Legislature(2005 - 2006)SENATE FINANCE 532
02/09/2006 09:00 AM Senate FINANCE
| Audio | Topic |
|---|---|
| Start | |
| SB 233 | |
| SB218 | |
| HB 243 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 233 | TELECONFERENCED | |
| += | SB 218 | TELECONFERENCED | |
| + | SB 188 | TELECONFERENCED | |
| + | HB 243 | TELECONFERENCED | |
| + | TELECONFERENCED |
10:08:20 AM CS FOR SENATE BILL NO. 218(JUD) "An Act relating to sex offenders; relating to reporting of sex offenders and child kidnappers; relating to periodic polygraph examinations for sex offenders released on probation or parole; relating to sexual abuse of a minor; relating to sentencing for sex offenders and habitual criminals; and providing for an effective date." This was the second hearing for this bill in the Senate Finance Committee. Senator Bunde, sponsor of the bill, relayed a media report of an Internet sting operation in the state of California in which over 60 perpetrators were arrested after attempting to meet in person someone who they thought to be a 13 year-old boy or girl. The majority of those arrested were found to be repeat sexual assault offenders. Advances in technology have facilitated the perpetration of these crimes and the timing of this legislation is critical to address the situation. Senator Bunde utilized the California example as proof of the willingness of sexual assault offenders to re-offend. This challenges the argument that the offenders are "misunderstood" individuals who must be given special consideration. Senator Bunde moved for adoption of CS SB 218, 24-LS1307\P as a working document. Co-Chair Green objected for an explanation. 10:11:36 AM Senator Bunde cited language on page 3, lines 3 through 6 that would allow for attorney client privilege as a defense if an attorney had knowledge that his or her client has failed to register as a sex offender. 10:12:13 AM Senator Bunde noted language inserted on page 7, line 30 and page 8, lines 10 and 11 would provide that all sex offenders must register. He told about a constituent investigating the registry and discovering that over 200 registered sex offenders resided in the same area as the constituent. 10:13:28 AM Senator Bunde then directed attention to language inserted to page 10 lines 14 and 15 that would extend the provision requiring polygraph examinations of sex offenders on probation or parole to include "offenses committed before, on, or after the effective date of this Act." 10:13:58 AM Co-Chair Green withdrew her objection to the adoption of the committee substitute. Without further objection, CS SB 218, 24-LS1307\P, was ADOPTED as a working document. 10:14:29 AM JAMES HELGOE, Lieutenant, Alaska State Troopers, Department of Public Safety, testified via teleconference from an offnet location that he was available to respond to questions. 10:15:19 AM GALEN PAINE, Defense Attorney, testified via teleconference from Sitka, to urge the Committee to not rely on anecdotal evidence but rather to consider the effect of increased penalties and understand the core of the issue, which is the crimes of sexual offense. Efforts on preventing these crimes should be increased and punishment alone should not be relied upon to address the issue. Ms. Paine pointed to historical data, noting that ten to 15 years ago, sentences for these offenses were considerably lighter and have been increasing steadily since. However, the number of sexual assault offenses has increased as well. She suggested the legislature allow time for the latest sentencing increases to be in effect before making additional statutory changes. Ms. Paine informed that the number of incarcerated Alaska Natives would also increase. More people in total would be incarcerated at a significant expense to the State. Some of those funds should instead be utilized for prevention and alcohol abuse treatment programs. Ms. Paine examined the people this legislation is intended to address: sexual predators. However, other people are guilty of sexual offenses and this bill would "rush them to jail". Ms. Paine told of a 19-year-old high school freshman student in a small village near Bethel who had dated a 15-year-old girl with the full knowledge of both sets of parents. The man, whom Ms. Paine represented, was of limited intelligence and the girl was intellectually more mature than he. The relationship was reported to authorities, the man was convicted and he faced a ten to 15-year jail sentence. The sentence was never meted out because the man committed suicide before the sentencing hearing was held. He had not known he was doing anything wrong. Out of shame that he felt for himself and thought he had inflicted on his family and girlfriend, he ended his life. 10:20:49 AM Senator Dyson indicated he likely had less experience in dealing with sexual abuse situations, although he had more than he would prefer. He agreed that all child molesters are not the same and understood the witness to assert that all offenders should not be considered in a "blanket way". He asked if the witness had data to suggest that a certain subset of child molesters are not likely to re-offend. 10:21:40 AM Ms. Paine did not know of any particular study. Although she cautioned against anecdotal evidence, her experience has been that most high school students who are convicted because of sexual conduct with a girl they are dating who is three years younger than they, are likely to never re-offend. In addition some alcohol- related offenses are not likely to be repeated. 10:22:43 AM Senator Dyson clarified that because no evidence exists to demonstrate whether some offenders would be less likely to commit sexual assault again, this bill should not be adopted into law. 10:23:01 AM Ms. Paine corrected that she herself did not have this data. However, the Department of Law has access to evidence showing the probabilities. She also understood that a letter was submitted to the Committee from another source that detailed studies related to recidivism rates of sex offenders. 10:23:21 AM STACY WALKER, Attorney, testified via teleconference from Anchorage and gave her varied background in the legal profession. She opposed the provision in the bill that would establish mandatory minimum sentences for first time offenders. She emphasized her concern did not pertain to the sexual predators Senator Bunde referred to, but rather to the need for judicial officers to have discretion in cases with differing circumstances. Ms. Walker described an instance in which she was sexually assaulted by a taxi driver and told about situations when she was a teenager with dates who made sexual advances. Although she did not give consent in any of these incidences, they were not "life defining" situations either. However, she learned to be more cautious in future encounters. Ms. Walker recalled that as a public defender, most cases she handled involved parties who knew each other and "things got out of hand." She expressed concern with imposing mandatory minimum sentences in cases in which the man misunderstood the situation or the woman did not clarify her lack of consent. Ms. Walker spoke about her service in the U.S. Air Force as a Judge Advocate General (JAG). Many cases of alleged sexual assault with insufficient evidence and significant probable cause were taken to trial as a result of media attention and public outcry. In most instances the jury performed as it should and passed fair judgment; however sometimes the jury did not. Ms. Walker stressed that the judges should decide the appropriate sentences. 10:29:37 AM Co-Chair Green announced the closure of public testimony on this legislation. 10:29:47 AM Senator Bunde contended that when a person is arrested for sexual assault it is usually after a long period of this behavior, as many cases go unreported. Society has responsibility to set standards and one way to change behavior is with long prison sentences. A person would know to make the status of a relationship very clear because of the consequences of misinterpretation. Alcohol treatment programs and sex offender treatment programs in Alaska are ineffective. Personal responsibility must be taken. Senator Bunde stated that juries usually do well in rendering verdicts, although he admitted that in some cases they do not. Gray areas would exist. However, the number of cases in which the guilty party was convicted would justify the risk of such mistakes. 10:32:56 AM Senator Stedman contended that opposition to long sentences for second and third offences would be a difficult position to justify. However, more judicial discretion should be allowed for cases involving first offences of lesser charges. The results of increased sentences mandated by other recently enacted legislation should be monitored before additional increases are made. He was "uncomfortable with this direction" and suggested that the impacts should be considered. 10:34:28 AM Co-Chair Green asked if Senator Stedman intended to offer an amendment to address this concern. 10:34:32 AM Senator Stedman indicated he would not object to reporting this bill from Committee, although he would give it no recommendation. He supported changing the minimum sentencing for a Class C felony of sexual assault. He was not concerned with the proposed sentencing requirements for the greater offenses. Judges should be given flexibility to address some of the issues related to these charges. 10:35:24 AM Senator Hoffman pointed out that as a co-sponsor of this legislation, he deemed sexual assault to be a serious matter. However, he agreed with Senator Stedman's argument that discretion should provided in situations involving first time offenders. 10:35:46 AM Senator Dyson did not share the prime sponsor's contention that treatment programs for sexual offenders are ineffective. He told of residents at the Highland Mountain correctional facility who participated in a treatment program and had success. The program was dismantled, wrongly in his opinion. Senator Dyson was told that one type of sexual assault offender that likely could be rehabilitated was one who molested his own children. This crime is "particularly heinous." Other types of offenders would be more likely to re-offend and not respond to treatment. Senator Dyson expressed his intent to vote for passage of this bill from Committee and to prepare an amendment to be offered before the full Senate to address first time offenses. 10:37:43 AM Co-Chair Green cited data she had regarding the treatment program formerly offered at the Highland facility concluded that only five percent of participants completed the entire program. AT EASE 10:38:05 AM 10:38:19 AM Amendment #1: This amendment deletes "three" and inserts "one" to subparagraph (A) of AS 12.55.125(i)(4) amended in Section 4 on page 5, line 27. The amended language reads as follows. (A) if the offense is a first felony conviction, one to 12 [ONE TO TWO] years; New Text Underlined [DELETED TEXT BRACKETED] Senator Stedman offered a motion to adopt the amendment to reduce the mandatory minimum sentence for first time offenses of sexual assault in the third degree, incest, indecent exposure in the first degree, possession of child pornography, or attempt, conspiracy, or solicitation to commit sexual assault in the second degree, sexual abuse of a minor in the second degree, unlawful exploitation of a minor, or distribution of child pornography. 10:38:56 AM Co-Chair Green objected for discussion purposes. 10:39:10 AM Senator Bunde remarked that as an individual, he should pay attention to his actions and the consequences of those actions. If he were to violate the law, he would know he was required to "pay the price". Senator Bunde acknowledged the challenge in establishing minimum sentencing. The length of the sentences is a judgment call for the legislature to make. Regardless of the length of the mandated sentences, the danger would exist that some offenders should be incarcerated longer than provided and that other offenders would be incarcerated who should not be. Given the risks, he chose to error on the side of being more restrictive. 10:41:45 AM PORTIA PARKER, Deputy Commissioner, Department of Corrections, testified that the Department has no position on the amendment. She noted that more sexual assaults are being reported than in previous years. 10:45:02 AM SUSAN PARKS, Deputy Attorney General, Criminal Division, Department of Law, testified that the amendment requires a policy call for the legislature. The Department has supported a wider sentencing range of minimum sentencing to account for different circumstances. This could result in disparate sentencing because judges have differing opinions on right and wrong. She suggested extending the maximum sentence, currently in statute as two years and not changing the current minimum sentence of one year. 10:46:51 AM Senator Hoffman pointed out that the sentencing ranges for the more serious offenses would be greater than for the lesser crimes and therefore this amendment would not be in contradiction to the intent of the bill. He spoke to Senator Bunde's comment, noting that potential offenders would still risk the possibility of 12 years in prison. 10:48:31 AM Senator Bunde suggested prosecutorial discretion would be available. In many instances, prosecutors might chose to not file charges. He would not object to the adoption of the amendment if it would provide assurances and acceptance of the entire bill. 10:49:17 AM Senator Dyson stated he would support a minimum sentence of two years, but could not support a one-year minimum. Senator Dyson agreed with Co-Chair Green's assessment of the treatment program at the Highland facility. However, the success rate for those participants who completed the program was good. The program was rigorous and many dropped out before completion. 10:49:54 AM Co-Chair Green withdrew her objection to the adoption of the amendment. 10:50:08 AM Senator Dyson objected. 10:50:11 AM A roll call was taken on the motion. IN FAVOR: Senator Stedman, Senator Bunde, Senator Hoffman, Senator Olson, Co-Chair Wilken and Co-Chair Green OPPOSED: Senator Dyson The motion PASSED (6-1) The amendment was ADOPTED. 10:50:44 AM Senator Bunde offered a motion to report CS SB 218, 24-LS1307\P, as amended from Committee with individual recommendations and new and accompanying fiscal notes. There was no objection and CS SB 218 (FIN) MOVED from Committee with zero fiscal note #1 from the Department of Public Safety, indeterminate fiscal note #4 from the Department of Law, a indeterminate fiscal note dated 1/26/06 from the Alaska Court System, an indeterminate fiscal note dated 1/28/06 from the Department of Administration, a zero fiscal note dated 1/26/06 from the Department of Corrections, Institutional Facilities Results Delivery Unit (RDU), a zero fiscal note dated 1/30/06 from the Department of Corrections, Probation and Parole RDU, and a zero fiscal note dated 2/01/06 from the Department of Corrections, Administrative Services and Support RDU. AT EASE 10:50:59 AM
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