Committee considers bill letting state bill municipalities for pretrial supervision of municipal charges

Juneau — The Senate State Affairs Committee on March 11 heard testimony on Senate Bill 71, sponsored by the Rules Committee at the governor’s request, which would allow the Alaska Department of Corrections to enter agreements with municipalities to provide and bill for pretrial supervision for defendants charged with municipal offenses.

Department witnesses said the pretrial services program, established in 2018, currently is funded entirely by the state even when the defendant is charged with a municipal violation. Commissioner Jen Winkelman and Deputy Commissioner April Wilkerson told the committee the bill would allow the Department to recover some of the costs of supervising municipal‑charge defendants by entering into municipal agreements and adopting regulations that establish associated fees. The Department noted the regulatory process would include consultation with the Department of Law, the Public Defender, the Department of Public Safety, the Office of Victims’ Rights, and the Alaska Court System.

Deputy Commissioner Wilkerson provided a sectional analysis: the bill clarifies that pretrial services include those charged with state law violations, requires regulatory consultation and fee regulations, updates statutory references to align with the regulation process, allows the Department to receive monies for pretrial supervision services, and provides an applicability section for individuals already ordered to pretrial services before the bill’s effective date.

Committee members questioned which communities would be affected. Staff said Anchorage and Juneau currently make the most use of municipal prosecution that would trigger the proposed arrangements; the Department estimated a maximum potential revenue of about $2.5 million (Commission staff said Anchorage would likely account for the majority). Committee members asked whether municipalities might choose to abrogate municipal prosecution and have the state prosecute instead; Department witnesses said that remains a local policy decision and other options (private electronic monitoring at defendant expense) exist. Senators also discussed quorum effects on boards and the need to consult municipal leaders; the Department said it had not yet concluded those municipal conversations.

The committee did not take a final vote; the bill was set aside for a later hearing and staff said that, if passed, implementation details (fee levels and billing mechanism) would be developed through regulation and municipal negotiation.