SB 268 PRETRIAL RELEASE FOR DRUG OFFENSES  SENATOR LEMAN, sponsor of SB 268, reviewed changes made in the proposed committee substitute (version F). The changes made were suggested by the Department of Law for clarification purposes. On page 1, lines 7-9, the citations for AS 04 and AS 11 refer to violations with alcoholic beverages, controlled substances and imitation controlled substances and is catch-all language suggested by the Department of Law. Additionally, the committee substitute allows that the violator be required to submit to a search, and prohibits the violator from possessing a firearm. New section 2 adds language on lines 8-9, "...shall consider the conditions specified in AS 12.30.020..." which is consistent with language for release before trial in cases involving alcoholic beverages or controlled substances for domestic violence and stalking. It helps to clarify the intent of existing law. SENATOR MILLER moved to adopt CSSB 268 (version F) in lieu of the original bill, for purposes of discussion. SENATOR ADAMS objected, because it may limit the court system to specific bail requirements. SENATOR LEMAN explained the bill does not limit the court system; it states the court may impose conditions as it believes are necessary. SENATOR ADAMS asked what is broken that is being fixed by this legislation. SENATOR LEMAN replied the legislation unifies a policy the Department of Law wants to have. The Municipality of Anchorage has found that this policy is not applied across the board. Number 131 SENATOR GREEN questioned how the bail conditions will stop violators from reoffending. SENATOR LEMAN responded it probably will not keep violators from reoffending, but will enable police officers to apprehend those people more quickly if they return to the same area to do business. SENATOR TAYLOR stated he shares the concern that by listing bail conditions a judge will feel he/she has accomplished the intent of the law by following the list, and may overlook a request made by an investigating officer or a district attorney. SENATOR LEMAN did not disagree with that concern but repeated that item 13 on page 3 provides that the violator not engage in any conduct the court considers reasonably necessary to protect others, which allows the judge to craft bail conditions appropriate for that person. SENATOR TAYLOR adjourned the meeting at 11:00 a.m.