SB 228 - NO BAIL FOR FELONS W/PREVIOUS CONVICTIONS Co-chair Pearce directed that SB 228 be brought on for discussion. SENATOR SALO, sponsor of the legislation, explained that current statutes allow for denial of bail for unclassified or class A felonies. The proposed bill would add sexual assault and sexual abuse of a minor to the list of crimes for which bail is denied. Senator Salo referenced an incident in her district involving a man convicted of a long list of violent crimes (including three rapes) who was tried, convicted, and sentenced on felony drug possession but released on $5,000 bail pending appeal. While on bail, the offender violently sexually assaulted two more women. The proposed bill would prevent that from happening in the future. Co-chair Pearce referenced the accompanying zero fiscal notes and pointed specifically to assumptions associated with the Dept. of Corrections note that time served in custody prior to sentencing counts as time served on the sentence. Total time served and the cost will remain the same whether or not it is interrupted or delayed by bail. Senator Jacko pointed to page 2, line 4, and inquired concerning the statutory citations. Senator Salo explained that AS 11.41.260 relates to stalking, a class B felony; AS 11.41.420 is sexual assault in the second degree, a class B felony; AS 11.41.425 is sexual assault in the third degree, a class C felony; AS 11.41.436 and AS 11.41.438 relate to sexual abuse of a minor in the second and third degree-- class B and C felonies. Bail is presently allowed for those categories although it is not allowed for class A or unclassified felonies. Senator Kerttula took exception to the zero fiscal notes. He advised that while he supports the bill, it is not good policy to fail to reflect actual costs on fiscal notes. Senator Salo noted that a convicted criminal, such as the individual earlier cited, in most instances, would not be released on bail. The latitude for release remains, however. It should be extinguished. Co-chair Pearce called for additional testimony on the bill. None was forthcoming. Senator Rieger MOVED that SB 228 pass from committee with individual recommendations. No objection having been raised, SB 228 was REPORTED OUT of committee with zero fiscal notes from the Dept. of Corrections, Dept. of Law, Dept. of Public Safety, Dept. of Administration (PDA), and Dept. of Administration (OPA). All members present signed the committee report with a "do pass" recommendation. Co- chair Frank and Senator Kerttula were absent from the meeting and did not sign the report.