An Act relating to release of certain persons alleged to have committed certain sexual offenses.

Senate Judiciary Committee Substitute for House Judiciary Committee Substitue for House Bill 67 Amended is being proposed to strengthen protection for victims of sexual abuse. This bill adds a new section (release in sexual abuse and sexual assault cases) that mandates the court to consider safety of the alleged victim in the following cases: sexual assault [first degree to third degree], Sexual abuse of a minor [first degree to third degree], incest, unlawful exploitation of a minor, and indecent exposure in the first degree.

The bill permits the judge to impose additional conditions on a person charged or convicted of these crimes concerning no contact with alleged victim, residing in a place where there is no likelihood of coming in contact with the victim, and taking medication as prescribe.

Currently a victim is usually notified of a bail hearing but inquiry by the judicial officer as to if such notification has been made is not statutorily required. This was where the system broke down in my constituent's case. The bill indicates that before a person who is charged or convicted of one of these crimes is released that the judicial officer is required to ask about the notice of the victim or victim's representative. The judicial officer is also to inquire if the victim or victim's representative is in court and wishes to comment.

The second section of the bill, added in Senate Judiciary, indicates that a person may not be released on bail either before sentencing or pending appeal if the person has been convicted of one of the crimes above. However, if the judicial officer feels that the sentence to be served is greater than the possible term of imprisonment, the person may be released on bail.

This legislation stems from a situation faced by one of my constituents this past year. This person's young child was sexually abused. The parent was not notified of the bail hearing and the predator, who changed his plea at the last minute, was released back into the community with minimal supervision despite the District Attorney's request for 24-hour supervision. As might be expected, the victim's parent was outraged that the criminal who abused a young child was again in the community without any supervision. I agreed with the parent's concerns and introduced this legislation. This legislation stems from a situation faced by one of my constituents this past year. This person's young child was sexually abused. The parent was not notified of the bail hearing and the predator, who changed his plea at the last minute, was released back into the community with minimal supervision despite the District Attorney's request for 24-hour supervision. As might be expected, the victim's parent was outraged that the criminal who abused a young child was again in the community without any supervision. I agreed with the parent's concerns and introduced this legislation.

Support for this legislation has been expressed by the following organizations: Victims for Justice, Tundra Women's Coalition, Sitkans Against Family Violence, Unalaskans Against Sexual Assault & Family Violence, and the Alaska Peace Officers Association.

I would urge your support of this legislation.

Sectional Analysis for HB 67