HB 296-ESCAPE/SERVICE ON PRISONERS/MONITORING  10:24:07 AM CHAIR FRENCH announced the consideration of HB 296, "An Act relating to service of process on prisoners; relating to the crime of escape; deleting the repeal of a provision relating to electronic monitoring as a special condition of probation and parole for offenders whose offense was related to a criminal street gang; amending Rule 4, Alaska Rules of Civil Procedure; and providing for an effective date." He asked for a motion to bring the bill before the committee. SENATOR WIELECHOWSKI motioned to bring CS for HB 296(JUD) before the committee. 10:25:13 AM ANNE CARPENETI, Assistant Attorney General representing the Criminal Division, Department of Law (DOL), introduced HB 296 on behalf of the sponsor, the House Judiciary Committee. She explained that the bill addresses an issue that arose in the court case Bridge v. State. Mr. Bridge walked away from the unsecured halfway house, Northstar Center, while awaiting trial on a class B misdemeanor charge. The Alaska Court of Appeals held that Northstar Center did not qualify as a correctional center and that the class B felony offense of escape in the second degree should not apply in that circumstance. HB 296 reflects that decision and provides that a person charged with a misdemeanor who walks away from a non-secure facility be subject to prosecution of a misdemeanor offense. She said the bill defines "secure correctional facility" only for purposes of the escape law. She noted two other changes. Section 1 cross references the definition of correctional facility in Title 33 and clarifies that the superintendent can deliver process to a person who is incarcerated. Section 4 deletes the repeal of a provision relating to electronic monitoring of gang members under certain circumstances. 10:29:17 AM CHAIR FRENCH asked what the bill does to tie the definition of "correctional facility" under AS 09.05.050 to the definition under AS 33.30.901. MS. CARPENETTI replied it's strictly for civil process; it clarifies that a superintendent of a jail can accept service and deliver it to an inmate. CHAIR FRENCH asked if prisoners in Alaska are housed in facilities other than prisons, jails, halfway houses, and by electronic monitoring. MS. CARPENETI deferred to Ms. Gutierrez. 10:31:17 AM CARMEN GUTIERREZ, Deputy Commissioner, Department of Corrections (DOC), confirmed that those were the forms of detention and that the bill addresses prisons and jails. CHAIR FRENCH observed that the bill clarifies that it's a class B felony to escape from a prison or jail while under official detention for a misdemeanor. MS. GUTIERREZ confirmed that under this provision a misdemeanant escaping from a secure correctional facility would be prosecuted for a class B felony offense. A felon residing in a community residential center who walks away will be prosecuted for a class C felony offense. She explained that the bill intends to align the statutory language with Bridge v. State; a misdemeanant offender who walks away from a community residential center will be prosecuted as a class A misdemeanor. 10:33:36 AM CHAIR FRENCH asked Ms. Carpeneti to repeat the explanation of repealing the repealer in Section 4. MS. CARPENETTI explained that legislation was enacted in 2007 to allow electronic monitoring of gang members under certain circumstances. That bill had a self-enforcing repealer section dated 12/31/2012. The assumption is that the repealer is being repealed because that method of control has been helpful. 10:35:07 AM SENATOR WIELECHOWSKI reported that that was his bill and the repealer was added to provide an opportunity to test the method. He said he was pleased that it was being put back in. CHAIR FRENCH asked what the Department of Correction's experience has been with electronic monitoring of gang members. MS. GUTIERREZ replied it has been a beneficial tool. CHAIR FRENCH asked if the committee should be aware of any particular instance of a gang member on electronic monitoring. MS. GUTIERREZ said no; DOC uses electronic monitoring as an added control method of monitoring gang members who have been released on probation after having served their sentence. 10:36:18 AM DOUGLAS MOODY, Attorney, Public Defender Agency, Department of Administration (DOA), offered to answer questions. CHAIR FRENCH asked if HB 296 fixes the problems that arose in Bridge v. State. MR. MOODY said yes; it aligns the current statutory scheme with the decision. 10:37:16 AM CHAIR FRENCH closed public testimony and asked the will of the committee. 10:37:20 AM SENATOR WIELECHOWSKI moved to report CS for HB 296 from committee with individual recommendations and attached fiscal note(s). CHAIR FRENCH announced that without objection, CSHB 296(JUD) moved from the Senate Judiciary Standing Committee.