Legislature(1997 - 1998)
1998-03-02 House Journal
Full Journal pdf1998-03-02 House Journal Page 2472 SJR 3 The Finance Committee has considered: CS FOR SENATE JOINT RESOLUTION NO. 3(JUD) Proposing an amendment to the Constitution of the State of Alaska limiting the rights and protections of prisoners to those required under the Constitution of the United States. and recommends it be replaced with: HOUSE CS FOR CS FOR SENATE JOINT RESOLUTION NO. 3(FIN) (same title) 1998-03-02 House Journal Page 2473 SJR 3 The report was signed by Representatives Therriault and Hanley, Co- chairs, with the following individual recommendations: Do pass (9): Therriault, Hanley, Mulder, Martin, Kohring, Moses, Davis, Kelly, Foster No recommendation (2): Davies, Grussendorf A House Finance Committee letter of intent for HCS CSSJR 3(FIN), signed by Representatives Therriault and Hanley, Co-chairs, appears below: "Senate Joint Resolution 3 is intended to limit the rights of convicted prisoners in the State of Alaska to only those rights required by the United States Constitution. This limitation is intended to apply to all language contained in the Alaska State Constitution. This limitation is intended to apply to any rights conferred on convicted prisoners by any and all language of Article 1, Section 12 of the Alaska State Constitution. This limitation is intended to apply to language contained in the Alaska State Constitution that does not appear in the United States Constitution including, but not limited to, 'the principle of reformation' and 'the rights of victims.' This amendment would return the meaning of the phrase 'principle of reformation' to the original intent of the framers of the Alaska Constitution by limiting the effect of the 'the principle of reformation,' contained in Article 1, Section 12 of the Alaska State Constitution, to a guidelining principle of criminal administration and make clear that Article 1, Section 12 does not create an individual right of prisoners to rehabilitation. Quoting Mr. Doogan from the minutes of the Alaska Constitutional Convention on January 5, 1956 explaining the meaning of the phrase 'principle of reformation' in Article 1, Section 12 'this statement was more or less advisory or instructive to the penal institutions that they work on the basis of reformation and not go back to the bread and water stage....' 1998-03-02 House Journal Page 2474 SJR 3 Clearly the framers of the Alaska Constitution never intended the phrase 'principle of reformation' to grant enforceable individual rights to convicted prisoners. This amendment is intended to reverse any and all findings by the Alaska Supreme Court that give convicted prisoners in Alaska greater rights under the Alaska State Constitution than those provided under the United States Constitution. This specifically includes: Abraham v. State, 585 P.2d 526, 530-33 (Alaska 1978) McGinnis v. Stevens, 543 P.2d 1221, appeal after remand 570 P.2d 735 (Alaska 1975) Ferguson v. State, 816 P.2d 134 (Alaska 1991) Brandon v. State, 938 P.2d 1029 (Alaska 1997) This amendment is intended to authorize the State of Alaska to request court modification of the settlement in the Superior Court Case Cleary v. Smith, 3AN-81-5274 CIV to remove any settlement terms not required by the United States Constitution." The following fiscal notes apply to HCS CSSJR 3(FIN): Fiscal note, Office of the Lt. Governor, 1/23/98 Zero fiscal note, Dept. of Administration, 3/2/98 CSSJR 3(JUD) was referred to the Rules Committee for placement on the calendar.