Legislature(2005 - 2006)BUTROVICH 205
01/19/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB200 | |
| SB218 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 200 | TELECONFERENCED | |
| *+ | SB 218 | TELECONFERENCED | |
| + | SB 10 | TELECONFERENCED | |
SB 218-CRIMINAL SENTENCING AND POLYGRAPHS
9:35:12 AM
VICE-CHAIR CHARLIE HUGGINS announced SB 218 to be up for
consideration.
SENATOR CON BUNDE, bill sponsor, introduced SB 218 with a short
summary of the bill. SB 218 would increase the minimum sentence
for the most egregious unclassified and Class A sexual felonies
to a minimum of 25 years. It proposes to restructure and
increase sentencing in Class C and Class B sexual offenses. It
would require periodic polygraph testing for repeat sexual
offenders who are on probation or parole and it would implement
changes in the sex offender registry.
Alaska has the reputation of having the highest per capita
sexual abuse rate in the nation. Reported cases are the tip of
the iceberg since many offenses go unreported. Current laws are
not working and serious changes must be made.
9:39:14 AM
SENATOR BUNDE advised the committee that the bill would be
expensive for the state but a necessary cost. The polygraph is
not admissible in court but other states have found it to work
well at reducing recidivism rates. He indicated a report in the
bill packet that shows treatment does not achieve the desired
results and does very little to reduce re-offending. He thanked
Senator Guess for her work on the bill.
9:42:17 AM
SENATOR GUESS moved to adopt a committee substitute (CS) for SB
218, version I. Hearing no objection, the motion carried.
SENATOR THERRIAULT asked for an explanation of the amendment
that accompanied the CS.
VICE-CHAIR HUGGINS ordered committee members to hold off on the
amendment process but asked Senator Guess to explain the
proposed amendment.
SENATOR GUESS explained the amendment in the packet would be
Amendment 1 at some point. It moves sexual assault of a minor 3
(SAM3) that has to do with sexual penetration to SAM2. It says
that in Alaska sexual assault of a minor with penetration will
be either a SAM1 or SAM2 offense. Also, an attempt at sexual
penetration of a minor would result in a SAM3 charge. Current
law says that an attempt would be a misdemeanor so the amendment
would deem anything that has to do with sexual penetration of a
minor to be an automatic felony.
9:44:34 AM
SENATOR THERRIAULT asked the outcome of a case that was pled
down.
SENATOR GUESS deferred to Ms. Parkes except to say there were
two areas: sexual penetration and sexual contact. The amendment
deals specifically with penetration, which has a definition in
statute. Sexual contact can be pled down to a misdemeanor.
9:45:50 AM
SENATOR BUNDE added the impact on the minor mentally and
physically is far more egregious than the punishment doled out
to the offender. SB 218 would prove that the state shows serious
concern for the victims.
VICE-CHAIR HUGGINS called Anna Fairclough to testify.
9:47:52 AM
MS. ANNA FAIRCLOUGH, Executive Director, Standing Together
Against Rape (STAR), testified their organization supports SB
218. Alaskans need to institute harsher and longer sentencing
for better protection of its citizens. She claimed that as men
age they become less likely to perpetrate so longer sentences
would serve to help eliminate re-offenses.
9:53:53 AM
SENATOR FRENCH commented the use of a polygraph exposes far more
victims than people are aware of. An Alaska Judicial Counsel
report of 2004 said 91 percent of sexual assault in the first
degree charges resulted in reduced charges. 79 percent of SAM1
and 83 percent of SAM2 cases ended up with reduced or dismissed
charges. He expressed concern regarding the pressure within the
system to reduce charges for expediency purposes.
9:57:35 AM
SENATOR BUNDE said that since all the sentences would be
ratcheted up, there would still be substantially more time
served even if the person were to plead down. However, he would
rather the perpetrator be prosecuted to the fullest extent.
SENATOR GUESS referred to page 5 section 6 and highlighted the
importance of the polygraph section as being a tool for
protecting the public.
SENATOR THERRIAULT agreed with the polygraph section of the bill
but expressed concern over the accompanying fiscal notes.
10:01:45 AM
VICE-CHAIR HUGGINS asked Senator Bunde whether the polygraph
responsibility would lie with the Department of Corrections.
SENATOR BUNDE said yes but that the offender would have to bear
some of the cost. He added that perpetrators are generally in a
state of denial and the polygraph would help stem the deceit.
VICE-CHAIR HUGGINS called for representatives from the
Department of Law (DOL) and the Department of Corrections (DOC)
to testify.
10:04:47 AM
MS. SUSAN PARKES, Deputy Attorney General, Criminal Division,
Department of Law (DOL) and MS. PORTIA PARKER, Deputy
Commissioner, Department of Corrections (DOC) introduced
themselves.
MS. PARKES advised the committee that the department fully
support the bill. It targets sex offenders and sends a message
throughout the state that this type of behavior will not be
tolerated. The DOL normally operates in a reactive mode in
response to re-offenders but the polygraph section would work as
an active, important, pro-active tool. The department
anticipates that there would be additional costs to the court
system.
Plea-bargaining would continue to occur simply because sex abuse
cases are difficult to prosecute. Often victims are found not
competent to testify, and sometimes parents plead not to put the
child on the stand. The system cannot allow every case to go to
trial. She said four percent of all felony cases go to trial yet
despite that, there is a backlog in the system. There has been a
bill introduced by the Governor to increase the number of
superior court judges around the state to deal specifically with
the criminal backlog.
10:09:42 AM
On the average there are approximately 300 felony trials waiting
for trial, and that includes homicide. Overall, despite plea-
bargaining, SB 218 would still put sex offenders behind bars and
once they are out they will be polygraphed. SB 218 also
recognizes that there are people who should never get out of
prison.
10:11:12 AM
SENATOR THERRIAULT asked Ms. Parkes whether the DOL has
considered just using the polygraph system to keep perpetrators
from re-offending rather than also upping sentencing, which adds
great costs to the state.
MS. PARKES said extending the sentences for repeat offenders is
appropriate. In terms of the new ranges, they are higher for
victims under 13 years of age, so that is a target area.
Testimony shows there would be more victims were the sentences
to remain lighter.
10:13:30 AM
MS. PARKER elaborated the US Department of Justice training
shows using the polygraph is best practices, yet even with the
best possible supervision, there are still re-offenders. The
polygraph provides more information and results in better
offender management and so it does allow for better supervision.
When the full model is implemented, offenders tend to be more
successful. Longer sentences should be dealt to repeat offenders
and/or psychopaths for the safety of the public.
10:17:17 AM
Relapse is always a risk with sex offenders. The best thing
about the polygraph is it gives a lot of information that can be
shared with the treatment provider and with the supervising
officer. It results in preventing crimes and provides for
quicker intervention.
10:19:12 AM
SENATOR THERRIAULT wondered whether it made more sense to impose
longer probation instead of longer sentences. He said since the
polygraph has been proven to work in keeping sex offenders on
the right path, would it be more cost effective to try longer
probation with polygraph. He also asked the experience of other
states that have used polygraph extensively.
MS. PARKER stated there was success when used with treatment and
supervision with the polygraph. What offenders say is it is like
having a constant leash. The polygraph test is usually given
quarterly. Other states have lifetime probation for certain
level sex offenders depending on risk. Incarceration is the only
way to make sure the offenders are not out causing more victims.
10:22:55 AM
SENATOR THERRIAULT asked whether Alaska was obligated under the
Interstate Compact Act to accept sex offenders from other
states.
MS. PARKER said due to the Interstate Compact Guidelines
interstate travel is easier for sex offenders. However, under
certain conditions Alaska has the ability to disallow sex
offenders from entering the state.
SENATOR THERRIAULT asked whether Alaska would be able to impose
a polygraph on someone who was convicted on a sex offense under
a jurisdiction that did not have the polygraph testing.
MS. PARKER said absolutely.
10:24:08 AM
SENATOR FRENCH asked Ms. Parker whether polygraph testing could
be instituted for the people who were already in prison serving
their sentences for a sex abuse crime.
MS. PARKER informed members there is a current project for sex
offenders on parole to get a special condition added that allows
for the polygraph but they currently are limited to the number
of offenders they can polygraph due to a shortage of examiners.
The DOC is specifically asking to add the polygraph for high-
risk offenders as a condition of their parole.
10:26:29 AM
SENATOR FRENCH asked whether probation officers would be trained
to administer polygraphs and how the examiners would cover the
state.
MS. PARKER advised that the DOC does not currently have
corrections officers run polygraphs. They use a sex offender
specific provider. Colorado first started in 1989 by requiring
that all sex offenders be subject to polygraph testing as a
condition to parole and they went from using two to using 33
polygraph examiners. She recommended that Alaska have more than
one provider in the case of disputes. The contractor would
travel to remote locations. There are providers who desire to
come to Alaska but have not yet as there currently is not enough
work.
10:29:54 AM
SENATOR FRENCH asked whether the DOL expects a court challenge
to the law regarding extended sentences. He expressed concern
that the proposed sentence ranges are stiffer than murder in the
second degree.
MS. PARKES admitted that is a concern, which has been discussed.
The bill proposes a dramatic jump on the sentence range. She
encouraged the Legislature to put on the record the findings
behind why the changes are being made. A letter of intent or
appropriate justification would be in order to pro-actively
address any such challenges.
10:32:02 AM
SENATOR GUESS mentioned she and Senator Bunde were aware of the
findings requested by the DOL.
SENATOR THERRIAULT asked whether a letter of intent would be
enough or whether findings were necessary.
MS. PARKES stated actual findings would give the basis and the
facts the Legislature relied to reach their conclusion.
SENATOR GUESS asked whether a polygraph could be added to
probation conditions for people who were currently in prison.
10:34:45 AM
MS. PARKES responded people who have already been sentenced with
conditions already set by a judge probably could not have
additional conditions added.
MS. PARKER added with parole there is no supervision unless the
person already has probation.
SENATOR THERRIAULT mentioned one of the fiscal notes was signed
by the director of the Office of Public Advocacy and asked
whether that was a technical issue.
Vice-Chair Huggins held SB 218 in committee.
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