04/21/1998 08:17 AM House STA

SB 244 - POLYGRAPHS FOR CORRECTIONAL OFFICERS                                  
                                                                               
CHAIR JAMES announced the first order of business is SB 244, "An               
Act relating to polygraph or other lie-detecting testing for                   
certain correctional officers," sponsored by Senator Ward.                     
                                                                               
Number 0007                                                                    
                                                                               
CRAIG JOHNSON, Legislative Administrative Assistant to Senator                 
Ward, Alaska State Legislature, came before the committee.  He said            
SB 244 is a very simple bill, basically it would allow that                    
correctional officers are administered polygraph testing as a pre-             
employment screening device, investigations, etcetera.  Currently              
the only people that the state allows to take polygraph tests are              
police officers and certain transportation officials.  Those would             
be the security guards at the airport.  This basically brings                  
correctional officers who are armed and exhibit a great amount of              
power over their subjects to be brought under that same capability             
of having that test administered.  He indicated it is supported by             
both the unions that represent their correctional officers and                 
there has been no opposition as of yet to this piece of                        
legislation.                                                                   
                                                                               
Number 0016                                                                    
                                                                               
CHAIR JAMES asked what is the accuracy factor of lie detector                  
examinations.                                                                  
                                                                               
MR. JOHNSON said he couldn't speak to that because he isn't an                 
expert on lie detectors.  He indicated he knows they are used in               
pre-employment screening for police officers.  They are not the                
definitive answer but it might lead to a further investigation, it             
may not be the only thing that disqualifies an individual for                  
employment, but it might lead to further research into the                     
background of that individual.  Generally they're accepted, by the             
police department and the employment, as acceptable - with                     
acceptable measures, certainly not a 100 percent.                              
                                                                               
Number 0024                                                                    
                                                                               
REPRESENTATIVE IVAN IVAN noted there are cultural differences and              
backgrounds in some areas which this may cause confusion for some              
Alaska Natives.  He used Bethel as an example, he asked where the              
tests are taken and who pays for them.                                         
                                                                               
MR. JOHNSON replied the cost would be absorbed by the state.  He               
noted there is no fiscal note, so it would be very much like                   
filling out the application, the application is provided by the                
state.  In terms of the cultural differences, there's nothing in               
this bill that mandates the lie detector.  Currently they can                  
administer it to correctional officers - this gives them the                   
ability to.                                                                    
                                                                               
CHAIR JAMES reiterated it's not mandatory, it's just an option.                
                                                                               
MR. JOHNSON replied yes.                                                       
                                                                               
Number 0037                                                                    
                                                                               
CHAIR JAMES indicated that there might be something else in the                
application that would make them determine that (indisc. -                     
coughing) to do a lie detector test, some trigger, or would they               
just choose to do it all the time.  Chair James indicated she had              
a problem with not everybody filling them out because if you don't             
you're discriminating against people.  She said, "I have a little              
problem with giving a lie detector test to this person but not this            
person."                                                                       
                                                                               
MR. JOHNSON explained it's not mandatory.  He stated he can't speak            
to how the department will administer it that would be a policy                
decision, they may choose to only do it in case of an investigation            
where they've got a problem inside an institution and then they                
chose to administer a lie detector test.  They might use it as pre-            
employment screening.  He reiterated that he can't speak to how                
they would use it, but this gives them the capability of using it.             
They might not use it for pre-employment.                                      
                                                                               
Number 0048                                                                    
                                                                               
CHAIR JAMES clarified it's currently allowed for police officers               
but not for correctional officers.                                             
                                                                               
MR. JOHNSON replied, "Yes, and no one else in the state with the               
exception of those limited transportation officials who are police             
officers in terms of airport security.  So, technically have all               
the rights of police officers - are armed.  Those are the only two             
categories right now that can take the lie detector test, this just            
adds correctional officers into that."                                         
                                                                               
Number 0052                                                                    
                                                                               
REPRESENTATIVE JOE RYAN made a motion to move SB 244, with                     
individual recommendations and attached zero fiscal note.  There               
being no objections, SB 244 moved from the House State Affairs                 
Standing Committee.