Legislature(2005 - 2006)BUTROVICH 205
03/01/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SJR20 | |
| SB216 | |
| SB222 | |
| SB284 | |
| SB301 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 252 | TELECONFERENCED | |
| += | SB 301 | TELECONFERENCED | |
| += | SB 249 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SJR 20 | ||
| = | SB 216 | ||
| = | SB 222 | ||
| = | SB 284 | ||
SB 216-BAIL RESTRICTIONS
9:21:12 AM
CHAIR RALPH SEEKINS announced SB 216 to be up for consideration.
SENATOR CHARLIE HUGGINS spoke approval of the amendment offered
by Senator French the previous day.
SENATOR HOLLIS FRENCH moved Amendment 2.
24-LS1300\F.1
Luckhaupt
A M E N D M E N T 2
OFFERED IN THE SENATE BY SENATOR FRENCH
TO: CSSB 216( ), Draft Version "F"
Page 1, lines 3 - 4:
Delete all material and insert:
"* Section 1. AS 11.56.310(a) is amended to read:
(a) One commits the crime of escape in the second
degree if, without lawful authority, one
(1) removes oneself from
(A) a correctional facility while under
official detention;
(B) official detention for a felony or for
extradition; or
(C) official detention and, during the
escape or at any time before being restored to
official detention, one possesses on or about oneself
a firearm;
(2) violates AS 11.56.335 or 11.56.340
[AS 11.56.340] and, during the time of the unlawful evasion
or at any time before being restored to official detention,
one possesses on or about oneself a firearm; or
(3) removes, tampers with, or disables the
electronic monitoring equipment, or leaves one's residence
or other place designated by the commissioner of
corrections for the service by electronic monitoring of
official detention for a felony.
* Sec. 2. AS 11.56.320(a) is amended to read:
(a) One commits the crime of escape in the third
degree if one
(1) removes oneself from official detention
during any lawful movement or activity incident to
confinement within a correctional facility for a
misdemeanor; or
(2) violates AS 11.56.335 or 11.56.340
[AS 11.56.340] and leaves or attempts to leave the state.
* Sec. 3. AS 11.56 is amended by adding a new section to
read:
Sec. 11.56.335. Unlawful evasion in the first degree.
(a) A person commits the crime of unlawful evasion in the
first degree if, while charged with or convicted of a
felony,
(1) the person fails to return to official
detention within the time authorized following temporary
leave granted for a specific purpose or limited period,
including leave granted under AS 33.30.181; or
(2) while on furlough under AS 33.30.101 -
33.30.131, the person fails to return to the place of
confinement or residence within the time authorized by
those having direct supervision.
(b) Unlawful evasion is a class C felony.
* Sec. 4. AS 11.56.340(a) is amended to read:
(a) A person commits the crime of unlawful evasion in
the second degree if, while charged with or convicted of a
[FELONY OR A] misdemeanor,
(1) the person fails to return to official
detention within the time authorized following temporary
leave granted for a specific purpose or limited period,
including leave granted under AS 33.30.181; or
(2) while on furlough under AS 33.30.101 -
33.30.131, the person fails to return to the place of
confinement or residence within the time authorized by
those having direct supervision."
Renumber the following bill sections accordingly.
Page 1, following line 12:
Insert a new bill section to read:
"* Sec. 6. AS 33.30.141(b) is amended to read:
(b) The failure of a prisoner on a furlough to
return to the place of confinement or
residence within the time specified by those
having direct supervision over the prisoner
is an unlawful evasion under AS 11.56.335 or
11.56.340 [AS 11.56.340]."
(c)
Renumber the following bill section accordingly.
CHAIR SEEKINS objected for explanation.
SENATOR FRENCH explained the amendment would establish two
classes of unlawful evasion. Unlawful evasion in the first
degree would be that which occurs when a person is being held on
a felony charge. Unlawful evasion in the second degree would be
that which occurs when a person is being held on a misdemeanor
charge. There is a reference on the bottom of page 2 to explain
what would happen to a prisoner who does not come back from a
furlough.
9:23:52 AM
SUSAN PARKES, Deputy Attorney General, Department of Law (DOL),
said she supports Amendment 2 but noted Section 4 amends the
current unlawful evasion but it doesn't change the title of the
crime. She said the title of the crime needed to be changed so
that it reads "unlawful evasion in the second degree."
SENATOR GENE THERRIAULT moved an amendment to Amendment 2.
Conceptually insert the suggested title for Section 4.
9:25:46 AM
Hearing no objections, the conceptual amendment to Amendment 2
was adopted.
CHAIR SEEKINS removed his objection.
9:26:14 AM
Hearing no further objections, Amendment 2 was adopted.
SENATOR THERRIAULT pointed out that the Department of
Corrections would be expected to handle more escorts and asked
Ms. Parker the reason for the zero fiscal notes.
PORTIA PARKER, Deputy Commissioner, Department of Corrections
(DOC) said they have very few escorting situations and the DOC
does them already. Also when the DOC performs the escorts, the
offender or the offender's family pays for it in advance.
SENATOR THERRIAULT asked for clarification whether the DOC would
be offering drug and alcohol treatment on site.
MS. PARKER said they accommodate the provider to come into the
facility to do the assessment.
SENATOR HUGGINS moved CSSB 216(JUD) out of committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
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