SB 268 PRETRIAL RELEASE FOR DRUG OFFENSES  MARY HUGHES, representing the Municipality of Anchorage, stated Senator Leman received letters supporting SB 268 from the MOA and Anchorage Police Department. SB 268 provides a checklist for conditions to grant bail in drug and alcohol cases. In Anchorage drug dealers are continually picked up by police but are back selling drugs in the same location within a period of hours because it is too easy to get out on bail. Police have re-arrested people before they've gone to trial for the first offense. The Deputy Attorney General sent out a notice to all criminal division lawyers on January 24, indicating that specific bail conditions were to be requested by the state. She applauded Ms. Otto's efforts, but the MOA would like those conditions placed in statute to provide uniformity. Number 188 SENATOR TAYLOR questioned the constitutionality of requiring a person alleged to have committed an offense to engage in drug screening and counseling as a condition of bail. JOHN SALEMI, Alaska Public Defender Agency, agreed constitutional questions may exist. He commented if a judge were to impose treatment as a condition of release that would cut against the presumption of innocence. Second, when a person enters treatment, he/she has to divulge information about drug use, which would be in conflict with the person's right to remain silent or to not give self-incriminating testimony. He did not believe that changing the bail statute will change the way in which drug trade is carried on in a community. An area restriction will only force a dealer to move to a different area. He warned against micro-managing the criminal justice system by making statutory changes and suggested providing judges with training at a judicial conference or establishing new bail conditions through an administrative approach. SENATOR TAYLOR announced a quorum was present, and had been for most of the previous testimony. SB 268 PRETRIAL RELEASE FOR DRUG OFFENSES  BOB BAILEY, a member of the Anchorage Chamber of Commerce Board of Directors and Co-Chair of the Chamber's Crime Prevention Board, testified SB 268 is part of the Crime Prevention Board's legislative package. Downtown businesses in Anchorage see the result daily of the "catch and release" problem with drug dealers, who are arrested but out on the streets within hours selling drugs again. SB 268 provides police with a tool to keep drug dealers away from the area where they sell drugs. ANNE CARPENETI, representing the Department of Law, discussed DOL's concerns with SB 268. Although DOL agrees the bail conditions listed in the bill are good, and are routinely asked for along with additional conditions in drug and alcohol cases, it is concerned about embodying conditions in statute as it may imply to the court that only those conditions are to be met. DOL is also concerned about creating statutory bail conditions for particular offenses. Current bail statutes apply across a broad range of offenses. Number 306 SENATOR ELLIS asked if DOL is concerned that a person might appeal a conviction, or the conditions of release, based on the fact that an additional condition was not in statute. MS. CARPENETI clarified DOL is concerned that if SB 268 passes, a prosecutor might not be able to convince a judge to impose other conditions that are appropriate to a particular case. SENATOR TAYLOR agreed placing the conditions in statute may limit the judge, but noted there is a high level of frustration with the lack of adequate bail conditions required of this class of offenders. Last year the committee heard a bill to prevent a second time drug offender from being granted bail, but the constitutional ramifications were significant. MS. CARPENETI offered to provide committee members with the list of conditions requested in every drug and alcohol bootlegging case, which is more extensive than what is contained in SB 268. DOL is in the process of working with the court in Anchorage to develop a checklist. SENATOR ADAMS suggested adding the other conditions requested by DOL to SB 268. He questioned whether SB 268 attempts to fix a problem that doesn't exist, and instead ties a judge's hands. Number 337 SENATOR MILLER asked whether the "catch and release" problem does exist, and asked DOL for alternatives to fix the problem. MS. CARPENETI replied DOL is working with district court judges on the conditions it is asking for, and is hoping to come to a resolution and develop forms. SB 268 does not require any conditions be imposed, it is discretionary. MARY VOLLENDORF, staff to Senator Leman, sponsor of SB 268, questioned whether a judge has more authority to require conditions if they are set out in statute, as opposed to a policy directive. SENATOR TAYLOR responded there is no weight gained by placing the conditions in statute, and by listing them, the legislature may be excluding some conditions judges would be willing to consider. The bill may preclude the judge from using a new or unique bail condition. He used the analogy of DWI offenses, which carry a one- year prison sentence and $5,000 fine as a maximum penalty. The minimum mandatory sentence is three days in jail which is what judges usually impose no matter what the conditions. He echoed DOL's concern that the minimum sentence is an easy pattern for a judge to drop into. SENATOR TAYLOR announced SB 268 would be held in committee for a few days to give Senator Leman's staff and DOL the opportunity to reconsider the legislation.