Legislature(2007 - 2008)BELTZ 211
01/23/2007 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB55 | |
| SB49 | |
| SB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 55 | TELECONFERENCED | |
| *+ | SB 49 | TELECONFERENCED | |
| *+ | SB 36 | TELECONFERENCED | |
9:01:42 AM SB 55-NOTIFY CRIME VICTIM OF EXECUTIVE CLEMENCY CHAIR MCGUIRE announced the consideration of SB 55. 9:01:52 AM PORTIA BABCOCK, staff to Senator Lyda Green, said SB 55 clarifies that the governor "shall" go through a process [regarding executive clemency] that is outlined in statute, instead of "may" go through the process. The current process begins with a clemency application to the parole board for processing, and the application then goes to the governor. "But there's no requirement that that happen, and there's also no requirement in statute that the victim be notified that the application is being considered." The victim rights law of 1994 balances the rights of victims with the right of the governor to grant pardons or clemency, she said. She noted that the situation comes up rarely so "it hasn't been an issue until recently." [A recent incident] showed that the statute is behind the times in making sure victims are included in the process if they so choose. This process is different from other victim notification processes where anyone can sign up to get notification of a prisoner's change in status. She said that occurs because the offender is incarcerated and in the system. Because executive clemency and pardons can occur after a long period of time, "that process doesn't really fit in." The applicant may have already served time and be out of custody. 9:04:53 AM MS. BABCOCK said Section 2 of the bill requires that the board shall send notice of an application for executive clemency to the Department of Law and the Office of Victims Rights. "One of the considerations that has come up there is to add in 'and the victim' to make sure that the victim is also notified." The bill also states that the governor may not act until 60 days have lapsed from the time the notification took place. She said there is zero fiscal impact. 9:05:39 AM SENATOR BUNDE asked about notification and the transience of Alaska's population. "When do you stop trying?" MS. BABCOCK said the sponsor is still working with the Department of Law to determine what is reasonable in locating and notifying victims. The drafters of the bill are trying to come up with a description of "reasonable effort." The internet makes it easier, but a reasonable standard needs to be created. CHAIR MCGUIRE said that could be done in the regulations. 9:07:33 AM SENATOR STEVENS asked about including the victim in the process. "What does the victim have that they don't have right now?" MS. BABCOCK said the bill would require that the victim be notified before any action takes place. Currently victims are notified if they have requested it. The participation would be the same; there would just be broader notification. The victims can comment in writing to the parole board, giving the executive that additional information when making a clemency decision. 9:08:56 AM SENATOR FRENCH asked when victims need to tell the parole board they want to be notified about executive clemency. "When in the criminal process would we expect the victims to become aware that there might be some future application for clemency and that they have a statutory right, if they request to do so, to be notified?" 9:09:42 AM MS. BABCOCK said she is not sure if that occurs at the same time the victims request to be notified of any action. She suggested asking the parole board what happens currently when the victim is requesting notification of clemency. 9:10:21 AM SENATOR FRENCH asked about line 13 regarding the victim's request for notification, and he said most victims will likely not take advantage of it. He said the intent is not waiting for the victim to approach the state, "but actually reaching out to the victim and saying you need to know this is happening in case you want to do something about it." 9:11:17 AM CHAIR MCGUIRE said that she, along with Representatives Samuels and Stoltz, passed a bill into law that requires victims' rights to be read at the scene of a crime. There is a pamphlet to give to victims on their constitutional rights, but there are "a fair number of people that it would probably pass by." 9:11:54 AM LARRY JONES, Executive Director, Parole Board, Department of Corrections, stated that the important part of the bill is the "shall" replacing the "will." Recently the governor has not come to the parole board. "Because of the 'may' they were handled totally internally within the office of the executive-the governor." Clemency requests getting to the point of application are relatively rare, he said, but the discussion of this issue in the media has prompted more persons to request a pardon. He said the board staff has never "taken the tack" that victims had to have requested notification. "We have always tried to find a way to contact the victim." He said one pardon in a previous administration was from a crime in the 1940s. The Office of Victims Rights does not always represent everyone, and victims must make the request. He said the board has attempted to contact victims for "person crimes." Sometimes it is the broader community that is the victim. 9:14:31 AM SENATOR BUNDE asked about the definition of a victim. MS. BABCOCK said it is the definition given in AS 12.55.185, which includes family members if the victim is a minor, incapacitated, or deceased. 9:15:31 AM SENATOR FRENCH said it sounds like Mr. Jones is reaching out to contact victims. He asked if additional language requiring reasonable efforts to contact the victim would be a burden to the board. MR. JONES said it would not be a burden because it is something the parole board does already. He added that "the board is quite familiar with this because for all discretionary parole considerations--and again those persons are still incarcerated-- victims have the right to physically attend those hearings." The board is involved with the victims regularly, he stated. 9:16:51 AM The committee took a brief at-ease. [There is a disruption in the sound recording until 9:34 a.m.] 9:17:49 AM CHAIR MCGUIRE asked for further public testimony. SENATOR GREEN moved to report SB 55 from committee with attached fiscal notes and individual recommendations. SENATOR BUNDE suggested further refinements. CHAIR MCGUIRE said the committee should pass SB 55 to the judiciary committee. SENATOR BUNDE objected. 9:19:16 AM A roll call vote was taken on the motion of passing SB 55 out of committee. Senators French, Green, Stevens and McGuire voted in favor and Senator Bunde voted against. Therefore SB 55 and the attached fiscal notes moved from committee with individual recommendations.
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