Legislature(2017 - 2018)HOUSE FINANCE 519
04/05/2017 01:30 PM House FINANCE
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| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing: Alaska Mental Health Trust Board of Trustees | |
| HB60 | |
| HB127 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | HB 60 | TELECONFERENCED | |
| + | HB 127 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 127
"An Act relating to a permanent fund dividend for an
individual whose conviction has been vacated,
reversed, or dismissed; and relating to the
calculation of the value of the permanent fund
dividend by including payment to individuals eligible
for a permanent fund dividend because of a conviction
that has been vacated, reversed, or dismissed."
4:16:30 PM
REPRESENTATIVE SCOTT KAWASAKI, SPONSOR, provided a brief
overview of the legislation. He reminded the committee that
the state relinquished incarcerated Alaskans rights to
their Permanent Fund Dividends (PFD). He elaborated that
the legislation provided the PFD to Alaskans whose
convictions were vacated, reversed, or dismissed. If passed,
those eligible must apply for the PFD within 120 days
following the new judgment or within 120 days of the
effective date of the bill. He believed that the state
providing PFD's to individuals wrongfully convicted helped
them reestablish a normal life. It was incumbent upon the
legislature to recognize the injustice. He pointed out that
last year that state had the highest number of individuals
with overturned convictions that were wrongly incarcerated.
Co-Chair Foster stated that Vice-Chair Gara would act as a
stand-in chair of the meeting.
4:19:34 PM
Co-Chair Foster OPENED Public Testimony.
4:19:39 PM
APRIL MONROE, SELF, FAIRBANKS (via teleconference), spoke
in favor of the legislation. She shared that she had done a
lot of advocacy work on the issue. She stressed that it
would be a travesty to deny a person their dividend because
of a wrongful conviction. She could not imagine anyone
opposing the legislation.
4:21:22 PM
BARBARA BRINK, ALASKA INNOCENCE PROJECT, ANCHORAGE (via
teleconference), spoke in favor of HB 127. She thanked the
co-sponsors of the bill. She shared that she was the
volunteer president of the project's board and relayed her
extensive career involving indigent criminal defense as a
state and federal public defender attorney over the last 35
years. She elucidated that under the current law a person
lost eligibility for the PFD if sentenced or were
incarcerated for a felony conviction. The bill was "stating
the obvious" for individuals found not guilty, or when
convictions were vacated or reversed, or charges were
dismissed. The legislation recognized that a person should
be eligible for the PFD under the stated conditions. She
provided an example of a person found not guilty after
being convicted of a DUI who could have his driver's
license reinstated. She emphasized that the legislation
continued to right a wrong and let "truth and justice"
prevail. The measure was not a compensation bill or a
punitive damage claim. She offered the example of Texas
that statutorily provided $80 thousand for each year a
person was imprisoned due to a wrongful conviction. She
thanked the committee.
4:25:06 PM
Representative Thompson wondered whether a vacated
conviction still carried the felony conviction. Ms. Brink
remarked that the language was tricky. She responded that a
vacated sentence did not infer innocence but a vacated
conviction lead to a re-trial or dismissed charges.
Dismissed charges or acquittal meant that the person was
innocent and not convicted of a crime. Representative
Thompson noted that a portion of inmates PFD's went to
their healthcare while incarcerated and the remainder to
victim's compensation. He wondered whether the money spent
on healthcare would be deducted from the PFD money the
person now qualified for. Ms. Brinks responded that the PFD
had not been issued for medical costs and that was a common
misconception. The person was completely disqualified from
receiving their PFD while in prison. Representative
Thompson relayed that he had heard from the Victims
Compensation Board and Department of Corrections (DOC) that
they applied for the PFD in lieu of the convicted
individual and a percentage was divided among the inmate's
health care and victim's compensation. He wanted further
clarification.
Representative Wilson indicated that Representative
Thompson was correct and the percentage that DOC received
was used collectively for all inmates medical prison costs.
Vice-Chair Gara did not believe that wrongly convicted
individuals could be compensated enough for the injustice.
4:29:41 PM
MARVIN ROBERTS, SELF, FAIRBANKS (via teleconference), spoke
in support of HB 127. He was one of the "Fairbanks Four"
who had been wrongfully incarcerated for 18 years. He
thanked all of the legislators who supported the bill. He
indicated that the result of the bill would go a long way
to help him and his family and all wrongfully convicted
individuals.
Vice-Chair Gara sincerely apologized for what happened.
4:31:17 PM
CRYSTAL SISTO, SELF, FAIRBANKS (via teleconference), spoke
in favor of HB 127. She related that she was close to one
of the "Fairbanks Four." George Frese, one of the four, was
the father of Ms. Sisto's daughter, who lost her father and
his emotional and financial support 18 years ago when she
was 3 years old. She suggested that the PFD money would
substantially help Mr. Frese rebuild his life and reconnect
with his family which presently included grandchildren. She
relayed her daughters support for the bill and informed the
committee that she had lost faith in the system from her
experience. She urged support for the bill.
4:33:17 PM
MISTY NICKOLI, SELF, FAIRBANKS (via teleconference), spoke
in support of HB 127. She shared that she had advocated for
the Fairbanks Four and that George Frese was her cousin.
She offered that she was struggling to reconcile her sense
of belonging and trust with the judicial system. The PFD
was unjustly confiscated from the four and she felt the
bill was one step toward reestablishing justice and equity.
4:35:20 PM
SCHERRY BYERS, SELF, FAIRBANKS (via teleconference), urged
support for HB 127. She relayed that she was a licensed
clinical social worker and worked in bush villages since
1984. She spoke of sadness and frustration that the effort
to prove the four's innocence took over $1 million in pro
bono attorney work and intense community support. She
wanted people to truly understand that "everyone knew that
the four were not guilty." She recounted that the four men
were just graduating high school at the time of their
wrongful conviction and were robbed of their opportunities
to develop work and career lives. She felt that was a very
significant part of the story unrelated to the PFD issue.
She added that at least three out of the four were Alaska
natives. She believed that the PFD money was rightfully
theirs. She thought that if the legislation did not pass
people would keep fighting the issue.
Vice-Chair Gara remarked that Representative Kawasaki was
educating his fellow legislators about the issue.
4:39:12 PM
EVAN EADS, SELF, FAIRBANKS (via teleconference), supported
HB 127. He spoke of an event he attended on behalf of the
Fairbanks Four. He stated that the event was moving for the
attendees and for the four men themselves. He thought the
bill was a small gesture: returning something that was
unjustly confiscated. He thought it was not a partisan
issue and supported passage of the bill.
4:41:17 PM
MARNA SANFORD, TANANA CHIEFS CONFERENCE, FAIRBANKS (via
teleconference), supported HB 127 and advocated for post-
conviction release reform. She agreed with all of the
previous testifiers. She thought the bill was a "no
brainer." She appreciated Representative Kawasaki's support
and urged for passage of the bill.
4:43:21 PM
VIRGINIA MCCARTY, SELF, FAIRBANKS (via teleconference),
supported HB 127. She relayed that she had no specific
testimony.
KATHLEEN PETERS ZURAY, SELF, TANANA (via teleconference),
stated her and her husband's support and urged members to
support HB 127. She wanted to see the PFD's restored to the
four wrongfully convicted men.
4:45:11 PM
Vice-Chair Gara CLOSED Public Testimony for HB 127.
HB 127 was HEARD and HELD in committee for further
consideration.