Legislature(2007 - 2008)BUTROVICH 205

03/15/2007 03:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 7 FELONS' RIGHT TO VOTE TELECONFERENCED
Heard & Held
+= SB 36 SENTENCING FOR ALCOHOL-RELATED CRIMES TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 64 DISCLOSURES & ETHICS
Moved CSSB 64(JUD) Out of Committee
= SB 89 ELECTRONIC MONITORING OF GANG PROBATIONER
Moved CSSB 89(JUD) Out of Committee
                  SB   7-FELONS' RIGHT TO VOTE                                                                              
                                                                                                                                
3:49:25 PM                                                                                                                    
CHAIR FRENCH announced the consideration  of SB 7 and solicited a                                                               
motion to adopt Version \L committee substitute (CS).                                                                           
                                                                                                                                
SENATOR  HUGGINS  motioned to  adopt  Version  \L  CS for  SB  7,                                                               
labeled, 25-LS0100\L as the working document.                                                                                   
                                                                                                                                
CHAIR  FRENCH explained  that the  CS distinguishes  among felons                                                               
according  to  the   category  of  crime  for   which  they  were                                                               
incarcerated. The categories  are broken out on page  1, lines 8-                                                               
13. The idea  is to continue under the existing  system, which is                                                               
to not  restore the rights of  released felons if they  have been                                                               
convicted of  an unclassified felony  or a class A  felony. Also,                                                               
voting  rights would  not be  restored to  repeat felons  who are                                                               
released from prison.                                                                                                           
                                                                                                                                
In summary the  policy call is that someone is  able to vote upon                                                               
release from incarceration  after having served time  for a lower                                                               
level felony.  Someone who has  been convicted of  rape, robbery,                                                               
or   murder  would   have  to   complete  the   requirements  for                                                               
unconditional discharge  before regaining the right  to vote. The                                                               
other  sections are  conforming  amendments to  make the  changes                                                               
work  for the  Division  of Elections.  Under  the current  draft                                                               
there  would  be  two  classes  of  felons:  one  group  that  is                                                               
restricted and another that is able to vote upon release.                                                                       
                                                                                                                                
CHAIR  FRENCH drew  attention to  page 2,  line 15  and said  the                                                               
director of the Division of  Elections has asked the committee to                                                               
consider amending subsection  (a) so that the  onus for obtaining                                                               
the  names of  persons convicted  of a  felony is  placed on  the                                                               
Department of  Corrections (DOC) rather  than on the  director of                                                               
elections.  The  argument  is that  DOC  officials  already  have                                                               
access to that information.                                                                                                     
                                                                                                                                
CHAIR FRENCH motioned  to adopt Amendment 1. On page  2, line 15,                                                               
delete  "The director  shall make  reasonable efforts  to obtain"                                                               
and  insert "The  commissioner of  corrections  shall notify  the                                                               
director of".                                                                                                                   
                                                                                                                                
3:53:39 PM                                                                                                                    
SENATOR WIELECHOWSKI objected  to ask if the intention  is to say                                                               
that "the  commissioner of corrections shall  notify the director                                                               
and  the director  shall make  reasonable efforts  to obtain  the                                                               
names".                                                                                                                         
                                                                                                                                
CHAIR  FRENCH  said  the  Division  of  Elections  suggested  the                                                               
language.                                                                                                                       
                                                                                                                                
3:54:08 PM                                                                                                                    
CINDY SMITH, Aide  to Senator French, explained  that both aren't                                                               
needed;  the  Department  of Corrections  already  electronically                                                               
transmits  names  and  other  identifiers   to  the  Division  of                                                               
Elections. The change is consistent with subsection (d) above.                                                                  
                                                                                                                                
DWAYNE  PEEPLES, Deputy  Commissioner, Department  of Corrections                                                               
stated  that  the  department  has the  ability  to  provide  the                                                               
Division of Elections  with names and identifiers  of persons who                                                               
were convicted and released. DOC  provides similar information to                                                               
the  Permanent  Fund  Dividend Corporation  for  the  purpose  of                                                               
seizing dividend checks from felons.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI  referenced page  2, line  17, and  asked if                                                               
everything else in subsection (a) remains the same.                                                                             
                                                                                                                                
MS. SMITH replied nothing else is changed.                                                                                      
                                                                                                                                
SENATOR WIELECHOWSKI  asked to see the  provision incorporated in                                                               
the bill before making a final determination.                                                                                   
                                                                                                                                
CHAIR FRENCH  found that to  be fair  and asked if  he maintained                                                               
his objection.                                                                                                                  
                                                                                                                                
SENATOR WIELECHOWSKI removed his objection.                                                                                     
                                                                                                                                
CHAIR FRENCH announced that Amendment 1 is adopted.                                                                             
                                                                                                                                
3:56:31 PM                                                                                                                    
MICHAEL  MACLEOD-BALL,   Executive  Director,  ACLU   of  Alaska,                                                               
identified himself.                                                                                                             
                                                                                                                                
CHAIR  FRENCH asked  if he  foresees any  constitutional problems                                                               
associated  with stratifying  and changing  the rights  of felons                                                               
according to the  seriousness of the offense for  which they were                                                               
convicted.                                                                                                                      
                                                                                                                                
MR. MACLEOD-BALL  said he did not.  There isn't a lot  of guiding                                                               
case law, but generally the  legislature and the courts have some                                                               
authority  to define  terminology  that is  used in  interpreting                                                               
constitutional provisions. The  intent in SB 7  is essentially no                                                               
different than  what is  already in statute.  To the  extent that                                                               
the current statute is  constitutionally permissible, this should                                                               
be as well.                                                                                                                     
                                                                                                                                
CHAIR FRENCH  asked if  he has any  other observations  about the                                                               
bill.                                                                                                                           
                                                                                                                                
MR. MACLEOD-BALL  articulated the view that  the original version                                                               
of the bill  was preferable from a policy  perspective because it                                                               
would   have  allowed   more  felons   onto  the   voting  rolls.                                                               
Nonetheless, this is a step in the right direction, he stated.                                                                  
                                                                                                                                
SENATOR  HUGGINS  asked where  Alaska  would  stand in  terms  of                                                               
voting rights relative to other states.                                                                                         
                                                                                                                                
MR. MACLEOD-BALL summarized the  statistical information that was                                                               
given  during the  previous  hearing and  said  this would  place                                                               
Alaska in the middle.                                                                                                           
                                                                                                                                
SENATOR HUGGINS asked  if Alaska is currently in a  group with 21                                                               
other states.                                                                                                                   
                                                                                                                                
MR.  MACLEOD-BALL  said, "I  believe  that  large number  in  the                                                               
middle brings felons back onto the  voting rolls at some time and                                                               
there are  a variety  of distinctions  in the  states as  to when                                                               
they're brought  back on the rolls  or for what crimes  they lose                                                               
the voting rights in the first  place. And so I viewed the change                                                               
that's being proposed here as  being just a variation within that                                                               
group."                                                                                                                         
                                                                                                                                
4:00:55 PM                                                                                                                    
CHAIR FRENCH announced he would hold  SB 7 to prepare the amended                                                               
language and for consideration by the full committee.                                                                           

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