03/14/1994 08:30 AM House FIN

  HB 442    An Act  relating to criminal  justice information;                 
            providing  procedural  requirements  for obtaining                 
            certain   criminal   justice    information;   and                 
            providing for an effective date.                                   
                                                                               
            CS HB 442 (FIN) was reported out of Committee with                 
            "individual  recommendations"  and  with a  fiscal                 
            note  by the  Department of  Corrections and  zero                 
            fiscal notes  by the Department  of Public Safety,                 
            the  Department  of  Law dated  2/04/94,  and  the                 
            Department  of Health  and  Social Services  dated                 
            2/04/94.                                                           
  HOUSE BILL 442                                                               
                                                                               
       "An  Act  relating  to  criminal  justice  information;                 
       providing procedural requirements for obtaining certain                 
       criminal justice  information;  and  providing  for  an                 
       effective date."                                                        
                                                                               
  DEAN  GUANELI,  CHIEF,  ASSISTANT  ATTORNEY  GENERAL,  LEGAL                 
  SERVICES SECTION, DEPARTMENT  OF LAW, stressed the  need for                 
  new statutory changes to govern criminal justice information                 
  systems.   The systems currently  used are twenty  years old                 
  and are recognized as out dated by legislative auditors.  As                 
  a result, the  Department of Public Safety  (DPS) contracted                 
  with  a  nationally known  consultant  to study  the current                 
  systems used and make recommendations for change.                            
                                                                               
  The  legislation  would provide  a  board for  oversight and                 
  policy guidance of the criminal justice information systems.                 
  It would also  provide guidelines for  the operation of  the                 
  systems and  would specifically  designate criminal  justice                 
  records as confidential and subject to dissemination only as                 
  specific in statute.                                                         
                                                                               
  Representative Grussendorf asked if there were federal funds                 
  available to  match the fiscal note.   Mr. Guaneli responded                 
  there are federal  funds available  which the Department  of                 
  Public Safety is currently receiving in order to improve the                 
  Department's systems.   The Administration  is not aware  of                 
  federal funds available to the  Department of Corrections or                 
  the Department of Law.                                                       
                                                                               
  Mr. Guaneli explained that the Board is currently made up of                 
  one public member,  one municipal law enforcement  chief and                 
  the heads of all State agencies who currently head  criminal                 
  justice  information systems.    He added,  that  it is  the                 
  intent of the legislation to keep the group narrowly focused                 
  and for that  reason, no  other groups  have been  included.                 
                                                                               
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  The role of  the Chief  Justice was understood  to fill  the                 
  Judicial Council function, although there has been a request                 
  to broaden the function and include the Judicial Council.                    
                                                                               
  BILL  COTTON,  (TESTIFIED  VIA   TELECONFERENCE),  EXECUTIVE                 
  DIRECTOR, ALASKA JUDICIAL COUNCIL, ANCHORAGE, commented that                 
  the Judicial Council supports the  legislation and urges its                 
  passage.                                                                     
                                                                               
  CHIP TOMA, REPRESENTING HISSELF, JUNEAU, spoke in support of                 
  HB  442.   He explained that  HB 442  is a similar  right to                 
  privacy piece of legislation as introduced by Representative                 
  Terry Miller over  20 years old SJR  9.  The purpose  of the                 
  legislation addresses the important role  of Alaskan's right                 
  to privacy.                                                                  
                                                                               
  Representative Hanley  MOVED to adopt  CS HB 442  (FIN), #8-                 
  GH2005\J, Luckhaupt, 3/11/94.  There  being NO OBJECTION, it                 
  was adopted.                                                                 
                                                                               
  (Tape Change, HFC 94-60, Side 2).                                            
                                                                               
  Representative  Brown  suggested   including  the   Judicial                 
  Council to the Parole Board.  She MOVED a change to  Page 2,                 
  Line 7, inserting "(9) The Executive  Director of the Alaska                 
  Judicial Council  or  the  Executive  Director's  designee".                 
  Representative Hanley  asked why  the Parole  Board and  the                 
  Judicial Council  were currently  separate.   Representative                 
  Brown responded that  the Judicial  Council could assist  in                 
  the  information  systems  coordination.    There  being  NO                 
  OBJECTION, the amendment was adopted.                                        
                                                                               
  Representative   Hanley   asked   why  the   Department   of                 
  Corrections added $1200 hundred dollars for travel.                          
                                                                               
  DIANE SCHENKER, SPECIAL ASSISTANT, DEPARTMENT OF CORRECTION,                 
  stated  that  the  travel  component  in the  Commissioner's                 
  Office has been reduced  to such a degree  that it would  be                 
  impossible to participate without the additional funds.  She                 
  added  that  there  is  no   position  assigned  within  the                 
  Department for writing  policy and  procedures and that  the                 
  legislation would change duties, resulting  in fiscal impact                 
  to the Department.  None of  the requested funds address the                 
  finger printing component.                                                   
                                                                               
  Representative Brown asked if the proposed legislation would                 
  make available to the  public the location of inmates.   Ms.                 
  Schenker stated it would.   Representative Brown pointed out                 
  the significant problems with the  data processing system in                 
  the Department of Corrections.  She recommended adopting the                 
  fiscal note, pointing out that  more than training should be                 
  funded in order to provide services  for sorting the records                 
                                                                               
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  and making them more accurate.                                               
                                                                               
  KENNETH  E. BISHCOFF,  DIRECTOR, DIVISION  OF ADMINISTRATIVE                 
  SERVICES, DEPARTMENT OF PUBLIC SAFETY, stated that  drafting                 
  the legislation took  into consideration the needs  of rural                 
  Alaska.   He  pointed  out that  the  legislation does  have                 
  statewide support  from police  chiefs.   The Department  of                 
  Public Safety strongly supports HB 442.                                      
                                                                               
  Representative Brown MOVED to report CS  HB 442 (FIN) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal  notes.  Representative Martin  asked if                 
  the fiscal note was realistic.  Ms. Schenker responded  that                 
  the fiscal note does not provide funds for additional finger                 
  printing.  She stated that the legislation does specify that                 
  the additional volume  of finger printing  would be done  by                 
  police  or correctional agencies.  She  added that no amount                 
  has  been  requested for  that  component as  the additional                 
  volume  has  not  yet  been  determined.    There  being  NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  CS  HB  442  (FIN)  was  reported  out  of  Committee   with                 
  "individual  recommendations" and with  new fiscal  notes by                 
  the Department  of Corrections,  a zero  fiscal note  by the                 
  Department of  Public Safety,  the Department  of Law  dated                 
  2/04/94 and  the Department  of Health  and Social  Services                 
  dated 2/04/94.