SB 216-BAIL RESTRICTIONS                                                                                
                                                                                                                              
10:05:27 AM                                                                                                                   
CHAIR RALPH SEEKINS announced SB 216 to be up for consideration.                                                                
                                                                                                                                
SENATOR CHARLIE HUGGINS, bill sponsor, advised the committee                                                                    
that the intent of the bill today was to hear some testimony and                                                                
then carry it over until Portia Parker and Susan Parkes were                                                                    
able to testify.                                                                                                                
                                                                                                                                
JOSH TEMPEL, Staff to Senator Huggins,  introduced the bill and                                                                 
read the sponsor statement. SB 216  would amend AS 11.56.340 by                                                                 
classifying an unlawful evasion  as a felony. It is currently a                                                                 
misdemeanor. The bill would amend AS 12.30.010 to disallow                                                                      
temporary and periodic releases. There are numerous examples of                                                                 
felons using the temporary release system to escape from                                                                        
incarceration. SB 216 would close a loophole in the judicial                                                                    
system and would help ensure the safety of all Alaskans.                                                                        
                                                                                                                                
10:08:12 AM                                                                                                                   
CHAIR SEEKINS asked for a definition of "unlawful evasion."                                                                     
                                                                                                                                
SENATOR HUGGINS  deferred to Dean  Guaneli with the  Department of                                                              
Law.                                                                                                                            
                                                                                                                                
10:09:44 AM                                                                                                                   
DEAN   GUANELI,  Chief   Assistant   Attorney  General,   Criminal                                                              
Division,  Department of  Law (DOL), informed  the committee  that                                                              
unlawful  evasion  occurs  when   someone  has  been  released  to                                                              
furlough  or a halfway  house with  a work  release provision  and                                                              
that person fails to return.                                                                                                    
                                                                                                                                
Under  Alaska law,  a person  has  a right  to have  bail set  and                                                              
judges are  required to  consider two  general factors  in setting                                                              
that bail and that  is a person's flight risk and  the danger that                                                              
the  person   poses  to  the   community.  The  statute   contains                                                              
different conditions  of release  for different offenses,  such as                                                              
alcohol and  drug offenses,  domestic violence,  and stalking,  to                                                              
name  a  few.  Judges  are  supposed   to  look  at  the  specific                                                              
circumstances  of the case  and take  them into consideration  and                                                              
they have  a wide discretion to  impose certain conditions  on the                                                              
person. Typically  they put the person  in the custody  of a third                                                              
party  and  that  custodian  has  a  legal  obligation  to  report                                                              
violations.                                                                                                                     
                                                                                                                                
10:12:55 AM                                                                                                                   
Problems arise  when judges  release people without  consideration                                                              
of all of the risks to the community.                                                                                           
                                                                                                                                
10:14:59 AM                                                                                                                   
MR. GUANELI  continued there is  currently a provision  in statute                                                              
that allows a judge  to release a person temporarily  and the bill                                                              
would repeal  that provision. Often  judges will release  a person                                                              
to the  custody of  their attorney  for the  purpose of  preparing                                                              
for a trial and that generally poses no problem.                                                                                
                                                                                                                                
10:16:48 AM                                                                                                                   
SENATOR HUGGINS  said SB 216  would tighten up the  responsibility                                                              
for the released person and for the custodian.                                                                                  
                                                                                                                                
MR. TEMPEL  added that the  Department of Corrections  would still                                                              
have  the  discretion   to  temporarily  release   a  person  from                                                              
custody.                                                                                                                        
                                                                                                                                
SENATOR HOLLIS  FRENCH asked for  the definitions of  "escape" and                                                              
"unlawful evasion."                                                                                                             
                                                                                                                                
MR. GUANELI  said there  are several  degrees of escape  depending                                                              
on  how  it  is  done.  The  highest  degree  of  escape  involves                                                              
possession of a weapon. It can happen in a variety of ways.                                                                     
                                                                                                                                
SENATOR  FRENCH   recalled  that  escape  was   "leaving  official                                                              
detention" which generally  is a prison but could  also refer to a                                                              
person  leaving when  a policeman  has put them  under arrest.  He                                                              
said it  would benefit the  committee if  they could have  a clear                                                              
definition since  they would  be making all  of those  instances a                                                              
Class C felony.                                                                                                                 
                                                                                                                                
10:20:13 AM                                                                                                                   
CHAIR SEEKINS suggested covering that at the next bill hearing.                                                                 
                                                                                                                                
SENATOR GENE  THERRIAULT moved to  report that version F  would be                                                              
the   working   document   before  the   committee.   Hearing   no                                                              
objections, the motion carried.                                                                                                 
                                                                                                                                
CHAIR SEEKINS held the bill in committee.