Legislature(2007 - 2008)BELTZ 211

03/04/2008 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 276 STATE CONSTRUCT'N PROJECT LABOR AGREEMENT TELECONFERENCED
Moved CSSB 276(STA) Out of Committee
+ SB 265 SEX OFFENDERS & CHILD KIDNAPPERS TELECONFERENCED
Moved CSSB 265(TRA) Out of Committee
*+ SB 296 CRIME VICTIM COMPENSATION FUND TELECONFERENCED
Heard & Held
+ HB 259 ESTABLISHING ALASKA HISTORY WEEK TELECONFERENCED
Moved HB 259(efd add) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
            SB 265-SEX OFFENDERS & CHILD KIDNAPPERS                                                                         
                                                                                                                              
CHAIR McGUIRE announced the consideration of SB 265.                                                                            
                                                                                                                                
9:06:54 AM                                                                                                                    
TREVOR   FULTON,  Staff   to   Senator   McGuire,  Alaska   State                                                               
Legislature, said the state sex  offender registry is popular and                                                               
effective in identifying convicted  sex offenders in communities.                                                               
The  Permanent Fund  Dividend (PFD)  has the  most complete  data                                                               
base  in  Alaska.  SB  265  combines the  resources  of  the  PFD                                                               
division  and  the Department  of  Public  Safety's sex  offender                                                               
registry. By withholding PFDs from  sex offenders that are out of                                                               
compliance with  the registry, SB  265 aims  to bring in  the one                                                               
out of ten sex offenders who  have not registered. It provides an                                                               
incentive  to register,  so  it  will reduce  the  burden on  law                                                               
enforcement of tracking down  non-compliers. Most importantly, SB
265 gives  Alaskans an improved  means to identify  convicted sex                                                               
offenders who may be living in their community.                                                                                 
                                                                                                                                
MR.  FULTON  said  CSSB  265(TRA),   Version  M,  is  before  the                                                               
committee.                                                                                                                      
                                                                                                                                
The committee took a brief at-ease at 9:09:46 AM.                                                                             
                                                                                                                                
9:11:39 AM                                                                                                                    
CHAIR  MCGUIRE said  a cursory  look at  those out  of compliance                                                               
revealed  that  about  two  thirds would  have  applied  for  and                                                               
qualified for the PFD.                                                                                                          
                                                                                                                                
SENATOR BUNDE  said a memo  from Tam Cook  [Director, Legislative                                                               
Legal Services] notes that a  convicted felon is not eligible for                                                               
a PFD, and he asked if that prohibition ends after serving time.                                                                
                                                                                                                                
DEBBIE  RICHTER,  Director,  Permanent  Fund  Dividend  Division,                                                               
Department  of  Revenue, said  the  sex  offender would  only  be                                                               
denied a dividend while incarcerated.                                                                                           
                                                                                                                                
KATHY  MONFREDA, Chief,  Criminal Records  Bureau, Department  of                                                               
Public  Safety, said  the department  supports SB  265. It  is an                                                               
opportunity to  improve compliance.  Two thirds  of non-compliant                                                               
sex offenders applied for a dividend check last year.                                                                           
                                                                                                                                
9:15:15 AM                                                                                                                    
SENATOR  BUNDE  asked  if  the PFD  division  will  withhold  the                                                               
dividend and notify law enforcement if SB 265 passes.                                                                           
                                                                                                                                
MS. RICHTER said  her division does not address  the sex offender                                                               
registry  at  all.  A  match  is  made  with  the  Department  of                                                               
Corrections   for  people   incarcerated  with   misdemeanors  or                                                               
felonies. The division  will not deny the dividend  under SB 265,                                                               
but  would  withhold payment  for  one  year until  the  offender                                                               
becomes compliant.                                                                                                              
                                                                                                                                
SENATOR BUNDE asked if she will notify the department.                                                                          
                                                                                                                                
MS. RICHTER said  information will be coming  from the Department                                                               
of Public Safety.  Eligibility work will need to  be done because                                                               
the sex offender would need to prove compliance.                                                                                
                                                                                                                                
9:17:38 AM                                                                                                                    
SENATOR BUNDE said he doesn't understand the process.                                                                           
                                                                                                                                
CHAIR MCGUIRE said the process  will be established. The point is                                                               
to  bring  sex offenders  into  compliance  when applying  for  a                                                               
dividend. Currently  a similar  process works  for those  who are                                                               
convicted criminals. She  has been working with  Ms. Monfreda and                                                               
Ms.  Richter to  come  up  with a  process  and  doesn't want  to                                                               
dictate every minute detail in  statute. This will just tell them                                                               
to do it, and they will come up with a system.                                                                                  
                                                                                                                                
9:19:04 AM                                                                                                                    
SENATOR FRENCH said, "I would  assume that should the dividend be                                                               
delayed and  should the  sex offender  who isn't  registered with                                                               
the right  address [indecipherable]  convicted during  that year,                                                               
during the period of delay, then the dividend will be denied."                                                                  
                                                                                                                                
MS. RICHTER said that is correct.                                                                                               
                                                                                                                                
SENATOR FRENCH  said he is no  friend of sex offenders,  but many                                                               
of the failures  to register are highly  technical, and sometimes                                                               
it is  a matter of  being one day behind.  It can be  a paperwork                                                               
problem, and  so it seems fair  to hold back on  the dividend for                                                               
the time  and see  if the  prosecutor has a  strong case.  If the                                                               
person is convicted of failure  to register, then the dividend is                                                               
withheld.  If it  turns  out  the case  is  dropped  and the  sex                                                               
offender is  registered at  the right address  - which  is really                                                               
the idea - then "all is well."                                                                                                  
                                                                                                                                
9:20:22 AM                                                                                                                    
CHAIR MCGUIRE  said if the dividend  was denied, it opens  up the                                                               
appeals  process and  the  question  of rights.  If  there was  a                                                               
legitimate  attempt  to register  or  a  paperwork problem,  then                                                               
there would be an administrative nightmare.                                                                                     
                                                                                                                                
SENATOR GREEN asked about the fiscal note.                                                                                      
                                                                                                                                
MS.  RICHTER said  the  fiscal  note does  not  address just  the                                                               
impact of the bill on the  PFD division. SB 265 will affect every                                                               
functional area of  the division minimally. The  situation now is                                                               
that  the division  is  backlogged in  appeals.  There are  4,000                                                               
appeals  and  the   division  is  about  8   months  behind.  The                                                               
eligibility  staff also  handles public  response, "so  we're not                                                               
able now  to deal with the  volume of contact that  we get during                                                               
application season and during payment  season." She is asking for                                                               
two positions including an eligibility  specialist, which takes a                                                               
year to fully  train. The contractual portion of  the fiscal note                                                               
for $96,000  is the cost  of hiring  the contractor to  write the                                                               
agency interface that  the division lost when it  switched to the                                                               
new database system.  The new system will be  very efficient over                                                               
time,  but  pieces are  not  written.  This $96,000  writes  that                                                               
interface and makes this match with DPS possible.                                                                               
                                                                                                                                
9:23:15 AM                                                                                                                    
SENATOR  GREEN asked  if those  costs  will be  incurred with  or                                                               
without SB 265.                                                                                                                 
                                                                                                                                
MS. RICHTER said the division received  the bid but does not have                                                               
the funding to implement it.                                                                                                    
                                                                                                                                
SENATOR BUNDE said that should have been a budget request.                                                                      
                                                                                                                                
MS.  RICHTER  said she  was  not  aware  that  this would  be  an                                                               
unintended  consequence of  rolling the  system over  until after                                                               
the budget passed.                                                                                                              
                                                                                                                                
SENATOR  BUNDE  asked  if  the  division is  funded  out  of  the                                                               
permanent fund.                                                                                                                 
                                                                                                                                
MS. RICHTER  said her  division is  funded out  of money  that is                                                               
transferred to pay the dividends.                                                                                               
                                                                                                                                
MS. MONFREDA said  her office will work out the  details with the                                                               
PFD  division. The  division  fears  a spate  of  calls from  sex                                                               
offenders, and she will try to minimize that.                                                                                   
                                                                                                                                
CHAIR MCGUIRE asked the percentage of people out of compliance.                                                                 
                                                                                                                                
9:25:18 AM                                                                                                                    
MS.  MONFREDA  said  about  90   percent  of  sex  offenders  are                                                               
compliant, and the  state is trying to improve that.  Not all are                                                               
in Alaska, and it takes an investigation to track people.                                                                       
                                                                                                                                
CHRIS  ASHENBRENNER,  Executive  Director,  Council  on  Domestic                                                               
Violence and Sexual Assault, Juneau, said  SB 265 is a great tool                                                               
for tracking sex offenders for safety and accountability.                                                                       
                                                                                                                                
SENATOR FRENCH moved to report  CSSB 265(TRA) from committee with                                                               
individual   recommendations  and   accompanying  fiscal   notes.                                                               
Hearing no objections, CSSB 265(TRA) passed out of committee.                                                                   
                                                                                                                                

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