SB 268 PRETRIAL RELEASE FOR DRUG OFFENSES  LAURIE OTTO, representing the Department of Law (DOL), addressed the proposed committee substitute. DOL feels the committee substitute strengthens the bill and more closely parallels the conditions of release currently requested by the department. Referring to item (4) on page 2, Ms. Otto noted current bail condition language states, "to not have in the defendant's possession or control, ..." which she believes is stronger language. Similarly, on line 31, page 2, DOL would prefer the language, "to not have a firearm or a knife in the defendant's possession or control." A current bail provision prohibits the defendant from having any weapon, including a firearm or knife, to prevent drug offenders from being armed when out on bail. SENATOR TAYLOR and MS. OTTO discussed the semantic problem of including the word "knife" since a knife is an ordinary household item. SENATOR TAYLOR was concerned that the language be enforceable from a practical standpoint, since the defendant would be prohibited from having a knife in a vehicle or his/her residence. MS. OTTO pointed out the list of conditions currently used were developed by prosecutors in Anchorage who deal with drug offenders daily and are imposed to protect the public. MS. OTTO suggested the following changes: on page 2, line 31, and page 3, line 1: (1) to not have a firearm in the defendant's possession or control in any vehicle over which the defendant has control, or in the defendant's residence, or a knife on the defendant's person; and on page 3, line 5: (13) to not engage in any conduct or to refrain from any conduct that the court considers reasonably necessary to protect the public, and to assure the appearance of the person in court. Number 132 MS. OTTO offered two other amendments to CSSB 268. On page 3, lines 2-3 and 15-19 require the defendant to attend drug, alcohol, or personal counseling as conditions of bail. That condition is similar to a condition contained in a domestic violence bail condition statute and when imposed has resulted in court appeals based on Fifth Amendment rights. DOL has, as a matter of policy, asked prosecutors not to request that condition because of the constitutional problem of requiring the defendant to confess to conduct that he/she has not been convicted of. DOL has spent considerable time in the last year reviewing appropriate conditions for domestic violence cases because the current conditions in statute are inadequate. She asked the committee to consider amending the domestic violence statute to fix it, rather than to include the same problematic conditions in a new bill. SENATOR TAYLOR asked Ms. Otto to submit suggested language to committee staff so that the proposed committee substitute could be redrafted. Number 217 SENATOR ADAMS inquired whether Section 2 of the proposed CSSB 268 coincides with the Governor's domestic violence legislation. MS. OTTO clarified she is requesting the committee to add the domestic violence bail conditions from the Governor's bill to CSSB 268. MS. OTTO acknowledged DOL supports CSSB 268 and appreciates the sponsor's willingness to work with department staff. SENATOR TAYLOR noted his continuing concern that by specifying bail conditions in statute, the legislation might imply to the court the list is complete or final. MS. OTTO observed DOL shares that concern, especially in light of the fact that the department is currently receiving the bail conditions it has requested. The broader concern is that three classes of offenses will have been designated in statute for which specific bail conditions apply. The court may interpret that specification to mean the same conditions do not apply to other offenses by omission. She interpreted the listing of conditions as the legislature's attempt to deal with specific problems identified, but in every other respect, appropriate bail conditions are left to the court's discretion for offenses other than those in CSSB 268. Number 268 SENATOR GREEN questioned whether other statutory language addresses weapons in a more general way than just firearms or knives. MS. OTTO replied bail conditions are not normally specified in statute; conditions are usually tailored, by the court, to the individual. DOL often requests, in cases where there is a risk of violence, for bail conditions that restrict an individual's access to weapons.