Legislature(2009 - 2010)BELTZ 211

04/10/2009 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 54 PRICE GOUGING INVOLVING ENERGY RESOURCES TELECONFERENCED
Heard & Held
+ SB 68 FELONS' RIGHT TO VOTE TELECONFERENCED
Heard & Held
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 59 LOW- SPEED MOTOR VEHICLES
Moved CSSB 59(TRA) Out of Committee
= SB 48 MEETINGS OF ROAD SERVICE AREA BOARDS
Moved CSSB 48(JUD) Out of Committee
= SB 176 COMPACT: EDUCATION OF MILITARY CHILDREN
Moved Out of Committee
                  SB  68-FELONS' RIGHT TO VOTE                                                                              
                                                                                                                                
2:58:12 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 68.                                                                              
                                                                                                                                
LYNDA ZAUGG, Staff to Senator Davis, Alaska State Legislature                                                                   
read the following sponsor statement:                                                                                           
     Across  the country,  states handle  the right  to vote                                                                    
     for  returning felons  differently.  Two states,  Maine                                                                    
     and Vermont, do not take  away a felon's right to vote.                                                                    
     Thirteen states allow felons to  vote upon release from                                                                    
     incarceration.  Twenty  one,  including  Alaska,  allow                                                                    
     felons    to    vote    after   they    complete    all                                                                    
     parole/probation  requirements,  while fourteen  states                                                                    
     permanently  disenfranchise  certain   felons.  If  our                                                                    
     belief  is that  felons once  released have  paid their                                                                    
     debt  to society,  returning their  right to  vote upon                                                                    
     release from incarceration would be a positive step.                                                                       
                                                                                                                                
     SB 68  allows felons, upon release  from incarceration,                                                                    
     to  register  to vote.  This  bill  starts the  process                                                                    
     which  allows felons  to start  assuming responsibility                                                                    
     for  reintegration in  their communities.  We are  each                                                                    
     responsible  for how  our government  works  and we  do                                                                    
     that  through voting.  In  Alaska,  6081 Alaskans  have                                                                    
     lost   their   right   to  vote   because   of   felony                                                                    
     convictions.  Currently, Alaska  law bars  the vote  to                                                                    
     persons convicted of felonies  of moral turpitude until                                                                    
     the  expiration  of   a  post-incarceration  period  of                                                                    
     parole or  probation, which is  often years  after they                                                                    
     have  reentered society  to become  productive citizens                                                                    
     and taxpayers.                                                                                                             
                                                                                                                                
     Harsh  sentencing  laws over  the  past  30 years  have                                                                    
     allowed  the   prison  population  to   balloon,  while                                                                    
     reducing  the   rehabilitative  model  to   almost  non                                                                    
     existent.  Over  4.7  million Americans,  or  1  in  43                                                                    
     adults,  cannot vote  due to  felony convictions,  with                                                                    
     1/3 or  more of  them incarcerated  due to  alcohol and                                                                    
     drug offenses.  In Alaska, we  have gone  from slightly                                                                    
     over  800  prisoners  in  1984  to  5344  in  2008,  an                                                                    
     increase  of  149  percent. Of  those  incarcerated  in                                                                    
     Alaska,  48  percent  are  Caucasian,  36  percent  are                                                                    
     Alaska  Native,  10  percent are  African  American,  3                                                                    
     percent are  Hispanic, and 3 percent  are Asian/Pacific                                                                    
     Islanders.   Minority  felons   are  disproportionately                                                                    
     disenfranchised nationally  under current law,  and the                                                                    
     harm   of  this   continued  disenfranchisement   after                                                                    
     release  is exacerbated  by stigma  and other  forms of                                                                    
     discrimination  as  they  try to  reenter  society.  In                                                                    
     Alaska, 52  percent of  our incarcerated  offenders are                                                                    
     minorities.                                                                                                                
                                                                                                                                
     In Alaska,  we do  not have a  problem taking  a person                                                                    
     off the voting  roles if convicted of a  felony, but we                                                                    
     do  not have  a  system that  will automatically  allow                                                                    
     them to return to the  voting rolls upon termination of                                                                    
     supervision.  Voting  is  just  one  of  many  steps  a                                                                    
     returning  felon  must  make  to  become  a  productive                                                                    
     member of the community. This  bill will help provide a                                                                    
     clear time  for returning voting rights  and provide an                                                                    
     important right/responsibility  to felons  returning to                                                                    
     their communities.                                                                                                         
                                                                                                                                
3:01:35 PM                                                                                                                    
MS. ZOAGG said  according to the Division of  Elections 6,081 are                                                               
not  able  to  vote  because  of  felony  conviction,  but  those                                                               
represent people who  were registered at the  time of conviction.                                                               
That doesn't take into account those who were not registered.                                                                   
                                                                                                                                
MIKE   MILLER,  former   Representative   Miller,  Alaska   State                                                               
Legislature,  Juneau  stated  that  he  was  the  author  of  the                                                               
original bill  that is now  being amended. This takes  the intent                                                               
of the  original bill and  makes it  better. He doesn't  know why                                                               
the restrictions were  placed in the bill, and  he strongly feels                                                               
that it can only be positive  to encourage people who have served                                                               
their   time  to   assume  all   the  responsibilities   of  good                                                               
citizenship,  including  voting.  He   would  like  to  associate                                                               
himself with the remarks of Ms. Zoagg.                                                                                          
                                                                                                                                
3:04:09 PM                                                                                                                    
DENISE MORRIS,  President and CEO, Alaska  Native Justice Center,                                                               
said they have reentry programs  for males and females. Last week                                                               
they graduated  eight men,  which saves  the state  $350,000. The                                                               
graduation  requirements  are to  obtain  valid  ID; register  to                                                               
vote;  obtain a  30 hour  per week  job; participate  in a  trade                                                               
school, vocational school or  secondary education program; obtain                                                               
housing;  actively participate  in  weekly meetings  with a  case                                                               
manager; actively  participate in  weekly support  groups; attend                                                               
weekly  MRT  classes;  engage  in  40  hours  of  community  work                                                               
service;  form a  support  group; and  participate  in the  adult                                                               
reentry program  for 6  months. The reason  they have  the voting                                                               
requirement is  because statistics  shows it  reduces recidivism.                                                               
Alaska  Natives are  overrepresented  in the  population that  is                                                               
disenfranchised.  "The  Alaska  Native  Justice  Center  supports                                                               
lessening  the  restrictions  on  felony  disenfranchisement,  in                                                               
particular fewer restrictions on  felony voting rights will bring                                                               
Alaska into the modern national trend," she said.                                                                               
                                                                                                                                
3:07:41 PM                                                                                                                    
JEFFREY  MITTMAN, Executive  Director,  American Civil  Liberties                                                               
Union (ACLU),  Anchorage, said  he is speaking  in support  of SB
68. It would reduce the  voting disenfranchisement of individuals                                                               
who   were  formerly   incarcerated.  More   than  half   of  the                                                               
disenfranchised people are on probation  or parole and this would                                                               
increase their rights. 20 states  have restrictions that are less                                                               
stringent than  Alaska has.  Research indicates  that there  is a                                                               
link between voting  participation and the likelihood  not to re-                                                               
offend. For  that and  other reasons,  a number  of organizations                                                               
involved  in  criminal  law  enforcement  support  this  type  of                                                               
legislation  including  the   American  Parole  Association,  the                                                               
National   Black  Police   Association  and   the  American   Bar                                                               
Association.   Minority    communities   are   disproportionately                                                               
impacted.  He asked  the  committee work  on  technical fixes  to                                                               
reduce  the  documentation  requirements  to make  it  easier  to                                                               
transition to voting rights.                                                                                                    
                                                                                                                                
3:10:12 PM                                                                                                                    
CHAIR FRENCH announced he would hold SB 68 in committee.                                                                        
                                                                                                                                

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