SB 216-BAIL RESTRICTIONS  9:16:44 AM CHAIR RALPH SEEKINS announced SB 216 to be up for consideration. SENATOR CHARLIE HUGGINS reminded the committee that previous bill hearing lacked the testimony of Portia Parker and Susan Parkes. He called them both to the witness stand. 9:17:27 AM SUSAN PARKES, Deputy Attorney General, Department of Law (DOL), and PORTIA PARKER, Deputy Commissioner, Department of Corrections (DOC), introduced themselves for the record. SENATOR HUGGINS asked Ms. Parkes to advise the committee of the reason SB 216 was on the docket. MS. PARKES said it was due to publicity that surrounded a notorious incident of a temporary release in Palmer. Under the current statute, a judge temporarily reduced bail, which allowed the release of a prisoner to attend a funeral. The prisoner cut off his electronic monitoring device and failed to return. It was several weeks before he was found. 9:19:29 AM SB 216 would prevent judges from ordering a temporarily bail reduction, and Section 1 would increase unlawful evasion to a class C felony. SENATOR HUGGINS noted there was more than one case in recent history that highlighted the need for the legislation. He asked Ms. Parker to comment. MS. PARKER said temporary releases are problematic for the DOC for a variety of reasons; primarily the entire booking process has to be redone. Additionally, there are the problems of offenders not returning, particularly in Fairbanks where fifty percent of all offenders do not return. From a DOC point of view, temporary releases are not necessary because there is no justification for it, either they can make bail or not. The DOC has the ability and capacity to provide an escort and transport for necessary things such as funerals and medical treatment. 9:24:07 AM MS. PARKER continued most of the temporary releases are done for substance abuse assessments. The DOC can accommodate those on site and already do. 9:25:25 AM SENATOR HUGGINS expressed support for the bill. SENATOR GENE THERRIAULT asked whether there was a reason not to have an immediate effective date. MS. PARKES said no. An immediate effective date could apply to anyone currently in the system. 9:27:27 AM SENATOR THERRIAULT moved Amendment 1. Provide for an immediate effective date. Hearing no objections, Amendment 1 was adopted. SENATOR HOLLIS FRENCH asked Ms. Parker of the fifty percent releases who did not return in Fairbanks, the number of them that were charged with a crime. MS. PARKER did not know. SENATOR FRENCH said SB 216 would make it harder to charge them with a crime because they would have to be indicted. 9:29:29 AM MS. PARKER countered SB 216 would not allow temporary releases at all. SENATOR FRENCH said it wouldn't lead to temporary releases from a court but it would lead to temporary releases from the DOC so there will still be unlawful evasions. He asked the definition of "work release." MS. PARKER responded a furlough is considered a temporary release. A furlough can be to go into a residential treatment facility or a halfway house. A furlough can be for work release as well. SENATOR FRENCH asked whether the DOC allows pre-conviction work releases. 9:31:34 AM MS. PARKER said it depends on the kind of release. SENATOR FRENCH noted when a person leaves a halfway house to go to work they would not be in custody. MS. PARKER argued they would still be incarcerated. SENATOR FRENCH countered when a person walks away from work while on release, it is unlawful evasion, but when a person leaves in the middle of the night, it is escape in the fourth degree. He said the Glenwood Center in Anchorage was a minimum- security facility that sits in the middle of town and is easy to walk away from. 9:33:04 AM MS. PARKES explained in Anchorage they have third party releases to the halfway houses, which is different than official detention. More typical of what she sees pre-trial is that the halfway house is third party and people often disappear when they are living under third party conditions. SENATOR FRENCH posed a hypothetical situation of a post- conviction person living in a halfway house on work release. If that person did not come back from work release it would be unlawful evasion and SB 216 would make that a blanket felony, whether that person was incarcerated for a misdemeanor or a felony. MS. PARKES said that is correct. SENATOR FRENCH voiced preference for making a distinction between people incarcerated for a felony and those incarcerated for a misdemeanor. He said misdemeanor offenses usually do not involve a gun or serious assault or felony DWI and would not be as serious. He offered to work with the sponsor on that point. 9:35:29 AM MS. PARKER agreed. 9:36:15 AM SENATOR GRETCHEN GUESS asked for clarification whether there were any situations where only the courts were allowed to give a temporary release where the DOC cannot. MS. PARKER said the DOC does not allow temporary releases at all for pre-trial or pre-sentence. SENATOR GUESS stated SB 216 would not allow for temporary releases but a person could still request for an escort for something that they need to do. MS. PARKER said that is correct. CHAIR SEEKINS held SB 216 in committee.