Legislature(2007 - 2008)BELTZ 211

02/07/2008 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 317 COMPASSIONATE GIFT EXEMPTION TELECONFERENCED
Moved HB 317 Out of Committee
Uniform Rule 23 Waived
+= SB 223 G.O. BONDS FOR CRIME LAB TELECONFERENCED
Moved SB 223 Out of Committee
*+ SB 185 SEX OFFENDER/CHILD KIDNAPPER REGISTRATION TELECONFERENCED
Heard & Held
*+ SB 77 USING UNION DUES FOR POLITICAL PURPOSES TELECONFERENCED
Moved SB 77 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 185-SEX OFFENDER/CHILD KIDNAPPER REGISTRATION                                                                    
                                                                                                                                
CHAIR MCGUIRE announced the consideration of SB 185.                                                                            
                                                                                                                                
9:23:11 AM                                                                                                                    
SENATOR BILL WIELECHOWSKI, Alaska  State Legislature, said SB 185                                                               
requires  sex offenders  to register  their  email addresses  and                                                               
other internet identifiers. It will  keep Alaska at the forefront                                                               
of  the  battle against  sexual  predators  by updating  the  sex                                                               
offender registry list.  Alaska has one of the  highest usages of                                                               
the internet  in the country,  but it is  a way for  predators to                                                               
enter our  homes in search of  children who may think  nothing of                                                               
spending hours chatting  with strangers. A child  may be chatting                                                               
with a  sexual predator, and there  is currently no way  to know.                                                               
This  would give  law enforcement  a tool  to keep  track of  the                                                               
activities  of  convicted  sexual  predators, and  to  catch  and                                                               
punish them when they break the  law. This will put Alaska at the                                                               
forefront of  the battle against  sexual predators.  Three states                                                               
are  already doing  it, and  17  states are  considering it.  The                                                               
Surviving Parents Coalition, Alaska  Department of Public Safety,                                                               
Anchorage  Police  Department,  Alaska  Internet  Crimes  against                                                               
Children  Taskforce, and  Alaska Peace  Officers Association  all                                                               
support SB 185.                                                                                                                 
                                                                                                                                
SENATOR WIELECHOWSKI said he intended  to make the email register                                                               
public, and now he has  concerns. The Department of Public Safety                                                               
has requested it not be public.                                                                                                 
                                                                                                                                
9:26:15 AM                                                                                                                    
CHAIR MCGUIRE  said she appreciates the  bill and she has  a bill                                                               
that  might merge  with SB  185. It  is a  great idea.  She asked                                                               
about the problem of people owning multiple email addresses.                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI  said  there   have  been  questions  about                                                               
combating this  when someone can  have 15 email addresses.  But a                                                               
person will have to register  all addresses. It is difficult, but                                                               
there are  some complex investigatory  tactics to  catch internet                                                               
predators. This will assist in catching them.                                                                                   
                                                                                                                                
SENATOR BUNDE  said this is  a goal of  any parent, but  he asked                                                               
how it will work.                                                                                                               
                                                                                                                                
9:28:25 AM                                                                                                                    
SENATOR WIELECHOWSKI said  there different ways to do  it. If the                                                               
information is made  public, any parent can do a  search if he or                                                               
she has  suspicion. If it is  not made public, a  parent can call                                                               
and  ask if  a  particular email  address is  owned  by a  sexual                                                               
predator. Currently a person can  see where every sexual predator                                                               
lives in the  state. The way the bill is  written, the name would                                                               
not now pop up; a person would have to call the DPS and ask.                                                                    
                                                                                                                                
9:29:51 AM                                                                                                                    
SENATOR BUNDE said  it will still be public because  a person can                                                               
call and ask about a specific email.                                                                                            
                                                                                                                                
SENATOR WIELECHOWSKI said yes.                                                                                                  
                                                                                                                                
CHAIR MCGUIRE said  an amendment will be  offered that represents                                                               
"that tension  between wanting parents  to have  that information                                                               
to  know -  to be  able  to call  --  but having  it public,  the                                                               
concern  is that  other sex  predators will  then have  access to                                                               
other  sex  predators'  email  addresses.  And  there's  a  whole                                                               
subcultural thing about that."                                                                                                  
                                                                                                                                
SENATOR BUNDE said, "We don't need internet bathhouses."                                                                        
                                                                                                                                
CHAIR MCGUIRE said, "Exactly." The  middle ground may be that the                                                               
list is confidential, but a parent can call and find out.                                                                       
                                                                                                                                
9:31:02 AM                                                                                                                    
SENATOR STEVENS  asked if the sponsor  is saying this could  be a                                                               
tool  for internet  providers and  internet  security firms  that                                                               
could block such emails from children.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI  said groups  like Facebook and  MySpace are                                                               
now  setting parameters,  and the  goal  is that  those types  of                                                               
sites can coordinate with DPS.                                                                                                  
                                                                                                                                
SENATOR STEVENS  said it  sounds like  a person  will be  able to                                                               
actually block information coming into a home computer.                                                                         
                                                                                                                                
9:32:28 AM                                                                                                                    
SENATOR BUNDE noted that hard  drives keep information so that if                                                               
a  predator was  investigated  and erased  information, he  would                                                               
still have addresses in his computer.                                                                                           
                                                                                                                                
SENATOR  WIELECHOWSKI  said  the information  found  on  people's                                                               
computers is pretty amazing. That technology is available.                                                                      
                                                                                                                                
KATHY  MONFREDA,  Chief,   Criminal  Records  and  Identification                                                               
Bureau, Department of  Public Safety (DPS), said  she manages the                                                               
sex  offender  registry. DPS  is  supportive,  but the  issue  of                                                               
making the  list public is  not crystal  clear - "that's  our one                                                               
concern." The electronic addresses should  not be public but they                                                               
should be  available to law  enforcement. The federal  Adam Walsh                                                               
Act [2006]  and the "Sex Offender  Registration Notification Act"                                                               
addresses a lot  of these issues. The federal  government has set                                                               
up the  "SMART Office", which stands  for Sentencing, Monitoring,                                                               
Apprehending, Registering  and Tracking  sex offenders.  The Adam                                                               
Walsh  Act requires  the state  to collect  electronic addresses.                                                               
The proposed  guidelines will be  finalized soon,  and electronic                                                               
addresses  will not  be on  a public  website. Software  is being                                                               
developed for the  states so that the public can  enter any email                                                               
address and  it will query  the database for the  entire country.                                                               
There  is  no  guarantee  that  a  particular  address  isn't  an                                                               
offender just because it isn't on the list.                                                                                     
                                                                                                                                
9:35:53 AM                                                                                                                    
SENATOR STEVENS asked why it should not be made public.                                                                         
                                                                                                                                
MS. MONFREDA said she has two  concerns. A public list will allow                                                               
predators to  communicate with each  other, and it  could promote                                                               
vigilantism. If  the predators  communicate, they  could transmit                                                               
illegal  information  back and  forth.  The  government would  be                                                               
giving a means to these offenders to communicate.                                                                               
                                                                                                                                
SENATOR  GREEN asked,  "Haven't  we already  passed  that by  the                                                               
release of  information that's  available about  their residence,                                                               
their description, their vehicle?"                                                                                              
                                                                                                                                
MS.  MONFREDA  said  current  law  covers  addresses,  not  email                                                               
addresses. She wants that clarified.                                                                                            
                                                                                                                                
SENATOR GREEN asked if it is already public.                                                                                    
                                                                                                                                
MS. MONFREDA repeated her answer.                                                                                               
                                                                                                                                
SENATOR GREEN said she doesn't  "see the difference in an address                                                               
and the  other things available."  She has never looked  into it,                                                               
but  people have  told her  that a  sex offender  lives down  the                                                               
street, "and I recognize the  picture. To me we've already opened                                                               
that door and  gone in. I don't know how  we turned back, because                                                               
there's  certainly  ample opportunity  for  contact  to be  made,                                                               
currently,  if   we're  furnishing  an  address.   Is  there  not                                                               
currently a picture?"                                                                                                           
                                                                                                                                
MS. MONFREDA said, "Yes, of course."                                                                                            
                                                                                                                                
9:38:50 AM                                                                                                                    
CHAIR MCGUIRE said  the identity of the sex  offenders is already                                                               
made known  through the registry, so  it is not a  matter of that                                                               
being made  public "and  how they might  feel." But  by providing                                                               
their  email  addresses,  "are  we  actually  assisting  them  in                                                               
reaching out  to other offenders?" She  questioned the likelihood                                                               
of  an  offender getting  the  physical  address of  another  and                                                               
visiting each other to share  child pornography. It is far easier                                                               
to get  on the internet  to invite a person  into a chat  room to                                                               
share that information.                                                                                                         
                                                                                                                                
SENATOR  GREEN  asked,  "That's  a   bad  thing?"  She  said  she                                                               
shouldn't  have said  that, but  there is  ample opportunity  for                                                               
people "who are so inclined" to  be in touch with each other. She                                                               
is not  sold on this.  "I was shocked  when we first  allowed all                                                               
the information  to go out and  be public." She was  surprised at                                                               
how much was available. "That's  another penalty onto, perhaps, a                                                               
served penalty."  Regardless of how  distasteful it is,  "I don't                                                               
see why we would suddenly restrict the information."                                                                            
                                                                                                                                
MS. MONFREDA  said the concern  is the convenience of  being able                                                               
to communicate instantly electronically.                                                                                        
                                                                                                                                
DAVID  SCHADE, Director,  Division  of  Statewide Services,  DPS,                                                               
said Ms. Monfreda has communicated everything.                                                                                  
                                                                                                                                
9:41:36 AM                                                                                                                    
RON  TIDLER,  Sergeant,  Anchorage Police  Department,  said  the                                                               
Alaska  ICAC  [Internet  Crimes   Against  Children]  Task  Force                                                               
supports SB 185 with the same concerns as Ms. Monfreda.                                                                         
                                                                                                                                
CHAIR MCGUIRE  asked him to  address Senator Green's  question of                                                               
why  excluding  sex  offender email  addresses  is  important  to                                                               
public safety.                                                                                                                  
                                                                                                                                
MR.  TIDLER  said,  as  stated  before,  the  ability  for  these                                                               
offenders to  get together in their  own private chat rooms  is a                                                               
concern. There  is also the  concern of the public  having access                                                               
to this  list of  sex offenders  and sending  anonymous harassing                                                               
emails.  For  law  enforcement,  having the  list  of  the  email                                                               
addresses of sex offenders will assist in investigations.                                                                       
                                                                                                                                
SENATOR GREEN asked the success  rate of registration, and if the                                                               
information  is kept  up  to  date. Under  current  law, are  the                                                               
offender  registrations 100  percent  effective or  what? Do  you                                                               
always find people who have not registered?                                                                                     
                                                                                                                                
9:44:27 AM                                                                                                                    
MS. MONFREDA  said about 90  percent of offenders  are considered                                                               
compliant.  Noncompliant   offender  lists   are  given   to  law                                                               
enforcement to try to track them down.                                                                                          
                                                                                                                                
SENATOR GREEN asked if any sex offender must register.                                                                          
                                                                                                                                
MS. MONFREDA said the law requiring registration is specific.                                                                   
                                                                                                                                
SENATOR  GREEN  asked how  the  state  follows  up on  those  not                                                               
registered.                                                                                                                     
                                                                                                                                
MS. MONFREDA said a website  posts the compliant and noncompliant                                                               
offenders.  Law  enforcement  seeks  out  noncompliant  offenders                                                               
using their last known address.                                                                                                 
                                                                                                                                
SENATOR GREEN  asked, "Regardless  of whether they  have actually                                                               
filled out the paperwork and  registered, you place their name on                                                               
the offender list?"                                                                                                             
                                                                                                                                
9:46:16 AM                                                                                                                    
MS. MONFREDA  said noncompliant convicted  sex offenders  will be                                                               
shown on the website as such.                                                                                                   
                                                                                                                                
SENATOR STEVENS  noted the two  reasons for not making  the email                                                               
address list public:  it will give predators a chat  room, and it                                                               
may encourage vigilantism. One officer  said these people may get                                                               
harassing emails. He said he gets  a lot of harassing emails of a                                                               
political  nature.  "So  what?  So  what  if  a  parent  sends  a                                                               
harassing email to a known predator?"                                                                                           
                                                                                                                                
9:47:24 AM                                                                                                                    
MS. MONFREDA  said it will  impact law enforcement  agencies when                                                               
sex offenders file complaints for harassment.                                                                                   
                                                                                                                                
SENATOR  STEVENS said  he is  not sure  that harassing  emails is                                                               
that bad.                                                                                                                       
                                                                                                                                
MS. MONFREDA said it is illegal.                                                                                                
                                                                                                                                
9:48:08 AM                                                                                                                    
CHAIR MCGUIRE said  there are two amendments, and  Amendment 1 is                                                               
the matter  of the list being  public or not. The  DPS feels that                                                               
publishing the list would assist sexual predators in networking.                                                                
                                                                                                                                
The committee took an at-ease from 9:49:16 AM until 9:49:58 AM.                                                             
                                                                                                                                
CHAIR MCGUIRE said  the bill, if amended, will  still require the                                                               
DPS to  collect email  addresses, but  they will  be confidential                                                               
and not on a  website. Parents can call and find  out if an email                                                               
is on the list, but it won't be open to other sex offenders.                                                                    
                                                                                                                                
SENATOR BUNDE  said he is  inclined to support the  amendment. If                                                               
the state provides an opportunity  for illegal harassment, "I can                                                               
see clever attorneys suing the state on behalf of these people."                                                                
                                                                                                                                
SENATOR GREEN asked if such lawsuits would be against the state.                                                                
                                                                                                                                
SENATOR BUNDE said yes -- if the state provided the lists.                                                                      
                                                                                                                                
SENATOR  GREEN  said  she  questions that.  "I  don't  think  the                                                               
state's the party to this." The harasser would be sued.                                                                         
                                                                                                                                
9:52:06 AM                                                                                                                    
CHAIR  MCGUIRE  said she  dealt  with  a  case  of a  polar  bear                                                               
mauling, and just because it was on state land...                                                                               
                                                                                                                                
SENATOR  WIELECHOWSKI said  his initial  intent was  to make  the                                                               
list public,  and he never thought  about it being a  way for sex                                                               
offenders to  share child pornography.  People in DPS  and across                                                               
the nation recommend  against a public list. He said  he is open.                                                               
Line 8  refers to a residence  address, and that is  requested by                                                               
the  department so  that work  email  addresses aren't  included.                                                               
That is probably good -- so people don't harass employers.                                                                      
                                                                                                                                
SENATOR  WIELECHOWSKI  said  people  have work  emails,  and  "my                                                               
understanding  is  that that  change  …  will  limit it  to  just                                                               
people's residence addresses."                                                                                                  
                                                                                                                                
SENATOR GREEN  asked if it  refers to  their email access  at the                                                               
place of work.                                                                                                                  
                                                                                                                                
SENATOR   WIELECHOWSKI  said   right   now   the  bill   requires                                                               
registering  an address,  "so  just to  clear  up any  confusion,                                                               
because fast  food restaurants  -- things like  that --  they may                                                               
employee sex  offenders. And I don't  think when you go  on a sex                                                               
offender  list  anyone  wants  their   small  business  or  large                                                               
business showing up  on the sex offender list."  He doesn't think                                                               
people want work emails to show up, and that is appropriate.                                                                    
                                                                                                                                
9:54:43 AM                                                                                                                    
SENATOR GREEN  asked, "Isn't  the activity  we're trying  to stop                                                               
already illegal?"                                                                                                               
                                                                                                                                
SENATOR WIELECHOWSKI said it is not.                                                                                            
                                                                                                                                
SENATOR GREEN asked about pornographic material.                                                                                
                                                                                                                                
SENATOR  WIELECHOWSKI said  child  pornography  is illegal.  This                                                               
bill  will  require  sexual predators  to  register  their  email                                                               
addresses. An  offender could  be having a  chat with  a 14-year-                                                               
old, posing as  a 14-year-old himself, and that is  legal as long                                                               
as there is no enticement.                                                                                                      
                                                                                                                                
CHAIR MCGUIRE  said it  is just  one other  layer. There  will be                                                               
offenders using  an email address without  registering. There are                                                               
people  registering to  addresses that  aren't theirs.  There are                                                               
all kinds of  things that can happen, but the  bill addresses one                                                               
more layer to get information about an individual.                                                                              
                                                                                                                                
SENATOR BUNDE  said to  remember that  enticement of  children is                                                               
not a one-time  incident. There is a long  courting process. When                                                               
someone is emailing with a child,  he may not be explicit at that                                                               
point, but it could be a process.                                                                                               
                                                                                                                                
9:56:43 AM                                                                                                                    
SENATOR GREEN asked  if this makes it illegal for  a sex offender                                                               
to communicate with an unknown person.                                                                                          
                                                                                                                                
SENATOR WIELECHOWSKI said  it does not, it only  requires them to                                                               
register their email address.                                                                                                   
                                                                                                                                
SENATOR  GREEN noted  that it  would take  an intervener,  like a                                                               
parent, to call the troopers.                                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI said yes.                                                                                                  
                                                                                                                                
SENATOR GREEN asked how often will that really happen.                                                                          
                                                                                                                                
SENATOR  WIELECHOWSKI said  many parents  take active  rolls, and                                                               
should, in their children's email communications.                                                                               
                                                                                                                                
9:57:36 AM                                                                                                                    
CHAIR MCGUIRE said it will play  out the way it does now. Mothers                                                               
will notice  sex offenders and  share the information  with other                                                               
mothers, and they  will ask who their child is  talking to. It is                                                               
no different  than being  cleared to  play with  someone. Calling                                                               
DPS will be another tool for a parent, she explained.                                                                           
                                                                                                                                
SENATOR  STEVENS  said  he  likes the  second  paragraph  of  the                                                               
sponsor  statement. "I  think what  [that paragraph]  says is  if                                                               
this becomes a  tool, there will be internet  security firms that                                                               
can  either block  children  from getting  these  messages or  it                                                               
could warn parents that their  children are getting messages from                                                               
someone they  shouldn't be  getting it from."  By taking  out the                                                               
public aspect, will that advantage be voided?                                                                                   
                                                                                                                                
9:59:03 AM                                                                                                                    
SENATOR  WIELECHOWSKI said  that is  a good  question. This  is a                                                               
first step. But the information won't  be private; it is just not                                                               
on an open website. The DPS  could still have an arrangement with                                                               
MySpace or Facebook to provide such information.                                                                                
                                                                                                                                
SENATOR  STEVENS  sees a  disadvantage  in  not making  the  list                                                               
public.                                                                                                                         
                                                                                                                                
SENATOR  BUNDE noted  that  if this  amendment  passes, a  parent                                                               
could contact the DPS about an email address.                                                                                   
                                                                                                                                
SENATOR WIELECHOWSKI  said it is  not his amendment.  His concern                                                               
is the  language that  says the  information is  confidential and                                                               
not  subject  to public  disclosure.  He  has  some of  the  same                                                               
questions. Maybe an attorney can  clarify it. He asked if parents                                                               
can  still  get  that  information and  share  it  with  internet                                                               
providers and security firms.                                                                                                   
                                                                                                                                
SENATOR  BUNDE  said a  responsible  company  should be  able  to                                                               
prevent those registered emails from its service.                                                                               
                                                                                                                                
10:01:58 AM                                                                                                                   
ANNE  CARPENETI, Assistant  Attorney General,  Criminal Division,                                                               
Alaska Department  of Law, said  the bill requires  sex offenders                                                               
to  register  email  addresses   and  other  internet  identifier                                                               
information, and  it makes  it illegal to  fail to  register. Law                                                               
enforcement  doesn't want  to create  an internet  chat room  for                                                               
exchanging child pornography, because  the information is so easy                                                               
to get. The intent  of the amendment is to not  do that, but keep                                                               
it available to  law enforcement. So "confidential"  might not be                                                               
the right  word, because the  information should be  available to                                                               
parents.  A  sex offender  residential  address  list benefits  a                                                               
neighborhood, but the internet is nationwide.                                                                                   
                                                                                                                                
10:04:24 AM                                                                                                                   
SENATOR GREEN  asked if  there is somewhere  else in  the statute                                                               
that provides for  the descriptions or the  qualifications of the                                                               
person who's  requesting the information.  It doesn't  say parent                                                               
or law abiding citizens. "This too could be the other predator."                                                                
                                                                                                                                
MS. CARPENETI said  she thinks there are regulations  in terms of                                                               
people asking for information.                                                                                                  
                                                                                                                                
CHAIR MCGUIRE said she  will set aside SB 185 to  make sure it is                                                               
crafted as well as it could be.                                                                                                 
                                                                                                                                
MS. MONFREDA  said she  agrees that  the word  "confidential" may                                                               
create  a problem,  but  the  SMART office  intends  to create  a                                                               
national address database for parents and internet companies.                                                                   
                                                                                                                                
CHAIR MCGUIRE asked her to look  at Amendment 1 before Tuesday to                                                               
make sure the bill accomplishes its goal.                                                                                       
                                                                                                                                
CHAIR MCGUIRE withdrew Amendment 1 and set SB 185 aside.                                                                        
                                                                                                                                

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