Legislature(1993 - 1994)
01/21/1994 09:05 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN LEMAN brings up SJR 2 as the first order of business before the committee today. The Chairman calls Senator Donley as the first witness. Number 027 SENATOR DONLEY, prime sponsor of SJR 2 states that SJR 2 will do two things: one, it will set out specific rights in the constitution of victims of crime; two, it will make changes regarding penal administration. Currently, penal administration guidelines list the principal of reformation and public safety as the basis for penal administration and do not specify which aspect of administration is more important. SJR 2 would list several other aspects for consideration in penal administration and would prioritize those aspects. Those aspects are, in order of importance: public safety, rights of victims, and the principal of reformation. Number 061 SENATOR DONLEY declared that to that list, he would like to add community condemnation of the offender as second in the order of importance. Number 070 CHAIRMAN LEMAN suggests also adding restitution to the previous list of aspects of penal administration. He suggests inserting it just before reformation. The list would be as follows: public safety, community condemnation of the offender, rights of victims, restitution, and the principal of reformation. Number 101 SENATOR DONLEY agrees with Chairman Leman regarding adding restitution as an aspect of penal administration. Number 112 CHAIRMAN LEMAN calls for the representative from the Department of Law to testify. Number 113 MARGO KNUTH, Criminal Division, Department of Law, announces that the Department of Law supports victim's rights but is concerned with the proposed constitutional amendment as it is currently drafted. The department believes the constitutional amendment would do three things, one of which it is in favor, the other two of which it is not in favor. The effect of the constitutional amendment the department favors would balance some of the constitutional rights the defendant has with rights of the state and rights of the victim. The aspects which the department is not in favor of are creating rights that victims would be able to enforce against prosecutors, and creating tort liability against the state when a failure in the process occurs. Ms. Knuth comments that she does not see the language where it is suggested restitution be inserted. Number 176 CHAIRMAN LEMAN notes that it has not been put in writing, but there is reference to it under (paragraph) 8, page two. He proposes that it be inserted in (page 1, section 1) line nine (or ten). He asks whether Ms. Knuth is able to comment on the insertion. Number 196 MS. KNUTH replies that she would appreciate the chance to think about the insertion before commenting. She is aware that Representative Porter has legislation that intends to reorder the criteria also, and she would like to examine his legislation before commenting. Number 200 SENATOR ELLIS asks Senator Donley if victim's rights under this legislation will take affect after the defendant has been convicted, or if it will take affect during the prosecution. Number 220 SENATOR DONLEY responds the victim's rights will be in effect throughout the process. He thinks it might be advisable to take out the penal administration reference in the constitution so it will apply to the entire criminal justice system. His understanding is the legislation will affect sentencing through the end of the defendant's probation or parole term. Number 233 SENATOR TAYLOR asks Senator Donley where the trigger is, where these rights would begin. Is it after conviction or before conviction? Number 241 SENATOR DONLEY replies that the rights set forth in section two would apply throughout the criminal justice process, while section one would apply after sentencing of the defendant. Number 254 CHAIRMAN LEMAN suggests that members think about and discuss the legislation and be prepared to decide by Wednesday morning on language changes that might clarify what part of the criminal justice process SJR 2 would affect. He then asks if Ms. Lienhart is ready to testify from Anchorage. Number 263 JANICE LIENHART, Victim's for Justice, says she is grateful for the support on SJR 2 from Senator Leman and Senator Donley. She states that it is traumatic for victims to realize that there are laws to protect defendants, but not very much protection for victims. The victim's rights movement is working to get laws passed to give victims equal rights to defendants. Victims deserve equal rights under the constitution. Number 296 CHAIRMAN LEMAN thanks Ms. Lienhart for her testimony and repeats the changes that have been suggested to the legislation. Number 314 SENATOR TAYLOR asks Ms. Knuth to what extent the notification of victims will fiscally affect the state. Number 326 MS. KNUTH replies that fiscal impact is a concern, in addition to the concern of increased liability to the state. The state cannot be a guarantor of safety. Number 350 MS. LIENHART comments that since victims are already being informed of their rights, she doesn't think it will add very much to the fiscal impact. Number 363 SENATOR TAYLOR asks Ms. Lienhart if she thinks it will cause a fiscal impact on the Department of Public Safety if the department is required to notify a victim every time there is a hearing on a specific case. He is concerned that department personnel would spend more time tracking down victims for notification, which would result in less personnel time being spent tracking down criminals. Number 379 SENATOR DONLEY thinks Senator Taylor has a good point and that the legislation should be amended so as to set out specific parameters regarding notification of victims. Number 328 CHAIRMAN LEMAN asks Senator Donley to work with Ms. Babcock and Ms. Knuth on language to accommodate the aforementioned concerns. Number 385 SENATOR DONLEY asks Senator Taylor if he thinks the format in SJR 2 is appropriate. Number 391 SENATOR TAYLOR thinks the format is clearer to list out the rights, one-by-one, rather than enclosed in a single paragraph. Number 394 CHAIRMAN LEMAN agrees that he thinks it is more clear to have the rights listed out, rather than in a single paragraph. He then asks Ms. Knuth if she will be able to join the committee for their meeting on Wednesday. Number 396 MS. KNUTH responds that she will be able to do so, and that if input from the Department of Law is desired on SJR 39 RIGHT TO KEEP AND BEAR ARMS, to contact Mr. Guinelli in the department. Number 400 CHAIRMAN LEMAN asks if there is anyone else who wishes to testify on SJR 2. He announces that SJR 2 will be held until Wednesday's meeting. Number 418 CHARLES MCKEE states he thinks victims of misdemeanors should also be included in victim's rights legislation.
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