State v. Jones, 120199 AKDC, 3AN-99-6278 Cr
|Docket Nº:||3AN-99-6278 Cr.|
|Opinion Judge:||JAMES N. WANAMAKER, DISTRICT COURT JUDGE|
|Party Name:||State Of Alaska, Plaintiff, v. Lanetta Jones, Defendant.|
|Case Date:||December 01, 1999|
|Court:||District Court of Alaska|
DECISION AND ORDER
FINDINGS OF FACT
I. THE PERIOD FROM 7/30/99 TO 10/29/99
On July 29, 1999 the court ordered that defendant could be released on bail according to the following two orders:
Ex. A ORDER AND CONDITIONS OF RELEASE, DATED 7/29/99 1 page. On 8/30/99 this order was amended to make Mrs. Lorraine Carmichael the evening custodian for an 8 day period 9/3/99 to 9/11/99 while Ms. Estell was to be out of state. That order is attached as Exhibit A-1.
Ex. B ORDER FOR NALTREXONE TREATMENT, DATED 7/29/99, 4 pages
Defendant was released pursuant to these orders on 7/30/99.
The court has heard the testimony of Donna Estell and Bobbie Carmichael, third party custodians, that defendant Lanetta Jones did, for this period, observe the conditions of house arrest at Donna Estell's home 212 Taylor, Apt 2, Anchorage, Alaska, or Bobbie Carmichael's home at 501 N. Park, Anchorage, Alaska, departing only for AA, doctor appointments, court appearances, attorney appointments or church services, and then only in the custody of a third party custodian (with the exception of the "weekends away" noted in the next section of this opinion). The court believes Ms. Estell and Mr. Carmichael and adopts the above summarized testimony as a Finding of Fact in this case.
The commonly understood definition of "custody" is a concrete building with steel bars where inmates are kept under 24 hour guard and have no freedom of movement. I find that the restrictions which were placed on and observed by the defendant in the period 7/30/99 to 10/29/99 were not equivalent to this commonly understood definition of custody.
However, the nature of custody is changing. The 1998 Alaska Legislature enacted a new law providing for service of sentence by electronic monitoring. (See AS 33.30.061(c), AS 33.30.065 and AS 12.55.015(e)(2). This type of sentence is not available however, to every defendant. It is available only to a select class of defendants who meet stringent DOC screening criteria...
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