SB 166-AUTHORITY OF PRETRIAL SERVICES OFFICERS  3:33:25 PM CHAIR REVAK announced the consideration of SENATE BILL NO. 166, "An Act amending the authority of pretrial services officers to file charges, make a warrantless arrest, or request the court to issue a warrant for arrest for escape in the third degree; and providing for an effective date." He invited Ms. Winkelman to present the bill. 3:34:21 PM JENNIFER WINKELMAN, Acting Deputy Commissioner, Department of Corrections, Juneau, Alaska, introduced SB 166 reading from the following prepared statement: Good afternoon Mr. Chairman and members of the Senate State Affairs Committee. For the record, my name is Jennifer Winkelman, Acting Deputy Commissioner for the Department of Corrections. Here with me today are Kelly Howell, Special Assistant/Legislative Liaison for the Department of Corrections, who will provide a sectional analysis of the bill, and Kaci Schroeder, Assistant Attorney General with the Department of Law, who is available to answer any legal questions associated with the bill. Thank you for the opportunity to appear before you today to introduce Senate Bill 166, an Act amending the authority of pretrial services officers to file charges, make a warrantless arrest, or request the court to issue a warrant for arrest for escape in the third degree, and providing for an effective date. Under current law, pretrial services officers may only arrest, file criminal charges, or request a warrant when a person violates a condition of pretrial release under AS 11.56.757 or fails to appear for a court hearing under AS 11.56.730. Under HB 49 one commits the crime of escape in the third degree if, while on release the person removes, tampers with, or disables electronic monitoring equipment or without prior authorization leaves one's residence or other place designated by a judicial officer as a condition of release. Because pretrial officers are unable to arrest, file charges, or request warrants for this offense, they must notify law enforcement or a prosecutor who must then gather the information from the pretrial services officer in order to file charges or request a warrant. Aside from violations of conditions of release and failure to appear, pretrial officers do not have arrest authority for Title 11 offenses. Pretrial services officers draw their arrest authority from Title 33. By amending Title 33, Senate Bill 166 grants pretrial services officers the authority to affect an arrest on an individual they are responsible for supervising. This will streamline the criminal justice process in regard to these cases. We appreciate the opportunity to present Senate Bill 166 today and request your prompt and favorable action on this bill. Thank you. 3:36:41 PM KELLY HOWELL, Special Assistant and Legislative Liaison, Department of Corrections, Juneau, Alaska, read the following sectional analysis for SB 166. Section 1: Amends AS 33.07.030, duties of pretrial officers. Current subsection (g) establishes discretionary actions that may be taken by a pretrial services officer including establishing circumstances when a pretrial services officer may make an arrest or request the court to issue a warrant. This amendment would add escape in the third degree (AS 11.56.320) as an offense that permits a pretrial services officer to file a complaint with the court seeking arrest or issuance of a warrant. Section 2: Establishes an immediate effective date. MS. HOWELL noted that two zero fiscal notes are attached to the legislation. 3:37:37 PM SENATOR COGHILL asked for an explanation of AS 11.56.320. MS. WINKELMAN replied it is escape in the third degree. SENATOR KAWASAKI asked for a description of escape in the third degree. MS. WINKELMAN read the statute: Sec. 11.56.320. Escape in the third degree.  (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; (2) violates AS 11.56.335 or 11.56.340 and leaves or attempts to leave the state; (3) while under official detention for a misdemeanor, (A) removes, tampers with, or disables the electronic monitoring equipment; or (B) without prior authorization, leaves one's residence or other place designated by the commissioner of corrections or the commissioner of health and social services for service by electronic monitoring; or 3:39:20 PM MS. WINKELMAN explained that subsection (a)(4) relating to electronic monitoring is the important provision for SB 166. AS 12.30 relates to release while on pretrial service supervision. (4) while on release under AS 12.30, (A) removes, tampers with, or disables the electronic monitoring equipment; or (B) without prior authorization, leaves one's residence or other place designated by a judicial officer as a condition of release. SENATOR KAWASAKI asked her to read the last citation under AS 12.30. MS. WINKELMAN read, "without prior authorization, leaves one's residence or other place designated by a judicial officer as a condition of release." SENATOR KAWASAKI posed a hypothetical situation of a person at NorthStar Center in Fairbanks who is on work release but does not return to the center after work. He asked if that would qualify. MS. WINKELMAN clarified that the provision was specifically for individuals who are placed on pretrial services as a condition of bail. She deferred to Ms. Schroeder to discuss escape from a halfway house. SENATOR COGHILL asked what the most common problems have been. MS. WINKELMAN replied SB 166 will streamline the process when somebody tampers with or deactivates their electronic monitoring device. Should the bill pass, the pretrial service officer would make an arrest for violating conditions of release and then put the paperwork forward for the Court System to review. Under the current process, the pretrial service officer arrests the individual for violating conditions of release and flags sentences in the complaint that state what the behavior was so the prosecutor can screen for escape in the third degree. She reminded the members that House Bill 49 made tampering with or deactivating an electronic monitoring device the crime of escape in the third degree but pretrial service officers only have arresting authority for violating conditions of release. 3:42:04 PM SENATOR COGHILL commented that the assumption must be that the individual is already under supervision, which is why the arrest may be warrantless. "If this goes into law, it would be much easier because of the assumption of their conditions?" MS. WINKELMAN replied it is not necessarily because the arrest may be warrantless. The pretrial service officer will still file the complaint for violating conditions of release. It is because of the threshold of escape in the third degree and the fact that the officers do not have that arresting authority. Currently, officers arrest for violating conditions of release and either the prosecution or local law enforcement must screen the complaint for escape in the third degree, which adds an additional step. SENATOR COGHILL said it is that HB 49 increased the penalty so a warrant is required. MS. WINKELMAN explained that HB 49 made tampering with or deactivating an electronic monitoring device while under pretrial release a crime of escape in the third degree. SENATOR REVAK asked how often and in what regions this occurs. MS. WINKELMAN replied that a quick poll of three locations since House Bill 49 became effective showed there were 13 cases in Juneau and Fairbanks and 23 cases in Anchorage. By comparison, there were about 33 of these cases in Anchorage the 6 months prior to the effective date. 3:44:38 PM SENATOR REVAK opened public testimony on SB 166. Finding none, he closed public testimony saying he would open it again when the bill was scheduled in the future. He noted that SB 166 has two zero fiscal notes. SB 166 was held in committee for future consideration.