Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/15/2015 01:30 PM Senate JUDICIARY

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Audio Topic
01:38:02 PM Start
01:39:15 PM Confirmation Hearing: Commission on Judicial Conduct
01:49:57 PM HB11
02:09:14 PM HB15
02:49:58 PM HB75
02:58:53 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled: TELECONFERENCED
Commission on Judicial Conduct
George R. Boatright
Scheduled but Not Heard
Moved CSSSHB 11(JUD) AM Out of Committee
Heard & Held
Heard & Held
Bills Previously Heard/Scheduled
            HB  15-CREDITS FOR TIME SERVED/GOOD TIME                                                                        
2:09:14 PM                                                                                                                    
VICE CHAIR COGHILL  announced the consideration of HB 15. "An Act                                                               
relating  to  credits  toward  a  sentence  of  imprisonment  for                                                               
certain  persons under  electronic  monitoring." He  asked for  a                                                               
motion to adopt the Senate CS.                                                                                                  
At ease from 2:10 pm to 2:11 pm.                                                                                                
2:11:05 PM                                                                                                                    
SENATOR COSTELLO  motioned to  adopt the Senate  CS for  CSHB 15,                                                               
labeled 29-LS0102\X, as the working document.                                                                                   
VICE CHAIR COGHILL objected for discussion purposes.                                                                            
2:11:28 PM                                                                                                                    
GENEVIEVE WOJTUSIK,  Staff, Senator  Lesil McGuire, spoke  to the                                                               
changes  in  the Senate  CS  for  HB 15.  Version  X  adds a  new                                                               
paragraph (21) to AS 12.55.155(d)  on page 2, lines [17-20]. This                                                               
is the  content of SB  82 that  the committee heard  and reported                                                               
out.  It allows  a judge  to consider  participation in  the 24/7                                                               
sobriety  program  as   a  mitigating  factor  at   the  time  of                                                               
sentencing. The  new paragraph states  that "the defendant,  as a                                                               
condition  of   release  ordered   by  the   court,  successfully                                                               
completed  an alcohol  and sub  stance  abuse monitoring  program                                                               
established  under   AS  47.38.020."   At  the  request   of  the                                                               
Department   of  Law,   the  word   "complied"  was   changed  to                                                               
"completed" to align with language that is already in statute.                                                                  
VICE  CHAIR COGHILL  withdrew  his objection  and  version X  was                                                               
before the committee.                                                                                                           
2:13:06 PM                                                                                                                    
REPRESENTATIVE TAMMIE  WILSON, sponsor  of HB 15,  stated support                                                               
for  the Senate  CS.  She explained  that  the legislation  would                                                               
allow the  courts to grant  a defendant credit toward  a sentence                                                               
for the  time spent under  electronic monitoring. The  purpose of                                                               
the bill is  to encourage people to get help  as soon as possible                                                               
versus sitting in jail awaiting  trial. Currently private vendors                                                               
are offering electronic  monitoring in the major  cities, but she                                                               
knows  that the  Department of  Corrections would  be excited  to                                                               
enter this realm.                                                                                                               
SENATOR COSTELLO said  she appreciates the cost  savings the bill                                                               
represents. She  asked the cost of  a hard bed, the  average cost                                                               
of  residential  treatment,  and  the daily  cost  of  electronic                                                               
REPRESENTATIVE WILSON  replied the cost  of a prison bed  is $158                                                               
per day  and the  cost of electronic  monitoring in  Fairbanks is                                                               
about  $105  per  week.  Specialty   additions  such  as  alcohol                                                               
monitoring cost  more. She  didn't know  the cost  of residential                                                               
SENATOR COSTELLO asked her to  discuss the opportunity for people                                                               
to remain employed while they're on electronic monitoring.                                                                      
REPRESENTATIVE  WILSON explained  that  this allows  a person  to                                                               
remain in  the community, with certain  restrictions depending on                                                               
the  charge,  and  therefore  hold down  their  job  rather  than                                                               
sitting in jail. She cited an  example and shared that the person                                                               
said it's been  easier for him to stop drinking  because he knows                                                               
the immediate consequence if he takes a drink.                                                                                  
2:17:53 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
VICE CHAIR COGHILL  asked Commissioner Taylor if  DOC manages the                                                               
monitoring systems.                                                                                                             
RON  TAYLOR,  Commissioner,   Department  of  Corrections  (DOC),                                                               
answered  no; DOC  does not  monitor the  private companies  that                                                               
offer electronic monitoring services.                                                                                           
VICE CHAIR COGHILL  asked if DOC would be part  of the discussion                                                               
about  placing a  defendant on  electronic monitoring  instead of                                                               
sending them to jail awaiting trial.                                                                                            
COMMISSIONER   TAYLOR   replied   the  court   is   making   that                                                               
REPRESENTATIVE WILSON clarified that this  is not directed by the                                                               
court.  She explained  that when  someone is  charged, the  court                                                               
either  sets bail  or designates  a  third party  to monitor  the                                                               
defendant 24/7. The defendant would  bring the monitoring company                                                               
to  court and  request  electronic monitoring  as  a third  party                                                               
custodian. The  court would question the  vendor's representative                                                               
just as it would any third party custodian.                                                                                     
VICE CHAIR  COGHILL asked  if someone who  requests this  type of                                                               
monitoring  is  admitting guilt  or  just  precluding other  risk                                                               
tools the court would use.                                                                                                      
REPRESENTATIVE  WILSON replied  electronic monitoring  is already                                                               
being done  but no  credit is  given at  sentencing for  the time                                                               
spent under electronic monitoring.                                                                                              
VICE CHAIR COGHILL asked what happens if there's a violation.                                                                   
REPRESENTATIVE  WILSON replied  the  defendant would  go back  to                                                               
jail if they violated a  condition of release while on electronic                                                               
monitoring.  She expressed  hope that  DOC would  eventually make                                                               
use of this tool.                                                                                                               
2:23:46 PM                                                                                                                    
SENATOR WIELECHOWSKI directed  attention to page 1,  line 11, and                                                               
asked  if  the  definition  of   "criminal  offense"  includes  a                                                               
probation or parole violation.                                                                                                  
REPRESENTATIVE WILSON replied  this is just pretrial  so a person                                                               
would not be on parole or probation.                                                                                            
VICE  CHAIR COGHILL  asked Ms.  Meade to  describe how  the court                                                               
would see this option on a third party release.                                                                                 
NANCY MEADE, General Counsel,  Administrative Staff, Alaska Court                                                               
System, explained that a defendant who  has a bail condition of a                                                               
third party  custodian could use  a professional vendor  as their                                                               
third-party  custodian.  In  Anchorage,  Fairbanks,  Palmer,  and                                                               
Kenai, the defendant who has that  requirement to get out of jail                                                               
can bring the vendor's representative  and ask the judge to issue                                                               
an order approving  that company as a third  party custodian. The                                                               
order would include  conditions such using the  ankle monitor and                                                               
certain   exclusion   zones.   The    vendor   would   have   the                                                               
responsibility of reporting any  transgression to the court. They                                                               
would know that the person violated  one of the conditions set by                                                               
the  court because  the ankle  monitor would  send an  electronic                                                               
alert to the vendor's business  office where the monitoring takes                                                               
This  is  happening  now  and  a  person  can  be  on  electronic                                                               
monitoring for a  substantial amount of time  awaiting trial. The                                                               
intent of the  sponsor is that a person who  purchases a contract                                                               
with a third party vendor would receive credit.                                                                                 
MS. MEADE  clarified that the  court is  neutral on the  bill but                                                               
can comply.  The court  does not approve  or monitor  third party                                                               
venders;  it is  a  private  contract and  a  defendant pays  the                                                               
business between  $300 and  $600 per month  for the  service. The                                                               
court approves the  contract if it believes both will  be able to                                                               
fulfill  their responsibilities.  Under the  bill, the  defendant                                                               
would inform the  judge that they would seek credit  for the time                                                               
they  paid for  the electronic  monitor,  and that  they want  an                                                               
order that comports with the  statute so they can receive credit.                                                               
At the  time of sentencing the  court will look at  the order and                                                               
deduct the time  spent on electronic monitoring  if the defendant                                                               
didn't violate any of the conditions.                                                                                           
SENATOR  MICCICHE asked  why current  law specifically  prohibits                                                               
the court from granting credit  for electronic monitoring when it                                                               
allows credit for time spent in a residential treatment program.                                                                
MS. MEADE  explained that the residential  treatment described in                                                               
AS  12.55.027   is  required  to  have   the  characteristics  of                                                               
incarceration. She  recalled a  case where  a defendant  asked to                                                               
receive credit for the time  served on electronic monitoring, but                                                               
the court  was constrained  by the statute  and decided  that the                                                               
time  didn't qualify.  Later the  legislature  codified that  and                                                               
added a  subsection to 027  saying a  person does not  get credit                                                               
for electronic monitoring.                                                                                                      
SENATOR MICCICHE asked if electronic  monitoring has a particular                                                               
MS. MEADE replied the range varies  according to the order by the                                                               
2:31:43 PM                                                                                                                    
SENATOR WIELECHOWSKI asked if taking  a drink would be considered                                                               
a criminal offense under the provision  in Section 2 if the court                                                               
order prohibited alcohol consumption.                                                                                           
MS.  MEADE answered  in the  affirmative. Disobeying  anything in                                                               
the bail order is violating a court order and that is a crime.                                                                  
SENATOR WIELECHOWSKI asked if a  person would lose all the credit                                                               
for  the time  spent on  electronic monitoring  if they  violated                                                               
their conditions of bail on day 364.                                                                                            
MS.  MEADE  replied  that  would  be  an  interpretation  of  the                                                               
statute, but  the district attorney  would argue that  the person                                                               
is not  entitled to  the credit because  they violated  the court                                                               
order, which is a criminal offense.                                                                                             
2:33:12 PM                                                                                                                    
SENATOR WIELECHOWSKI asked the sponsor's intent.                                                                                
BARBARA BARNES, Staff, Representative  Tammie Wilson, offered her                                                               
understanding that a  person who violates the  conditions of bail                                                               
set by the court would  not receive credit. She acknowledged that                                                               
it may  be open  to interpretation  and added  "If you  break the                                                               
law, you're  not going to  get the credit  and I believe  that is                                                               
the intent of the sponsor."                                                                                                     
SENATOR WIELECHOWSKI  urged the  committee to clarify  its intent                                                               
because this  provision would  be litigated  and the  court would                                                               
look to these committee hearings for the legislative intent.                                                                    
SENATOR  MICCICHE observed  that both  Sections 1  and 2  use the                                                               
term may so  the court is not required to  grant credit. It would                                                               
be on a case-by-case basis.                                                                                                     
MS. MEADE  agreed that it  does allow the court  some discretion,                                                               
but it would it  would be unusual for a judge  to deny credit for                                                               
some non-statutory reason.                                                                                                      
VICE CHAIR  COGHILL questioned  whether it  would add  clarity to                                                               
add "only" on page 1, line 10, following "monitoring."                                                                          
2:36:16 PM                                                                                                                    
DENNIS  JOHNSON,  Program   Director,  Alaska  Pretrial  Services                                                               
(APS), Anchorage, Alaska, stated  that APS administers the Alaska                                                               
24/7 Sobriety program  in the third judicial  district. They have                                                               
two offices  with testing  facilities in  the Anchorage  area and                                                               
are  expanding  to  Palmer.   APS  provides  pretrial  electronic                                                               
monitoring, which  is what HB 15  and SB 82 are  directly related                                                               
to.  He reported  that APS  currently has  about 126  active 24/7                                                               
participants  and about  162  offenders  under active  electronic                                                               
monitor. They provide  daily supervision for people  who live and                                                               
work from the  North Slope and Barrow through Kodiak  and down to                                                               
Juneau.  He opined  that both  HB  15 and  SB 82  provide a  cost                                                               
effective way  to monitor  and give credit  to offenders  who are                                                               
working toward sobriety and court compliance.                                                                                   
Addressing an  earlier question  about range,  he said  it varies                                                               
depending on  the severity  of the  alleged offense.  He believes                                                               
that  Alaska  Pretrial is  more  strict  that other  professional                                                               
vendors.  He said  the  bill  is a  cost-effective  tool to  help                                                               
people who are trying to change their behavior for the better.                                                                  
SENATOR MICCICHE asked  if his company offers  both proximity and                                                               
alcohol monitoring.                                                                                                             
MR. JOHNSON  answered yes; Alaska  Pretrial Services  uses active                                                               
GPS with  two way communication.  He described geo-fencing  on an                                                               
unclassified  felon who  is confined  to his  house. If  he steps                                                               
outside  his residence,  APS receives  an immediate  alarm and  a                                                               
case officer  responds and notifies law  enforcement. This system                                                               
was   developed  for   community  safety,   victim  safety,   and                                                               
compliance; exclusion zones can  be established around a victim's                                                               
residence, school  or place  of work  and range  from 10  feet to                                                               
five miles.                                                                                                                     
VICE CHAIR  COGHILL asked  the sponsor  if the  intent is  that a                                                               
person would lose  all credit if they violated  the conditions of                                                               
REPRESENTATIVE WILSON  replied it would  be up to the  court. She                                                               
added "If  I was in  charge I'd make them  lose it all  because I                                                               
think that's a bigger incentive."                                                                                               
Responding to  an earlier question,  she explained  that "private                                                               
residence" was changed to "residence" to include halfway houses.                                                                
2:46:38 PM                                                                                                                    
SENATOR WIELECHOWSKI  commented that Section 2  will be litigated                                                               
and then directed  attention to page 2, line 12.  That line talks                                                               
about the  court imposing restrictions  on a person's  freedom of                                                               
movement  and behavior.  He  asked if  the  court always  imposes                                                               
restrictions on both freedom of movement and behavior.                                                                          
MS. MEADE confirmed  that there would be  restrictions on freedom                                                               
of movement  if the  electronic monitoring  had a  GPS component.                                                               
She guessed  that a standard  bail condition of commit  no crimes                                                               
would be interpreted as a restriction on behavior.                                                                              
SENATOR WIELECHOWSKI  suggested the Department of  Law (DOL) look                                                               
and consider whether or not to  replace the final "and" with "or"                                                               
on page 1, line 12.                                                                                                             
REPRESENTATIVE   WILSON   said   she  didn't   ask   about   that                                                               
specifically, but Department of Law did have a lot of input.                                                                    
2:48:45 PM                                                                                                                    
VICE  CHAIR  COGHILL said  his  preference  is  for the  bill  to                                                               
clearly say that  a person would lose all credit  for a violation                                                               
of  a bail  condition. He  held HB  15 in  committee for  further                                                               

Document Name Date/Time Subjects
Resume George Boatright_ Judicial Conduct.pdf SJUD 4/15/2015 1:30:00 PM
1_HB11 Sponsor Statement.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
2 HB11 Version N.A.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
3 HB 11(JUD) am Explanation Of Changes 4-9-2015.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4 HB 11 FN 1.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.2 HB11 FN 3.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.3 HB11 FN 4.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.4 HB11 FN5.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.5 HB 11 FN6.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
4.6 HB 11 FN 7.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5 HB11 Letter of Support Whited.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.1 HB11 Support Document SB108 - Carmen Gutierrez.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.2 HB11 Support Document SB108 - James Noble.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.3 HB11 Support Document SB108 - Mary Geddes.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.4 HB11 Letter in Opposition - AK Assoc of Chiefs of Police.pdf SJUD 4/15/2015 1:30:00 PM
HB 11
5.5 HB11 Testimony Wally Tetlow.msg SJUD 4/15/2015 1:30:00 PM
HB 11
1 HB 15 Sponsor Statement.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
2 HB 15(FIN).pdf SJUD 4/15/2015 1:30:00 PM
HB 15
2.1 Senate Judiciary CS for HB15 Version X.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
3 HB 15 (FIN) Sectional Analysis 4-9-2015.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
4 HB15 FIN Explanation Of Changes 4-9-2015.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
5 HB15- FN 1.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
5.1 HB15-FN 2.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
5.3 HB15-FN 3.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
5.4 HB15-FN 4.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
6 HB15 Supporting Document - Electronic Monitoring Requirements.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
6.1 HB15 Supporting Document - Electronic Monitoring Terms and Conditions.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
6.1 HB15 Supporting Document - Electronic Monitoring Terms and Conditions.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
6.2 HB15 Supporting Document - DOC House arrest and EM program indigent form.pdf SJUD 4/15/2015 1:30:00 PM
HB 15
1 HB75 Sponsor Statement versionU A.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
2 HB75 Version U.A..pdf SJUD 4/15/2015 1:30:00 PM
HB 75
3 HB75(JUD)am Sectional Analysis versionUA.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
4 CSHB75 Explanation of Changes U Aversion.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
5 HB75 FN 1.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6 CSHB 75 Supporting AML.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6.1 HB 75 Supporting CBJ.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6.2 HB 75 Supporting MOA.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6.3 HB 75 Supporting MPP.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
CSHB75 Explanation of Changes R version.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
CSHB75 Version R.pdf SJUD 4/15/2015 1:30:00 PM
HB 75
6.5 HB15 Supporting Document - US Dept of Justice Electronic monitoring and recidivism.pdf SJUD 4/15/2015 1:30:00 PM
HB 15