SB 216-BAIL RESTRICTIONS  9:21:12 AM CHAIR RALPH SEEKINS announced SB 216 to be up for consideration. SENATOR CHARLIE HUGGINS spoke approval of the amendment offered by Senator French the previous day. SENATOR HOLLIS FRENCH moved Amendment 2. 24-LS1300\F.1 Luckhaupt A M E N D M E N T 2 OFFERED IN THE SENATE BY SENATOR FRENCH TO: CSSB 216( ), Draft Version "F" Page 1, lines 3 - 4: Delete all material and insert:  "* Section 1. AS 11.56.310(a) is amended to read: (a) One commits the crime of escape in the second degree if, without lawful authority, one (1) removes oneself from (A) a correctional facility while under official detention; (B) official detention for a felony or for extradition; or (C) official detention and, during the escape or at any time before being restored to official detention, one possesses on or about oneself a firearm; (2) violates AS 11.56.335 or 11.56.340 [AS 11.56.340] and, during the time of the unlawful evasion or at any time before being restored to official detention, one possesses on or about oneself a firearm; or (3) removes, tampers with, or disables the electronic monitoring equipment, or leaves one's residence or other place designated by the commissioner of corrections for the service by electronic monitoring of official detention for a felony.  * Sec. 2. AS 11.56.320(a) is amended to read: (a) One commits the crime of escape in the third degree if one (1) removes oneself from official detention during any lawful movement or activity incident to confinement within a correctional facility for a misdemeanor; or (2) violates AS 11.56.335 or 11.56.340 [AS 11.56.340] and leaves or attempts to leave the state.  * Sec. 3. AS 11.56 is amended by adding a new section to read: Sec. 11.56.335. Unlawful evasion in the first degree.  (a) A person commits the crime of unlawful evasion in the first degree if, while charged with or convicted of a felony, (1) the person fails to return to official detention within the time authorized following temporary leave granted for a specific purpose or limited period, including leave granted under AS 33.30.181; or (2) while on furlough under AS 33.30.101 - 33.30.131, the person fails to return to the place of confinement or residence within the time authorized by those having direct supervision. (b) Unlawful evasion is a class C felony.  * Sec. 4. AS 11.56.340(a) is amended to read: (a) A person commits the crime of unlawful evasion in  the second degree if, while charged with or convicted of a [FELONY OR A] misdemeanor, (1) the person fails to return to official detention within the time authorized following temporary leave granted for a specific purpose or limited period, including leave granted under AS 33.30.181; or (2) while on furlough under AS 33.30.101 - 33.30.131, the person fails to return to the place of confinement or residence within the time authorized by those having direct supervision." Renumber the following bill sections accordingly. Page 1, following line 12: Insert a new bill section to read:  "* Sec. 6. AS 33.30.141(b) is amended to read: (b) The failure of a prisoner on a furlough to return to the place of confinement or residence within the time specified by those having direct supervision over the prisoner is an unlawful evasion under AS 11.56.335 or  11.56.340 [AS 11.56.340]." (c) Renumber the following bill section accordingly. CHAIR SEEKINS objected for explanation. SENATOR FRENCH explained the amendment would establish two classes of unlawful evasion. Unlawful evasion in the first degree would be that which occurs when a person is being held on a felony charge. Unlawful evasion in the second degree would be that which occurs when a person is being held on a misdemeanor charge. There is a reference on the bottom of page 2 to explain what would happen to a prisoner who does not come back from a furlough. 9:23:52 AM SUSAN PARKES, Deputy Attorney General, Department of Law (DOL), said she supports Amendment 2 but noted Section 4 amends the current unlawful evasion but it doesn't change the title of the crime. She said the title of the crime needed to be changed so that it reads "unlawful evasion in the second degree." SENATOR GENE THERRIAULT moved an amendment to Amendment 2. Conceptually insert the suggested title for Section 4. 9:25:46 AM Hearing no objections, the conceptual amendment to Amendment 2 was adopted. CHAIR SEEKINS removed his objection. 9:26:14 AM Hearing no further objections, Amendment 2 was adopted. SENATOR THERRIAULT pointed out that the Department of Corrections would be expected to handle more escorts and asked Ms. Parker the reason for the zero fiscal notes. PORTIA PARKER, Deputy Commissioner, Department of Corrections (DOC) said they have very few escorting situations and the DOC does them already. Also when the DOC performs the escorts, the offender or the offender's family pays for it in advance. SENATOR THERRIAULT asked for clarification whether the DOC would be offering drug and alcohol treatment on site. MS. PARKER said they accommodate the provider to come into the facility to do the assessment. SENATOR HUGGINS moved CSSB 216(JUD) out of committee with individual recommendations and attached fiscal notes. Hearing no objections, the motion carried.