Legislature(2019 - 2020)GRUENBERG 120

03/11/2019 01:30 PM JUDICIARY

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Audio Topic
01:38:00 PM Start
01:38:36 PM Consideration of Governor's Appointee: Nancy Dahlstrom, Department of Corrections
02:07:24 PM HB52
03:00:55 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Please Note Time Change --
+ Consideration of Governor's Appointees: TELECONFERENCED
Commissioner Nancy Dahlstrom, Dept. of
Corrections
-- Public Testimony --
*+ HB 52 CRIMES;SEX CRIMES;SENTENCING; PAROLE TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
          HB  52-CRIMES;SEX CRIMES;SENTENCING; PAROLE                                                                       
                                                                                                                                
2:07:24 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL  NO. 52 "An Act  eliminating marriage as a  defense to                                                               
certain crimes  of sexual  assault; relating  to enticement  of a                                                               
minor; relating  to harassment in  the first degree;  relating to                                                               
harassment in the second degree;  relating to indecent viewing or                                                               
production of  a picture; relating  to the definition  of 'sexual                                                               
contact'; relating to  assault in the second  degree; relating to                                                               
sentencing;  relating  to  prior  convictions;  relating  to  the                                                               
definition of  'most serious felony'; relating  to the definition                                                               
of 'sexual  felony'; relating to  the duty  of a sex  offender or                                                               
child  kidnapper   to  register;  relating  to   eligibility  for                                                               
discretionary parole; and providing for an effective date."                                                                     
                                                                                                                                
2:08:05 PM                                                                                                                    
                                                                                                                                
AMANDA PRICE, Commissioner-Designee,  Department of Public Safety                                                               
(DPS),  introduced HB  52 on  behalf of  Governor Dunleavy.   She                                                               
said HB 52  proposes amendments to current law  that address "the                                                               
absurdly  and  continuously high  rates"  of  sexual assault  and                                                               
sexual abuse  of minors  in Alaska.   She said  the rape  rate in                                                               
Alaska  is 249  percent higher  than the  national average.   She                                                               
said  Alaskas  rates  of sexual  assault  and sexual  abuse of  a                                                               
minor have  consistently been higher  than the  national average.                                                               
She said  she is optimistic  and pleased  to present a  bill that                                                               
would  provide  law enforcement  with  "an  improved toolkit"  to                                                               
respond to and prevent sexual abuse  and sexual abuse of a minor,                                                               
as well as to protect some of Alaska's most vulnerable people.                                                                  
                                                                                                                                
COMMISSIONER PRICE said  HB 52 would correct  loopholes in sexual                                                               
assault  law that  have drawn  considerable public  attention and                                                               
criticism in  the wake of the  Justin Schneider case.   She added                                                               
that  HB   52  would  also  create   protections  for  vulnerable                                                               
Alaskans.   She said one  such protection would  establish sexual                                                               
activity with  an incapacitated, incapable, or  unaware person as                                                               
sexual assault regardless  of the status of  marriage between the                                                               
victim and offender.                                                                                                            
                                                                                                                                
2:09:51 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  PRICE said  HB 52  would  establish an  expectation                                                               
that  any  individual who  has been  convicted of  a registerable                                                               
sex offense  in another state  will also be required  to register                                                               
in the  state of  Alaska."   She said  the Division  of Statewide                                                               
Services,  which  manages  the sex  offender  registry,  receives                                                               
approximately 10  to 12  phone calls  per month  from individuals                                                               
who are required  to register as a sex offender  in another state                                                               
inquiring about  the status of  their requirement to  register in                                                               
Alaska.   She reiterated  that 10 to  12 convicted  sex offenders                                                               
[per month]  contact SOA  to ascertain if  they must  register in                                                               
Alaska.  She said these  individuals, from the perspective of the                                                               
Division of  Statewide Services, view  the fact that they  do not                                                               
have to  register as  a sex  offender as a  benefit of  moving to                                                               
Alaska, the state with the highest rape rate in the nation.                                                                     
                                                                                                                                
2:10:50 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  whether the  10  to 12  monthly callers  are                                                               
generally being told they do or do not have to register.                                                                        
                                                                                                                                
COMMISSIONER PRICE said it is  her understanding that the callers                                                               
are told they would not have  to register because the current law                                                               
does  not require  it.   She explained  the current  law requires                                                               
there to  be a direct  correlation to the  law they broke  in the                                                               
other state.                                                                                                                    
                                                                                                                                
2:11:42 PM                                                                                                                    
                                                                                                                                
COMMISSIONER PRICE said she believes  the topic of sexual assault                                                               
"crosses all of the boundaries in  terms of all of us identifying                                                               
with  common goals."    She  restated that  the  rates of  sexual                                                               
assault and sexual violence in  Alaska are  astronomically high.                                                                
She expressed her pleasure in supporting HB 52.                                                                                 
                                                                                                                                
2:12:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked Commissioner  Price to define "direct                                                               
correlation" pertaining  to language in the  current sex offender                                                               
registration law.                                                                                                               
                                                                                                                                
COMMISSIONER  PRICE  said   she  would  have  to   defer  to  the                                                               
Department of Law (DOL).                                                                                                        
                                                                                                                                
2:12:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN said  the  language of  HB 52  references                                                               
Williams  v.  State.    He  asked if  she  could  speak  to  that                                                             
reference.                                                                                                                      
                                                                                                                                
2:13:16 PM                                                                                                                    
                                                                                                                                
COMMISSIONER  PRICE  said   she  would  have  to   defer  to  the                                                               
Department of Law (DOL).                                                                                                        
                                                                                                                                
2:13:54 PM                                                                                                                    
                                                                                                                                
KACI  SCHROEDER,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal   Division,  Department  of  Law,   began  the                                                               
sectional  analysis of  HB 52.   She  explained she  was skipping                                                               
section  one, the  intent section,  and  would refer  back to  it                                                               
later.                                                                                                                          
                                                                                                                                
MS. SCHROEDER  addressed sections 2  and 3, which she  said refer                                                               
to  removing marriage  as a  defense to  sexual assault  when the                                                               
victim is mentally incapable, incapacitated,  or unaware that the                                                               
sexual act is being committed.   She said it leaves marriage as a                                                               
defense only  in those circumstances  where there is  consent and                                                               
the  very nature  of the  relationship is  what is  criminalized.                                                               
For example,  she said, a  probation officer is forbidden  by law                                                               
from having sex with a probationer unless [the two] are married.                                                                
                                                                                                                                
2:15:04 PM                                                                                                                    
                                                                                                                                
MS.  SCHROEDER   addressed  sections  4  through   6,  which  she                                                               
explained relate  to online enticement of  a minor.  She  said HB                                                               
52 would  remove the "online"  requirement.  She said  the statue                                                               
currently requires the use of a  computer.  She said DOL does not                                                               
believe  the method  of  enticement should  matter  and that  any                                                               
enticement of  a minor  should be  criminalized.   She referenced                                                               
the Dateline NBC  series "To Catch a Predator"  with Chris Hansen                                                               
and  said this  part of  HB 52  refers to  the sort  of scenarios                                                               
featured in that program.                                                                                                       
                                                                                                                                
MS.  SCHROEDER addressed  section  8, which  she  said refers  to                                                               
repeatedly sending images of genitalia to another person.                                                                       
                                                                                                                                
2:15:49 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked about section 7.                                                                                             
                                                                                                                                
MS.  SCHROEDER said  section 7  is related  to section  13.   She                                                               
noted the administration  intends to remove section 7.   She said                                                               
she would explain when she reaches section 13.                                                                                  
                                                                                                                                
2:16:12 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER returned  to section 8.  She said,  in this day and                                                               
age,  people are  often communicating  over electronic  means and                                                               
some people apparently  find it funny or annoying  to send images                                                               
of genitalia to  other people.  She said a  classic example would                                                               
be someone  sending an  image, the  recipient saying  he/she does                                                               
not want to  see it, and the sender proceeding  to send images in                                                               
a harassing  type of nature.   She  said HB 52  would criminalize                                                               
this act and make it a Class B Misdemeanor.                                                                                     
                                                                                                                                
2:16:50 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER  addressed sections  9 through  12, which  she said                                                               
refer to indecent  viewing or production of a picture.   She said                                                               
the most  common example  is someone  who sets up  a camera  in a                                                               
locker  room or  bathroom and  captures private  exposure without                                                               
the  victim's knowledge  or  consent.   She  said the  underlying                                                               
statute is  confusing to  read so  HB 52  would help  clarify the                                                               
language, though  she noted  the language  could be  made clearer                                                               
still.  She said HB 52 would  break up the conduct of viewing the                                                               
picture  from the  conduct of  producing the  picture, which  she                                                               
explained are two different things punished differently.                                                                        
                                                                                                                                
2:18:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  established  a  hypothetical  wherein  an                                                               
individual takes a  picture of a person in a  locker room without                                                               
the person's  knowledge, but the  picture is not of  the person's                                                               
private parts  but rather of his  or her leg.   She restated that                                                               
this took place in a locker  room and nobody knew about it except                                                               
the picture taker.   She asked if that is okay.   She opined, "It                                                               
certainly doesn't seem like it would be okay."                                                                                  
                                                                                                                                
MS. SCHROEDER  agreed it is  probably not  okay, but there  is no                                                               
criminal offense that addresses it.                                                                                             
                                                                                                                                
REPRESENTATIVE LEDOUX asked, "Shouldn't there be?                                                                               
                                                                                                                                
MS.  SCHROEDER said  that  would  be a  policy  question for  the                                                               
legislature.                                                                                                                    
                                                                                                                                
2:19:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN referenced  language  in  section 9  that                                                               
reads "viewing in  the state."  He asked, now  that a distinction                                                               
has been made between viewing  and taking, what about pornography                                                               
produced in a  locker room that is  sent out of state.   He asked                                                               
if HB 52 would make that okay.                                                                                                  
                                                                                                                                
MS. SCHROEDER  said this statute  does not  address distribution.                                                               
She  said there  are  other misdemeanor  offenses  that refer  to                                                               
distributing  photos  with  the  intention  to  embarrass.    She                                                               
distinguished between pornography and  the private exposure of an                                                               
individual.  She said pornography    especially child pornography                                                               
  would be a whole other class of offense.                                                                                      
                                                                                                                                
2:20:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  for  clarification.   He said  his                                                               
understanding of  the language is  that the production  of photos                                                               
of nude  persons would not  be proscribed by  law as long  as the                                                               
images are  not shown to  someone in  Alaska, even if  the images                                                               
are shown to people outside the state.                                                                                          
                                                                                                                                
MS. SCHROEDER said  as long as the images are  produced in state,                                                               
if they are  shared   even with someone outside  Alaska   the act                                                               
of  sharing  is   occurring  inside  the  state   and  there  are                                                               
misdemeanors to address that conduct.                                                                                           
                                                                                                                                
CHAIR  CLAMAN noted  that  there is  a  jurisdictional issue  for                                                               
events  happening  outside  the  state.     He  said  SOA  cannot                                                               
prosecute someone in California for what happens in California.                                                                 
                                                                                                                                
2:21:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN said the language  in section 9 appears to                                                               
limit the  criminality of creating  images to the viewing  of the                                                               
pictures  within  Alaska.   He  asked  if  he is  misreading  the                                                               
language.                                                                                                                       
                                                                                                                                
MS. SCHROEDER  said the statute could  be clearer.  She  said any                                                               
conduct  that  occurs in-state  can  be  prosecuted even  if  the                                                               
images end  up crossing state  lines.  She echoed  Chair Claman's                                                               
statement  that SOA  cannot prosecute  conduct  occurring out  of                                                               
state.                                                                                                                          
                                                                                                                                
2:22:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  said  that  was not  the  point  of  his                                                               
question.                                                                                                                       
                                                                                                                                
CHAIR  CLAMAN  clarified  Representative  Eastman's  question  by                                                               
drawing attention to subsection 1,  which relates to the viewing,                                                               
and subsection 2, which relates  to the production.  He suggested                                                               
that if an  individual were to create an image  in Alaska that is                                                               
viewed out  of state,  SOA would  not be  able to  prosecute them                                                               
under  subsection 1  but would  be able  to prosecute  them under                                                               
subsection 2.                                                                                                                   
                                                                                                                                
MS. SCHROEDER answered that is correct.                                                                                         
                                                                                                                                
2:23:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX said  it  looks like  [subsection] 2  only                                                               
refers to people under a certain age.                                                                                           
                                                                                                                                
MS. SCHROEDER said  that refers to who has to  give consent.  She                                                               
said if the person is under  13, the parent must give consent and                                                               
without that consent,  criminal penalties could apply.   She said                                                               
if the  person is 13  through 16, both  the parent and  the child                                                               
must  give consent  and without  that,  criminal penalties  could                                                               
apply.  She said  if the person is over 16,  only that person has                                                               
to give consent.                                                                                                                
                                                                                                                                
2:23:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  where to  find that  information in                                                               
the language of the bill.                                                                                                       
                                                                                                                                
MS. SCHROEDER pointed to page 5,  lines 9 through 12.  She walked                                                               
through the language.                                                                                                           
                                                                                                                                
REPRESENTATIVE LEDOUX said the language is confusing.                                                                           
                                                                                                                                
MS. SCHROEDER said she agrees.                                                                                                  
                                                                                                                                
2:25:07 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN   noted  that  section  12   distinguishes  between                                                               
misdemeanor conduct and felony conduct  with regard to the age of                                                               
person shown in a picture.                                                                                                      
                                                                                                                                
MS. SCHROEDER  pointed to  page 5,  line 28.   She said  where it                                                               
reads "under  16 years  of age"  should read  "under 18  years of                                                               
age" because  it would still  be a felony  if the person  were 17                                                               
years old.   She said she hoped the committee  would help clarify                                                               
that.   She added  that DOL  is open  to suggestions  for further                                                               
clarifying statutory language.                                                                                                  
                                                                                                                                
MS. SCHROEDER referred  the committee to a chart  provided in the                                                               
committee packet.   The  chart displayed  the tiered  approach to                                                               
prosecuting these  crimes depending  on who  the offender  is and                                                               
who the victim is.  She said,  based on the chart, if the viewing                                                               
or production is involving a child,  it would be a Class C sexual                                                               
felony  and  a  registerable  sex  offense.    She  said  if  the                                                               
production is of  an adult, it would be a  regular Class C felony                                                               
punishable by 0 to 2  years imprisonment, but also a registerable                                                               
sex offense.   She said if the  viewing is of an  adult, it would                                                               
be a Class A misdemeanor with a presumptive sentence range of 0-                                                                
30 days, one year maximum.                                                                                                      
                                                                                                                                
2:27:12 PM                                                                                                                    
                                                                                                                                
MS.  SCHROEDER addressed  section 13  on page  6, which  she said                                                               
would make  it "sexual  contact  for  an individual  to knowingly                                                               
cause a  victim to come  into contact with  semen.  She  said the                                                               
change  relates to  the Justin  Schneider case.   She  noted that                                                               
several  different   bills  have   been  introduced   to  address                                                               
loopholes from the Schneider case.   She said the bills "that are                                                               
moving"  have all  taken this  particular approach  to broadening                                                               
the definition  of "sexual contact."   She said the  change would                                                               
allow for  prosecution of  sexual assault  in the  second degree,                                                               
sexual assault  in the third degree,  sexual abuse of a  minor in                                                               
the  second degree,  and sexual  abuse of  a minor  in the  third                                                               
degree, as well as the respective misdemeanors for each offense.                                                                
                                                                                                                                
2:28:06 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  Ms. Schroeder  to  clarify the  relationship                                                               
between sections 7 and 13.                                                                                                      
                                                                                                                                
MS. SCHROEDER noted that section  7 would delete the word "semen"                                                               
from  the statutory  language defining  harassment  in the  first                                                               
degree.    She said  this  refers  to  a  situation in  which  an                                                               
individual with an  intent to harass or annoy causes  a victim to                                                               
come into  contact with  semen.   Initially, she  explained, this                                                               
language  had been  inserted  into  the bill  to  protect from  a                                                               
lenity  argument.    She  said that,  upon  further  review,  DOL                                                               
determined "the mental states in  the situations targeted by both                                                               
statutes are  different enough" that  they do not cover  the same                                                               
conduct.    She said  DOL  believes  it  would survive  a  lenity                                                               
challenge.   She added that  leaving "semen" in the  language for                                                               
harassment  in  the  first  degree  is  appropriate  for  certain                                                               
situations.   She said  an example would  be a  prisoner throwing                                                               
semen on a corrections officer,  which she explained is the exact                                                               
sort of conduct  that harassment in the first  degree was created                                                               
to address.                                                                                                                     
                                                                                                                                
2:29:12 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  for confirmation  that DOL  wants section  7                                                               
removed.                                                                                                                        
                                                                                                                                
MS. SCHROEDER answered yes.                                                                                                     
                                                                                                                                
CHAIR CLAMAN  mused that protecting corrections  officers was the                                                               
original  intention of  harassment  in the  first  degree and  to                                                               
remove "semen" from  AS 11.61.118(a) would make  it impossible to                                                               
prosecute some of those situations.                                                                                             
                                                                                                                                
MS.  SCHROEDER  answered  correct.   She  noted  that  harassment                                                               
requires a mental  state of intent to harass or  annoy.  She said                                                               
sexual assault  requires "without consent" which  itself requires                                                               
some  use of  force.   She said  the contexts  of harassment  and                                                               
sexual  assault  are  completely   different  which  is  why  DOL                                                               
believes they can survive together.                                                                                             
                                                                                                                                
2:30:02 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER addressed section 14,  which she said would enhance                                                               
the penalty  for assault  in the second  degree, the  charge most                                                               
often used to  prosecute strangulation.  She said  this change is                                                               
also a response  to the Schneider case.  She  noted that multiple                                                               
bills  take  different  approaches.    She  said  HB  52  is  not                                                               
necessarily the preferred approach, "just an approach."                                                                         
                                                                                                                                
2:30:36 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  pointed to section  14, subsection d,  paragraph 5.                                                               
He said  the reference to  AS 11.41.210 indicates assault  in the                                                               
second degree  rather than sexual  assault in the  second degree.                                                               
He asked why that is.                                                                                                           
                                                                                                                                
MS.  SCHROEDER answered  that  the reference  to  assault in  the                                                               
second  degree covers  situations involving  strangulation.   She                                                               
said  if a  victim is  strangled, the  charge of  assault in  the                                                               
second degree would create an enhanced penalty.                                                                                 
                                                                                                                                
2:31:15 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN said  other bills  address the  strangulation issue                                                               
with an aggravating factor rather than an enhanced sentence.                                                                    
                                                                                                                                
MS. SCHROEDER answered  correct.    She said other bills approach                                                               
the issue  "with an  aggravator" or  by increasing  the penalties                                                               
for all classes of assault when a dangerous instrument is used.                                                                 
                                                                                                                                
2:31:40 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN asked  if DOL  is taking  a position  regarding the                                                               
different approaches.                                                                                                           
                                                                                                                                
MS. SCHROEDER answered,  "Anything is better than  nothing."  She                                                               
said  all  the  approaches  are   good  and  some  could  survive                                                               
simultaneously, which  is to  say they  do not  directly conflict                                                               
with each other.                                                                                                                
                                                                                                                                
2:31:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  recalled touring a prison  with a friend.                                                               
While on the  prison tour, he said, an inmate  threw semen on his                                                               
friend.  He  asked if the bill's current language  would make the                                                               
inmate's actions a criminal act  that would require the inmate to                                                               
register as a sex offender.                                                                                                     
                                                                                                                                
MS.  SCHROEDER  answered  yes, however  DOL  wants  that  section                                                               
removed.   She  explained this  would allow  DOL more  options to                                                               
address the harassing type of nature of certain conduct.                                                                        
                                                                                                                                
CHAIR CLAMAN clarified that harassment  is not a registerable sex                                                               
offense.                                                                                                                        
                                                                                                                                
MS. SCHROEDER affirmed the clarification.                                                                                       
                                                                                                                                
2:33:04 PM                                                                                                                    
                                                                                                                                
MS.   SCHROEDER  addressed   section  15   and  pointed   to  the                                                               
substantive portion  on page 9.   She said the section  refers to                                                               
sexual  abuse of  a minor  in the  third degree.   She  said this                                                               
involves situations in which the defendant  is 17 years of age or                                                               
older and the victim  is 13, 14, or 15 years-old.   She said this                                                               
situation  is   currently  a  regular   Class  C  felony   and  a                                                               
registerable sex offense  with a presumptive sentence  range of 0                                                               
to 2 years.                                                                                                                     
                                                                                                                                
MS. SCHROEDER said HB 52  would introduce a change for situations                                                               
in which the  defendant and victim are at least  six years apart.                                                               
She said these  situations would be made sexual  felonies with an                                                               
enhanced  sentencing range  of  2 to  12 years.    She said  this                                                               
change attempts  to take  into account  "close-in-age situations"                                                               
that, while  still criminal,  are sentenced  at a  lower offense.                                                               
She  noted  a  six-year  age  difference  feels  "a  little  more                                                               
predatory," which is why DOL wants it made into a sexual felony.                                                                
                                                                                                                                
2:34:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  how  DOL settled  on  a  six-year                                                               
range.                                                                                                                          
                                                                                                                                
MS. SCHROEDER said it would be a  new age range in law.  She said                                                               
DOL selected it but it open to discussing an alternate range.                                                                   
                                                                                                                                
2:34:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL  asked  Ms.  Schroeder to  repeat  the  ages                                                               
regarding sexual abuse of a minor in the third degree.                                                                          
                                                                                                                                
MS. SCHROEDER said  the defendant needs to be 17  years of age or                                                               
older and  the victim  is 13,  14, or  15.   She noted  that this                                                               
involves  sexual  contact and  not  penetration.   She  said  DOL                                                               
pulled its  cases regarding close-in-age situations  and found it                                                               
does  not charge  very many  of  them.   She said  when DOL  does                                                               
charge these  situations, "there is usually  something else going                                                               
on," such as plying the victim with alcohol.                                                                                    
                                                                                                                                
2:35:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  WOOL established  a  scenario in  which two  high                                                               
school students, aged 17 and 15,  share sexual contact.  He asked                                                               
if the 17-year-old would be committing a crime.                                                                                 
                                                                                                                                
MS. SCHROEDER clarified that sexual  abuse of a minor requires at                                                               
least four years of age difference.                                                                                             
                                                                                                                                
CHAIR  CLAMAN  said that  this  is  different from  the  six-year                                                               
difference mentioned in the bill.                                                                                               
                                                                                                                                
REPRESENTATIVE  WOOL  said he  understood.    He noted  that  the                                                               
situation in his hypothetical would not qualify.                                                                                
                                                                                                                                
2:36:14 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked, with  respect to  these changes  and earlier                                                               
mention  of the  public reaction  to the  Schneider Case,  if any                                                               
cases involving  the prosecution of third-degree  sexual abuse of                                                               
a minor have caused public outrage.                                                                                             
                                                                                                                                
MS.  SCHROEDER answered  she  is not  aware of  any  cases.   She                                                               
opined that most  public awareness of sexual abuse of  a minor in                                                               
the third  degree occurred during  the special session  on Senate                                                               
Bill 54 [passed in the Thirtieth Alaska State Legislature].                                                                     
                                                                                                                                
2:36:56 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER  addressed section 15.   She said HB 52  would make                                                               
indecent  viewing  or  production  of  a picture  of  a  minor  a                                                               
registerable sex  offense and  a sexual  felony, so  language has                                                               
been added to conform to that.                                                                                                  
                                                                                                                                
2:37:18 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER  addressed section  16, the substantive  portion of                                                               
which she  said is  on page 11  beginning at line  30.   She said                                                               
this  ties in  with language  in  section 1  that establishes  an                                                               
intent  to overturn  Williams v.  State.   She  said Williams  v.                                                           
State established  the following:  "When counting  prior felonies                                                             
for  determining  the presumptive  sentence  range  for a  sexual                                                               
felony, a non-sex  felony cannot be counted if  the defendant was                                                               
unconditionally  discharged  more  than   ten  years  before  the                                                               
current felony.                                                                                                                 
                                                                                                                                
MS. SCHROEDER  said there is  a 10-year lookback period  for non-                                                               
sex felonies,  so if an  individual commits a burglary  then goes                                                               
12  years before  committing another  burglary, DOL  cannot count                                                               
that  first  burglary  when determining  a  presumptive  sentence                                                               
range.   However,  she said,  for  sex offenses,  DOL had  always                                                               
counted  all  felonies  no  matter  how  old,  so  a  12-year-old                                                               
burglary would  be counted toward the  presumptive sentence range                                                               
of a  new sex felony.   She explained that the  Williams decision                                                               
disallowed this.  She said Williams  v. State was issued in March                                                             
2018,  so from  that  point forward  sex  offenders will  receive                                                               
lower sentences depending on when  their prior felonies occurred.                                                               
She  explained  section 16  would  make  all prior  felonies,  no                                                               
matter  how   old,  count  toward  determining   the  presumptive                                                               
sentence range for a sexual felony.                                                                                             
                                                                                                                                
2:39:23 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN said he read Williams  v. State.  He said the Alaska                                                             
Court  of Appeals  made specific  reference to  the Alaska  State                                                               
Legislature passing  a law that  indicated that  unclassified and                                                               
Class  A  felonies would  always  be  considered priors  for  any                                                               
offense.                                                                                                                        
                                                                                                                                
MS. SCHROEDER said that is correct.                                                                                             
                                                                                                                                
CHAIR CLAMAN  said the court  mentioned that the  legislature did                                                               
not  do the  same for  Class  B and  C  felonies.   So, he  said,                                                               
someone who  was [convicted  for] a burglary  20 years  ago would                                                               
not have that  conviction held against him or her  for a burglary                                                               
conviction today.   He asked for confirmation that,  should HB 52                                                               
become  law, this  individual's  20-year-old burglary  conviction                                                               
would be considered  a prior for a new sex  offense and would not                                                               
be considered a prior for a new burglary.                                                                                       
                                                                                                                                
MS.   SCHROEDER  asked   if  the   hypothetical  individual   was                                                               
committing a sex offense and burglary together.                                                                                 
                                                                                                                                
2:40:52 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN clarified  his hypothetical to avoid  confusion.  He                                                               
established  that there  are two  different individuals  with 20-                                                               
year-old  burglary   convictions.    Person  A   commits  another                                                               
burglary.  Person  B commits a sex offense.   He said that, under                                                               
current law, neither  could be charged as second-time  felon.  He                                                               
asked, should HB  52 become law, Person A would  still be charged                                                               
as a  first-time felon while Person  B would now be  charged as a                                                               
second-time felon.                                                                                                              
                                                                                                                                
MS. SCHROEDER answered that is correct.                                                                                         
                                                                                                                                
CHAIR CLAMAN asked if the  20-year-old offense were instead a sex                                                               
offense, would it  count as a prior conviction for  purposes of a                                                               
sex offense today.                                                                                                              
                                                                                                                                
MS. SCHROEDER answered that is correct.                                                                                         
                                                                                                                                
CHAIR  CLAMAN asked  if it  would  also count  as a  prior for  a                                                               
burglary today.                                                                                                                 
                                                                                                                                
MS.  SCHROEDER answered,  "I  believe  so, but  let  me check  on                                                               
that."                                                                                                                          
                                                                                                                                
2:42:06 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked if there  is evidence suggesting  that people                                                               
who commit  burglaries more  than 10 years  ago are  somehow more                                                               
likely to commit sex offenses today  than those with no prior sex                                                               
offense history.                                                                                                                
                                                                                                                                
MS. SCHROEDER said  she has no evidence or data  before her.  She                                                               
pointed to  an increasing  pattern of behavior.   She  said that,                                                               
before  Williams v.  State,  the theory  was  that some  criminal                                                             
history is of such a nature that  it should count.  She said that                                                               
could be based on the prior  offense or the current offense.  She                                                               
said, "The  age of the prior  felony goes to the  weight, and not                                                               
necessarily  about whether  or not  it  should or  should not  be                                                               
counted as far as a presumptive term."                                                                                          
                                                                                                                                
2:43:24 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN said  that, statistically  speaking, sex  offenders                                                               
are actually far less likely  to recidivate than those who commit                                                               
property  crimes  and other  crimes.    He  said this  raises  an                                                               
interesting  question  regarding  whether an  individual  who  is                                                               
convicted  of a  first sex  offense should  be imprisoned  longer                                                               
than another individual  convicted of a first  sex offense simply                                                               
because  the  first  individual committed  a  burglary  20  years                                                               
prior.  He  differentiated between the patterns  established by a                                                               
2-year gap in felony convictions and a 20-year gap.                                                                             
                                                                                                                                
MS.  SCHROEDER  noted  that low  sex  offender  recidivism  rates                                                               
reflect what is  currently in Alaska law, which is  to say longer                                                               
prison   sentences   and   the   successful   containment   model                                                               
implemented by DOC.  She  said sex offender recidivism rates need                                                               
to  be  viewed  in  the  context from  which  those  numbers  are                                                               
derived.                                                                                                                        
                                                                                                                                
2:44:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   asked  if   the  reason  we   don't  see                                                               
recidivism from  sex offenders is  because they  are incarcerated                                                               
for so long that they do not get charged again.                                                                                 
                                                                                                                                
MS. SCHROEDER said  she mentioned the containment  model as well.                                                               
She said she is not pointing  to a cause and effect relationship,                                                               
just noting that  an assessment of sex  offender recidivism rates                                                               
require context  regarding the system as  a whole.  She  said she                                                               
does not have any answers on the matter.                                                                                        
                                                                                                                                
2:45:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE WOOL asked if there  is a population of people who                                                               
have committed  felonies and  then, ten  years later,  are commit                                                               
sex  offenses.   He asked  how  this population  compares to  the                                                               
population of sex offenders without prior convictions.                                                                          
                                                                                                                                
MS.  SCHROEDER said  she does  not  have any  statistics on  that                                                               
topic.  She said sometimes  individuals convicted of sex offenses                                                               
have  zero prior  convictions.   She  said sometimes  individuals                                                               
convicted  of  a sex  crime  have  exhibited escalating  criminal                                                               
behavior.   She said DOL  does not keep  a lot of  statistics but                                                               
does observe patterns of behavior.                                                                                              
                                                                                                                                
2:46:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  Ms. Schroeder  to briefly  explain                                                               
the containment  model.  He  also asked  if there are  minimum or                                                               
maximum  age  limits for  inclusion  on  the state  sex  offender                                                               
registry.                                                                                                                       
                                                                                                                                
MS.  SCHROEDER said  the  state sex  offender  registry does  not                                                               
include juveniles.   She deferred  to DOC for  additional details                                                               
about the registry  and to DPS for details  about the containment                                                               
model.                                                                                                                          
                                                                                                                                
2:47:14 PM                                                                                                                    
                                                                                                                                
LAURA  BROOKS,  Deputy  Director,  Division  of  Health  &  Rehab                                                               
Services, Department  of Corrections, said the  containment model                                                               
is  an   evidence-based  program   in  which   specially  trained                                                               
probation  officers   monitor  sex  offenders.     She  said  the                                                               
offenders  on probation  and  parole are  placed  on a  follow-up                                                               
schedule   whereby  they   get  polygraphed.     She   noted  the                                                               
containment model is a critical  tool for monitoring the offender                                                               
population.  She said DOC  can monitor deviant thoughts before an                                                               
offender re-enters his/her  assault cycle.  She  said DOC combats                                                               
this  by tightening  curfews, increasing  the  frequency of  home                                                               
visits,  increasing  the  frequency  of  reports  to  the  parole                                                               
office, and other measures designed to prevent re-offense.                                                                      
                                                                                                                                
2:48:38 PM                                                                                                                    
                                                                                                                                
MS.  SCHROEDER  addressed sections  17  and  18.   She  said  the                                                               
changes in  those sections are  conforming changes because  HB 52                                                               
would make certain offenses felonies.                                                                                           
                                                                                                                                
MS. SCHROEDER addressed sections 19  and 20, which she said refer                                                               
to  the sex  offender registry.   She  said these  sections would                                                               
require anyone who is required to  register as a sex offender out                                                               
of  state to  also register  in  Alaska if  he/she is  physically                                                               
present in the  state.  She said section 1  has an intent section                                                               
related to sections  19 and 20.  She said  this requirement would                                                               
be a matter  of comity and would not be  punitive.  She explained                                                               
that Alaska  has a  very transient  population with  people often                                                               
entering and  leaving the state.   She said SOA does  not want to                                                               
see Alaska  become a  safe haven  for those  who are  required to                                                               
register out of  state.  She said if those  individuals are going                                                               
to  be in  Alaska,  SOA  wants to  be  informed  and wants  those                                                               
individuals to register.                                                                                                        
                                                                                                                                
2:49:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  established  a   scenario  in  which  an                                                               
individual who  is one day  shy of  turning 18 engages  in sexual                                                               
assault in  the third  degree with  a victim who  is more  than 6                                                               
years younger.   He  asked if the  offending individual  would be                                                               
required to register as a sex offender.                                                                                         
                                                                                                                                
MS. SCHROEDER said that, in  this scenario, the offender would be                                                               
adjudicated  as a  juvenile and  thus  would not  be required  to                                                               
register.                                                                                                                       
                                                                                                                                
2:50:47 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN said  it is his understanding there are  a number of                                                               
states  that  have  made  public  urination  a  registerable  sex                                                               
offense.    He  said  this   raises  an  issue  because  Alaska's                                                               
geography  sometimes  makes  it  difficult  to  avoid  having  to                                                               
urinate  outdoors.    He  pondered  the  possibility  of  forcing                                                               
someone from out of state to  register in Alaska for conduct that                                                               
would  not  seem so  terrible  to  Alaskans.    He asked  if  Ms.                                                               
Schroeder  has   seen  anything  about  public   urination  as  a                                                               
registerable  sex offense  in other  states.   He asked  how that                                                               
would be treated in Alaska.                                                                                                     
                                                                                                                                
2:52:16 PM                                                                                                                    
                                                                                                                                
MS.  SCHROEDER  referenced  a report  from  Legislative  Research                                                               
Services on the topic.   She noted that it is  not always the act                                                               
of urination  that is  criminalized, rather  the exposure  of the                                                               
genitals to commit the act of urination.                                                                                        
                                                                                                                                
CHAIR CLAMAN quipped,   ometimes it's  hard to go to the bathroom                                                               
without exposing some genitals."                                                                                                
                                                                                                                                
MS. SCHROEDER said  she understands.  She said she  would want to                                                               
see what  another state's statute  actually criminalizes  and how                                                               
that may  or may  not compare  to Alaska statute.   She  said the                                                               
list of criminalized offenses that  she had seen would, depending                                                               
on  the  circumstances,  also be  registerable  sex  offenses  in                                                               
Alaska.                                                                                                                         
                                                                                                                                
CHAIR CLAMAN asked if there are  other offenses that might not be                                                               
registerable in Alaska.                                                                                                         
                                                                                                                                
MS. SCHROEDER  answered yes, depending  on the  circumstances and                                                               
how they are criminalized in the other jurisdiction.                                                                            
                                                                                                                                
2:53:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  said he was  surprised to learn  that, in                                                               
some other  states, there are people  as young as six-  or seven-                                                               
years-old  who are  required to  register as  sex offenders.   He                                                               
noted  that  Alaska  does  not   require  people  that  young  to                                                               
register.  He  asked if HB 52 would require  those individuals to                                                               
register should they come to Alaska.                                                                                            
                                                                                                                                
MS. SCHROEDER said  the individual would have to  be convicted of                                                               
a  registerable  sex  offense.     She  said  the  definition  of                                                               
"conviction"  in Alaska  specifically excludes  those adjudicated                                                               
as juveniles.  She said  juveniles adjudicated out of state would                                                               
likewise not be required to register.                                                                                           
                                                                                                                                
2:53:57 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN noted that Ms.  Price discussed the notion of Alaska                                                               
being a  "safe haven."   He asked  if there are  a lot  of people                                                               
coming to  Alaska from out  of state  who are registering  as sex                                                               
offenders.                                                                                                                      
                                                                                                                                
MS. SCHROEDER deferred to Kathryn Monfreda from DPS.                                                                            
                                                                                                                                
2:54:20 PM                                                                                                                    
                                                                                                                                
KATHRYN  MONFREDA,  Director,  Division  of  Statewide  Services,                                                               
Department of Public  Safety, said the answer  is approximately 3                                                               
to 4 new sex offender registrants from out of state each month.                                                                 
                                                                                                                                
CHAIR  CLAMAN  asked approximately  how  many  sex offenders  are                                                               
currently  registered in  Alaska and  how many  out of  those are                                                               
from out of state?                                                                                                              
                                                                                                                                
MS.  MONFREDA said  there are  approximately 3,600  sex offenders                                                               
registered in  Alaska.  She  said she would  have to get  back to                                                               
the  committee  with  the  number   of  those  with  out-of-state                                                               
convictions.                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked  if the number of  out-of-state convictions is                                                               
significant, for example more than 10 percent.                                                                                  
                                                                                                                                
MS.  MONFREDA answered  she does  not know  at the  moment.   She                                                               
agreed to get that information to the committee.                                                                                
                                                                                                                                
2:55:58 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER  addressed section 21,  which she said  would amend                                                               
the  discretionary parole  statute.   She  said  the language  in                                                               
lines 27  through 31  on page  15 prohibits  discretionary parole                                                               
for serious  sex offenses.  She  said the language is  already in                                                               
statute  and section  21 would  simply  shift it  to a  different                                                               
subsection for clean-up purposes.                                                                                               
                                                                                                                                
CHAIR CLAMAN said that is more of a technical change.                                                                           
                                                                                                                                
MR.   SCHROEDER  said   she  wanted   to  ensure   the  committee                                                               
understands that HB 52 would not change eligibility.                                                                            
                                                                                                                                
2:57:00 PM                                                                                                                    
                                                                                                                                
MS. SCHROEDER  continued with section  21 and pointed to  lines 1                                                               
through  4  on  page  16,  which  she  identified  as  clarifying                                                               
language pertaining to  "good time."  She said  an individual who                                                               
is not eligible  for a good time deduction  from his/her sentence                                                               
would also  not be eligible  for discretionary parole.   She said                                                               
those  not eligible  for a  good  time deduction  are repeat  sex                                                               
offenders.     She  said  it   does  not  make  sense   to  allow                                                               
discretionary  parole  for repeat  sex  offenders  who have  been                                                               
disallowed good time deductions.                                                                                                
                                                                                                                                
2:57:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked if  it is  clear in  HB 52  that an                                                               
inmate who does not earn good  time deductions on account of poor                                                               
behavior  would not  be  placed  in the  category  of  not  being                                                               
eligible for good time.                                                                                                         
                                                                                                                                
MS. SCHROEDER asked  if he meant "not  eligible for discretionary                                                               
parole."                                                                                                                        
                                                                                                                                
REPRESENTATIVE  EASTMAN   clarified  that  HB  52   would  create                                                               
consequences  for  those  who  are not  eligible  for  good  time                                                               
deductions.  He  said he wanted to ensure the  category of people                                                               
who  are not  eligible  for those  deductions  would not  include                                                               
individuals  who  did not  earn  deductions  on account  of  poor                                                               
behavior.                                                                                                                       
                                                                                                                                
MS. SCHROEDER answered that  Representative Eastman was referring                                                               
to a separate situation.  She pointed  to line 3 on page 16 which                                                               
includes  a  reference  to AS  33.20.010(a)(3)  which  identifies                                                               
repeat  sex offenders  as ineligible  for  good time  deductions.                                                               
She  said they  would therefore  be ineligible  for discretionary                                                               
parole.                                                                                                                         
                                                                                                                                
2:58:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked if  Ms.  Schroeder  could go  over                                                               
section 1.                                                                                                                      
                                                                                                                                
MS.  SCHROEDER  said  section 1  includes  intent  language  that                                                               
relates  to Williams  v. State  and the  legislation's intent  to                                                             
overturn it.   She said  the intent language is  included because                                                               
it would be  useful for future litigation.  She  said other parts                                                               
of  section 1's  intent language  relate to  the registration  of                                                               
out-of-state sex offenders and the  intent to overturn the Alaska                                                               
Supreme Court's 2018  decision in State of  Alaska, Department of                                                             
Public Safety v  John Doe, which determined  that an out-of-state                                                             
sex offender  need not register in  Alaska if the state  does not                                                               
have an  offense that  is similar  to that  for which  he/she was                                                               
convicted.    She said  the  intent  section clarifies  that  the                                                               
change is  not meant  to be  punitive, rather it  is a  matter of                                                               
comity and protection of the public.                                                                                            
                                                                                                                                
3:00:16 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN thanked Ms. Schroeder for her presentation.  HB 52                                                                 
was held for further review.                                                                                                    

Document Name Date/Time Subjects
Commissioner of Corrections Appointment-Nancy Dahlstrom Resume 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HB052 ver A 3.11.19.PDF HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Transmittal Letter 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Sectional Analysis ver A 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Bill Highlights 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Additional Document-Indecent Viewing or Production 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Fiscal Note DHSS-PS 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Fiscal Note LAW-CRIM 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Fiscal Note DPS-CJISP 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Fiscal Note DOA-OPA 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Fiscal Note DOA-PDA 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52
HB052 Fiscal Note DOC-IDO (Updated) 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HB 52
HB052 Fiscal Note DOC-PB 3.11.19.pdf HJUD 3/11/2019 1:30:00 PM
HJUD 3/15/2019 1:30:00 PM
HB 52