Legislature(1993 - 1994)

03/29/1993 08:35 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  HOUSE BILL NO. 69                                                            
                                                                               
       "An Act  relating to  registration  of and  information                 
       about  sex  offenders  and  amending  Alaska  Rules  of                 
       Criminal Procedure 11(c) and 32(b)."                                    
                                                                               
  Members  were  provided with  a  Work  Draft for  HB  69, 8-                 
  LS0395\U, dated 3/25/93 (Attachment 1).  HB 69 was held in a                 
  subcommittee  consisting of  Chair  Therriault with  members                 
  Representatives Brown and Martin.                                            
                                                                               
  Representative   Therriault   explained   changes   by   the                 
  Subcommittee.  References to DNA  blood typing were deleted.                 
  First time  sex offenders  are required  to register  for 15                 
  years.  Sex  offenders who have  been convicted two or  more                 
  times  must register for  life.  Sexual abuse  of a minor in                 
  fourth  degree  has  been  eliminated   at  the  request  of                 
  Representative Barnes.  He explained  that language to allow                 
  dispute  of  file  information was  added.    The Department                 
  "shall"  correct  or  supplement  inaccurate  or  incomplete                 
  information.                                                                 
                                                                               
  Representative Therriault note that  by law the registration                 
  fee cannot be punitive in nature.   The Subcommittee set the                 
  fee at $5.00 dollars.                                                        
                                                                               
  Representative Therriault MOVED  to ADOPT Work Draft  for HB
  69, 8-LS0395\U, dated 3/25/93.  There being NO OBJECTION, it                 
                                                                               
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  was so ordered.   Representative Therriault MOVED  to Amend,                 
  CSHB 69  (FIN), delete  page 3,  line 28,  "11.40.130".   He                 
  explained that  offenders can  be convicted  under 11.40.130                 
  for supplying alcohol to minors.  There being NO  OBJECTION,                 
  it was so ordered.                                                           
                                                                               
  Co-Chair MacLean asked  if VPSO's  would substitute for  the                 
  Chief of Police in rural areas.  She asked if the                            
  Department of Corrections could register sex offenders prior                 
  to release.                                                                  
                                                                               
  C.E.  SWACKHAMMER,  DEPUTY  DIRECTOR, DEPARTMENT  OF  PUBLIC                 
  SAFETY  clarified  that  VPSO's  would  not be  required  to                 
  perform the registrations.   He added that the Alaska  State                 
  Troopers   will  aid   rural   areas   with   sex   offender                 
  registration.    Village  Public  Safety  Officers would  be                 
  informed of  registered sex offenders  in their  areas.   He                 
  explained  that  the  Department  of  Corrections  would not                 
  register offenders since offenders future place of residence                 
  and employment would be unknown.                                             
                                                                               
  Representative   Therriault   noted   that    sex   offender                 
  registration for  first  offenders will  be retroactive  ten                 
  years to 1984.   Representative Navarre  asked if the a  ten                 
  retroactive  period  would  be   subject  to  discrimination                 
  challenges.   Representative Therriault did not  think there                 
  would be a basis for legal challenges.                                       
                                                                               
  DOUG WOOLIVER, STAFF ATTORNEY, REPRESENTATIVE BARNES assured                 
  members that the ten year retroactive period would be upheld                 
  in court.   He cited the  difficulty in collecting  accurate                 
  data  past ten  years.   Mr.  Wooliver  explained the  legal                 
  rational supporting a ten year  retroactive period.  Members                 
  discussed the retroactive registration period.                               
                                                                               
  Representative Navarre  asked if  other state  law has  been                 
  tested in regards  to the  right to privacy.   Mr.  Wooliver                 
  stated that Washington  state has a constitutional  right to                 
  privacy.  The Washington State Supreme Court has up held the                 
  retroactive period.   He clarified that  offenders convicted                 
  of two or more offenses must register regardless of the time                 
  of conviction.                                                               
                                                                               
  Representative  Therriault relayed  that  supporters of  the                 
  legislation feel that  sex offenders have a  high recidivism                 
  rate because  they do not  think they will  be caught.   The                 
  legislation is designed to be a deterrent.                                   
                                                                               
  Mr.  Wooliver  explained,  in response  to  a  question from                 
  Representative Foster, that a regulatory action would not be                 
  considered  as a  "expos  facto".   A  punishment cannot  be                 
  increased retroactively.  Laws that are regulatory in nature                 
                                                                               
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  are not designed to punish.                                                  
                                                                               
  Representative Therriault MOVED to report  CSHB 69 (FIN) out                 
  of Committee  with individual recommendations  and with  the                 
  accompanying fiscal notes.  There being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CSHB 69 (FIN) was reported out of Committee with a "do pass"                 
  recommendation  "do pass" recommendation  and with four zero                 
  fiscal notes by the Department of Corrections, dated 2/8/93;                 
  Department of  Law, dated 2/8/93;  two by the  Department of                 
  Administration  and  with  a  fiscal   impact  note  by  the                 
  Department of Public Safety, dated 3/25/93.                                  
  hb#171                                                                       
  HOUSE BILL NO. 171                                                           
                                                                               
       "An Act providing  coverage for hospice care  under the                 
       Medicaid  program; reordering  the priorities  given to                 
       optional  services  under  the  Medicaid  program;  and                 
       providing for an effective date."                                       
                                                                               
  RITCHIE SONNER, EXECUTIVE DIRECTOR, HOSPICE AND HOME CARE OF                 
  JUNEAU  spoke  in support  of HB  171.   She  explained that                 
  hospice care  supports the terminally  ill to allow  them to                 
  remain in their home.  She emphasized that home care is cost                 
  effective.  She stressed that the terminally ill are allowed                 
  to remain  with  their  loved  ones.    She  explained  that                 
  terminally  ill  is defined  as those  that  have 6  or less                 
  months to live.   An inter disciplinary  team of counselors,                 
  physicians, nurses, therapist,  clergy and volunteers assist                 
  the  terminally ill.  The  goal of hospice  care is to allow                 
  terminally  ill to  spend  their final  days  pain free  and                 
  alert,  at peace  with themselves  and their  loved ones  in                 
  their own home.   Hospice care is endorsed and  supported by                 
  Medicare.                                                                    
                                                                               
  Representative  Parnell  pointed  out  that  there   are  no                 
  Medicare  certified hospice  organizations  in  Alaska.   He                 
  asked  if the bill  will impact  certification.   Ms. Sonner                 
  stated that in  lieu of hospice certification  Medicare will                 
  certify home  care providers.  She felt that the legislation                 
  would encourage hospice certification.                                       
                                                                               
  Co-Chair Larson asked  how the  effective date would  affect                 
  the Department of Health and Social Services.                                
                                                                               
  DAVE WILLIAMS, DIVISION OF MEDICAL ASSISTANCE, DEPARTMENT OF                 
  HEALTH AND SOCIAL SERVICES replied that the Department would                 
  like the effective  date to be  delayed until January  1994.                 
  He  explained  that  the  Department  of Health  and  Social                 
  Services needs time to institute  the program.  He explained                 
  that the fiscal  note will  cover the cost  of changing  the                 
                                                                               
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  claims payment system.                                                       
                                                                               
  Representative Martin MOVED  to Amend the effective  date to                 
  insert "January 1, 1994."  There  being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  Co-Chair MacLean MOVED  to report  HB 171  out of  Committee                 
  with individual  recommendations and  with the  accompanying                 
  fiscal note.  There being NO OBJECTION, it was so ordered.                   
                                                                               
  CSHB 171  (FIN) was  reported out  of Committee  with a  "do                 
  pass"  recommendation and with  a fiscal impact  note by the                 
  Department of Health and Social Services, dated 3/22/93.                     

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