTENCING FOR ALCOHOL-RELATED CRIMES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 216 BAIL RESTRICTIONS
Heard & Held
= SB 222 PROTECTION OF PERSONAL INFORMATION
Heard & Held
                    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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