Legislature(2007 - 2008)CAPITOL 120

02/15/2007 01:00 PM House JUDICIARY


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Audio Topic
01:12:40 PM Start
01:12:57 PM Overview(s): Sex Offender Management in Alaska
02:48:06 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: <Rescheduled from 02/14/07> TELECONFERENCED
Sex Offender Management in Alaska
- Teresa Foster, Esq. - Office of Special
Prosecutions and Appeals
-John Bodick, Esq. - Assistant Attorney
General
-Samuel Edwards - Deputy Commissioner,
Department of Corrections
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                       February 15, 2007                                                                                        
                           1:12 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Jay Ramras, Chair                                                                                                
Representative Nancy Dahlstrom, Vice Chair                                                                                      
Representative John Coghill                                                                                                     
Representative Bob Lynn                                                                                                         
Representative Ralph Samuels                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Max Gruenberg                                                                                                    
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Representative Mark Neuman                                                                                                      
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  SEX OFFENDER MANAGEMENT IN ALASKA                                                                                 
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TERESA FOSTER, Sexual Assault Prosecutor                                                                                        
Special Prosecutions Unit                                                                                                       
Office of Special Prosecutions & Appeals                                                                                        
Department of Law (DOL)                                                                                                         
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:  Assisted with the overview regarding sex                                                                   
offender management in Alaska.                                                                                                  
                                                                                                                                
SAM EDWARDS, Deputy Commissioner                                                                                                
Office of the Commissioner - Anchorage                                                                                          
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Assisted with  the overview  regarding sex                                                               
offender management in Alaska.                                                                                                  
                                                                                                                                
DONNA WHITE, Director                                                                                                           
Division of Probation and Parole                                                                                                
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Assisted with  the overview  regarding sex                                                               
offender management in Alaska.                                                                                                  
                                                                                                                                
JOHN BODICK, Assistant Attorney General                                                                                         
Legal Services Section-Anchorage                                                                                                
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   Assisted with  the overview  regarding sex                                                               
offender management in Alaska.                                                                                                  
                                                                                                                                
RICK SVOBODNY, Chief Assistant Attorney General                                                                                 
Office of Special Prosecutions & Appeals                                                                                        
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Assisted with  the overview  regarding sex                                                               
offender management in Alaska.                                                                                                  
                                                                                                                                
ANNE CARPENETI, Assistant Attorney General                                                                                      
Legal Services Section-Juneau                                                                                                   
Criminal Division                                                                                                               
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Assisted with  the overview  regarding sex                                                               
offender management in Alaska.                                                                                                  
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting to  order at 1:12:40  PM.  Representatives  Lynn, Holmes,                                                             
Coghill, Samuels, and  Ramras were present at the  call to order.                                                               
Representative Dahlstrom arrived as  the meeting was in progress.                                                               
Representative Neuman was also in attendance.                                                                                   
                                                                                                                                
^OVERVIEW(S):  SEX OFFENDER MANAGEMENT IN ALASKA                                                                              
                                                                                                                                
1:12:57 pm                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the only order of  business would be                                                               
the overview regarding sex offender management in Alaska.                                                                       
                                                                                                                                
1:17:06 pm                                                                                                                    
                                                                                                                                
TERESA  FOSTER, Sexual  Assault Prosecutor,  Special Prosecutions                                                               
Unit,  Office of  Special Prosecutions  & Appeals,  Department of                                                               
Law (DOL),  explained that her  position was created  about three                                                               
years ago  in order  that there  be someone  in the  DOL focusing                                                               
specifically on sexual  offenses - both children  and adult cases                                                               
-  and  serious  domestic  violence (DV)  issues  connected  with                                                               
sexual  offenses;  focusing  on  multidisciplinary  training  and                                                               
training within  the DOL; addressing policy  issues; and carrying                                                               
a specialized  caseload when offices  around the state  are faced                                                               
with cases that  are either too complex for  [an outlying] office                                                               
to handle or  contain conflict issues.  An example  of the latter                                                               
would  be   police  officer  sex   offenders  being   charged  by                                                               
[outlying] offices.                                                                                                             
                                                                                                                                
MS. FOSTER  relayed that  she'd recently done  a quick  survey of                                                               
[the  DOL's]  prosecutors  around  the state  regarding  the  new                                                               
sentencing legislation passed last year  - it provided for a huge                                                               
increase in  sentencing [for  sex offenses]  - and  received near                                                               
unanimous  feedback that  the DOL's  prosecutors  are very  happy                                                               
with that increase,  are finding it to be a  very effective tool,                                                               
and are expecting  that over time they will be  able to measure a                                                               
decrease in sex offenses merely  by having some of the "perpetual                                                               
repeat offenders" put in prison for  a long period of time during                                                               
which  they won't  be  able  to commit  new  offenses.   However,                                                               
because that law is so new, there  are as yet very few cases that                                                               
have been  both charged and sentenced  under the new law,  and so                                                               
it is  hard to know  at this point how  things will play  out and                                                               
what the impact will be.                                                                                                        
                                                                                                                                
MS. FOSTER  said that what  prosecutors are finding in  the short                                                               
run - with the  recent change in sentencing - is  that there is a                                                               
lot of pressure from the  defense to reduce charges or compromise                                                               
cases in  order to avoid  even the first-offense,  low-level "sex                                                               
penalties"  because  they  are so  high;  when  prosecutors  have                                                               
evidentiary   issues    because   of    investigative   problems,                                                               
[reductions or compromises]  have always been an  option in terms                                                               
of  doing plea  agreements,  but it's  department  policy to  not                                                               
compromise cases just to avoid  dealing with high sentences.  The                                                               
end result is  that there will be more cases  going to trial, and                                                               
the [cases]  going through the  negotiation process  "are staying                                                               
there" longer and are becoming difficult to resolve.                                                                            
                                                                                                                                
MS. FOSTER  said that this  is going  to require better  and more                                                               
complete investigations  of both  adult and child  sexual assault                                                               
cases,  and this  will  put even  more of  a  burden on  already-                                                               
limited  investigative  resources,  particularly given  that  the                                                               
number of  sexual assault  cases outside  of the  major municipal                                                               
areas  exceeds, in  raw  numbers, the  number  of sexual  assault                                                               
cases  in  municipal  areas.     For  example,  even  though  the                                                               
population in  the municipality of Anchorage  is approximately 10                                                               
times greater  than the population  in the Bethel  region, during                                                               
the  last  four  years  there  were  more  sexual  assault  cases                                                               
referred  from the  Bethel  region than  were  referred from  the                                                               
municipality of Anchorage  during that same time  period, and yet                                                               
the  police and  investigative  resources  provided to  municipal                                                               
areas far exceeds those provided to rural areas.                                                                                
                                                                                                                                
1:21:49 pm                                                                                                                    
                                                                                                                                
MS. FOSTER,  in response to  questions, explained that  under the                                                               
sexual  abuse of  a  minor  statutes -  AS  11.41.434 through  AS                                                               
11.41.440 -  it is against  the law to have  sex with a  minor if                                                               
those involved are  of certain ages and it is  the sex act itself                                                               
that is the crime regardless  of whether it results in pregnancy,                                                               
and  that  although  physicians  and  their  staff  are  mandated                                                               
reporters, some medical facilities will  avoid asking the name of                                                               
the man  so as not to  be put in  a position of having  to report                                                               
that  a crime  of sexual  assault of  a minor  has occurred.   In                                                               
other  words,  although  some  people   are  required  to  report                                                               
instances of sexual  assault of a minor, they are  under no legal                                                               
obligation to ask how old the man in a particular situation is.                                                                 
                                                                                                                                
MS.  FOSTER,  In  response to  further  questions,  referred  the                                                               
committee  to  the  statute governing  mandated  reporters  -  AS                                                               
47.17.010  - and  relayed that  an entity's  profit or  nonprofit                                                               
status  makes   no  difference  in  whether   its  employees  are                                                               
considered  mandatory  reporters;  that  the age  of  consent  to                                                               
sexual activity  is 16;  that in  order for  the crime  of sexual                                                               
assault of  a minor  to occur,  the offender has  to be  at least                                                               
four years older  than the victim, who in turn  must be under the                                                               
age of 16; and that incestuous sexual relationships are illegal.                                                                
                                                                                                                                
MS. FOSTER,  returning to the  issue of sex  offender management,                                                               
said that two of  the big problems in rural areas  of the state -                                                               
which is where  the vast majority of sex offenders  are located -                                                               
is  that sex  offenders are  getting lower  sentences -  and thus                                                               
being returned  to the  community sooner -  and that  there isn't                                                               
any sex offender treatment available in most rural communities.                                                                 
                                                                                                                                
CHAIR   RAMRAS  spoke   about  the   lack   of  trained   medical                                                               
professionals in  the state, about having  attended the "National                                                               
Legislative  Briefing on  Sex Offender  Management Policy  in the                                                               
States"   conference   in   Arkansas,  about   how   unsuccessful                                                               
psychiatric treatment  is for sex  offenders, and  questioned how                                                               
it  can be  expected -  given Alaska's  limited resources  - that                                                               
offering  treatment in  rural  communities will  help.   He  also                                                               
questioned  how  many  registered  sex  offenders  there  are  in                                                               
Alaska, and  how many  unregistered sex  offenders there  may be.                                                               
He  offered his  understanding  that there  is  only one  trained                                                               
polygraph  [examiner] available  in Alaska,  and so  even if  the                                                               
state  does  come  up  with   a  good  management  plan  for  sex                                                               
offenders, it has no way to monitor them.                                                                                       
                                                                                                                                
1:32:16 pm                                                                                                                    
                                                                                                                                
MS. FOSTER  said she  doesn't know the  number of  registered sex                                                               
offenders  in Alaska  but would  research that  issue, and  noted                                                               
that one  can search the  sex offender registration web  site and                                                               
sort  by  zip code;  many  registered  sex offenders  have  rural                                                               
addresses, and in  a community of 200 people,  for example, there                                                               
might be  three or four  registered sex offenders.   The delivery                                                               
of  services outside  of Alaska's  hub  areas is  extraordinarily                                                               
expensive  -  people  who  provide  sex  offender  treatment  are                                                               
specialized, it's an unpopular field,  and it's hard to keep such                                                               
people employed out  in remote areas - and  there isn't currently                                                               
an  efficient  delivery  system   in  place  for  such  services.                                                               
Furthermore,  the DOL  is  finding that  many  judges don't  even                                                               
bother  ordering  sex  offender  evaluation and  treatment  as  a                                                               
condition of probation for these  offenders, and so the locations                                                               
where the  largest number  of sex offenses  are taking  place are                                                               
locations that have the lowest amount of treatment if any.                                                                      
                                                                                                                                
MS. FOSTER, in response to  a question, said statistics regarding                                                               
recidivism rates  vary widely, though  there is some  belief that                                                               
certain kinds  of treatment -  those that are  behavioral focused                                                               
or  cognitive  focused  or  thinking-error  focused  -  are  more                                                               
effective than other kinds of  treatment.  Although sex offenders                                                               
are incurable,  if there are  enough controls on them,  they will                                                               
be  disinclined to  act  on their  desire  to have  inappropriate                                                               
sexual  contacts.    However, most  studies  measure  success  by                                                               
recidivism  rates -  how often  somebody re-offends  after he/she                                                               
has  been through  a particular  kind of  treatment -  and use  a                                                               
three- to  five-, occasionally  eight-, year  measurement period,                                                               
but for the  first part of the measurement period  an offender is                                                               
in jail  and so  won't be  re-offending, and  that leaves  only a                                                               
short part  of the measurement  period during which  to determine                                                               
an offender's recidivism rate.                                                                                                  
                                                                                                                                
MS. FOSTER went  on to say that when the  measurement periods are                                                               
less than 10  years, she is not persuaded by  claims that there's                                                               
been  a significant  lowering of  recidivism rates,  particularly                                                               
for  sex offenders  who  offend over  a  lifetime.   Furthermore,                                                               
there  are  a  lot  of  studies  which  indicate  that  many  sex                                                               
offenders have  multiple victims  that were never  disclosed, and                                                               
the offenders were never caught  and arrested for those offenses;                                                               
this sort  of information is  now becoming known through  the use                                                               
of  polygraph  testing.   Essentially,  recidivism  studies  only                                                               
illustrate that an offender has  not been caught and arrested for                                                               
another offense, not whether the person isn't re-offending.                                                                     
                                                                                                                                
MS.  FOSTER, in  response to  comments, said  that in  looking at                                                               
both adult  and child  sexual abuse cases,  the vast  majority of                                                               
sex offenses  occur between those  who know each other,  and that                                                               
exclusion-zone  approaches generally  create  more problems  than                                                               
solutions.   In response to  a question, she explained  that when                                                               
the DOL  is referred a  case from law enforcement  and determines                                                               
that the  basic elements of  the offense provide  probable cause,                                                               
that  doesn't  necessarily translate  into  a  case that  can  be                                                               
proven  beyond  a  reasonable  doubt   once  it  goes  to  trial.                                                               
Especially with sex crimes - regardless  of the age of the victim                                                               
- one of  her main training themes with  law enforcement, medical                                                               
personnel,  and  prosecutors  is   to  corroborate  the  victim's                                                               
statement with  extraneous evidence;  this is because  such cases                                                               
boil down  to it being  the statement  of one person  against the                                                               
statement of  another person.   When [law enforcement]  takes the                                                               
time to follow  up on the initial disclosure  and corroborate the                                                               
victim's information,  it builds a  much stronger case,  but when                                                               
law enforcement,  because of a  lack of resources, isn't  able to                                                               
garner that additional information, the  DOL may know that it has                                                               
a  righteous case  but because  of  concerns about  the level  of                                                               
proof, the  DOL may be willing  to compromise and allow  a lesser                                                               
plea  in  order  to  provide   the  victim  with  at  least  some                                                               
accountability.                                                                                                                 
                                                                                                                                
1:44:24 PM                                                                                                                    
                                                                                                                                
MS. FOSTER, in response to  comments, relayed that [the DOL] does                                                               
have  a  multidisciplinary  approach  to  adult  sexual  assaults                                                               
through use  of a sexual  assault response team (SART);  a victim                                                               
advocate, a law  enforcement officer, and a  medical provider all                                                               
come together - generally where  the victim's medical examination                                                               
takes  place -  and  gather the  necessary  information from  the                                                               
victim.   This  is considered  best practices  for this  field of                                                               
investigation.   In response to  a question, she said  that there                                                               
are functioning SARTs  in most of Alaska's  large communities and                                                               
in a lot  of smaller communities, and  that different communities                                                               
handle its  SART differently;  all, though,  will have  a private                                                               
setting in which  to conduct the interview and most  of the exams                                                               
are done  by sexual assault  nurse examiners (SANEs),  which have                                                               
been specially trained  in all aspects of the  physical exam, the                                                               
collection of forensic evidence, in  victim trauma issues, and in                                                               
providing after care.                                                                                                           
                                                                                                                                
MS. FOSTER,  in response to  another question, said that  the use                                                               
of  SARTs has  proven to  be really  helpful in  procuring needed                                                               
medical  information without  further  traumatizing the  victims.                                                               
In terms of  victim response, shelters are still  relaying to the                                                               
DOL that  many victims  still don't report  their assaults.   One                                                               
difference between adult victims and  child victims is that adult                                                               
victims can choose not to  report while still receiving services.                                                               
One  problem that  can then  arise is  that an  adult victim  may                                                               
chose  at first  not to  report but  then have  a change  of mind                                                               
later  but the  forensic evidence  is no  longer available.   She                                                               
offered  her understanding  that  victims who've  gone through  a                                                               
SART process have  relayed that they have felt it  to be a better                                                               
and more supportive process.                                                                                                    
                                                                                                                                
1:53:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  said he's  been  told  by the  Fairbanks                                                               
police department  that it has  logistical problems  with storing                                                               
the evidence that officers have collected.                                                                                      
                                                                                                                                
MS.  FOSTER said  she has  found that  similar space  and storage                                                               
problems  are occurring  throughout the  state.   Especially with                                                               
jurors' expectations being so high  with regard to the importance                                                               
of forensic  evidence, being  able to store  all the  evidence in                                                               
sexual assault  and DV cases  for long  periods of time  would be                                                               
the ideal  given that  the perpetrators in  such cases  often re-                                                               
offend.                                                                                                                         
                                                                                                                                
MS. FOSTER,  in response to questions,  said she is not  aware of                                                               
any  kind of  "tiering" of  Alaska's sex  offender population  in                                                               
terms of  the sex  offender registry.   In general,  the statutes                                                               
provide  for two  types of  registration:   in addition  to being                                                               
registered upon release from prison,  class B felony sex offenses                                                               
and  below   and  single  sex  offenses   warrant  an  additional                                                               
registration period  of 15  years starting  after an  offender is                                                               
off  of  probation, and  [class  A  and unclassified  felony  sex                                                               
offenses]   and  multiple   sex  offenses   warrant  a   lifetime                                                               
registration period.  The sex  offense registry lists the offense                                                               
that  a person  must  register for,  but doesn't  show  all of  a                                                               
perpetrator's offenses.   There is  also quite a bit  of evidence                                                               
coming in  which illustrates that  sex offenders cross  over into                                                               
multiple categories  of offenses and  therefore can no  longer be                                                               
classified as particular types of offenders.                                                                                    
                                                                                                                                
MS. FOSTER noted  that most sex offenders are able  to hide their                                                               
abnormal  sexual interests,  and  so although  sex offenders  may                                                               
appear to  be "normal" and do  come from every walk  of life, her                                                               
belief is  that these people are  not "normal" at all  but rather                                                               
are simply able  to blend in very well, and  this makes them very                                                               
dangerous.                                                                                                                      
                                                                                                                                
CHAIR  RAMRAS expressed  an interest  in hearing  any suggestions                                                               
for legislation  that would be helpful  in identifying, managing,                                                               
or prosecuting offenders.                                                                                                       
                                                                                                                                
2:04:50 PM                                                                                                                    
                                                                                                                                
SAM EDWARDS,  Deputy Commissioner,  Office of the  Commissioner -                                                               
Anchorage,  Department  of  Corrections  (DOC),  relayed  that  a                                                               
three-part containment model is currently  being used by the DOC;                                                               
this   model  involves   treatment,   supervision  by   probation                                                               
officers,  and polygraph  examinations.   In response  to earlier                                                               
comments,  he clarified  that there  are  no certified  treatment                                                               
providers in  Alaska's rural areas  - such providers  are located                                                               
exclusively  in Anchorage,  Fairbanks,  Juneau, and  Kenai -  and                                                               
that  although there  are two  individuals who  are certified  to                                                               
conduct [sex  offender polygraph  exams], neither  have conducted                                                               
the requisite number of sex offender  polygraph exams so as to be                                                               
able to  function on  their own.   Currently the  DOC is  using a                                                               
polygraph examiner  from Washington who  flies up to  conduct sex                                                               
offender polygraph exams in the [DOC's] pilot program.                                                                          
                                                                                                                                
MR. EDWARDS  acknowledged that having enough  treatment providers                                                               
and [qualified] polygraph examiners  is critical to the program's                                                               
implementation  - scheduled  for  July  1 -  and  so  the DOC  is                                                               
working  with the  university to  offer a  master's certification                                                               
program for providers  of sex offender treatment,  and this looks                                                               
promising because a  provider could be certified  after two weeks                                                               
of  education specific  to sex  offender treatment.   The  DOC is                                                               
also  looking to  have the  two in-state  polygraph examiners  be                                                               
supervised by an out-of-state polygraph  examiner until they have                                                               
successfully  completed  the  requisite number  of  sex  offender                                                               
polygraph  exams  - approximately  150  exams.   In  response  to                                                               
questions, he  said that it takes  at least an hour  to conduct a                                                               
polygraph exam, and that the  examiner seeks information specific                                                               
to the sex offender.                                                                                                            
                                                                                                                                
2:09:06 PM                                                                                                                    
                                                                                                                                
DONNA  WHITE,   Director,  Division  of  Probation   and  Parole,                                                               
Department  of Corrections  (DOC), added  that the  DOC primarily                                                               
uses two  different types polygraph  exams:  one type  focuses on                                                               
the  offender's sexual  history, and  the other  type -  called a                                                               
maintenance  monitoring polygraph  -  focuses  on the  offender's                                                               
recent  behavior.    During  each   polygraph  exam,  only  three                                                               
questions  are asked.   In  response to  comments, she  confirmed                                                               
that recent  information garnered from polygraph  exams indicates                                                               
that offenders  commit far more  offenses than just  what they've                                                               
been charged with.                                                                                                              
                                                                                                                                
MS.  WHITE,  in  response  to  a  question,  said  that  Alaska's                                                               
polygraph  examination   program  does  not   "grade"  offenders;                                                               
instead,  probation  officers  for   sex  offenders  use  a  risk                                                               
management tool called a Static-99  - which categorizes people as                                                               
high-, moderate-,  or low-risk  offenders - and  is part  of best                                                               
practices and helps  the DOC determine what  level of supervision                                                               
a particular sex  offender needs.  She explained that  prior to a                                                               
polygraph  exam, an  offender's probation  officer and  treatment                                                               
provider discuss  what issues have  arisen for the  sex offender,                                                               
and then polygraph  exam questions specific to  that offender are                                                               
developed.    There is  a  pre-polygraph  exam during  which  the                                                               
offender is asked general questions,  then there is the polygraph                                                               
exam itself  during which  the aforementioned  specific questions                                                               
are asked, and  then there is a post-polygraph  exam during which                                                               
follow up questions are asked.                                                                                                  
                                                                                                                                
MS. WHITE,  in response to  a question, said polygraph  exams are                                                               
given to offenders after they  are placed on probation/parole and                                                               
released  back into  the community.    In response  to a  further                                                               
question,  she said  that currently,  because approved  treatment                                                               
providers are  only located in Anchorage,  Juneau, Fairbanks, and                                                               
Kenai,  only sex  offenders in  those  areas will  be subject  to                                                               
polygraph examinations after July 1.                                                                                            
                                                                                                                                
2:22:05 PM                                                                                                                    
                                                                                                                                
JOHN BODICK, Assistant Attorney  General, Legal Services Section-                                                               
Anchorage, Criminal  Division, Department  of Law  (DOL), relayed                                                               
that Alaska's  model is based  on Colorado's model, and  that the                                                               
DOC's  pilot project  is testing  almost 30  sex offenders.   One                                                               
legal issue  that has  arisen is  what to  do when  the offender,                                                               
during  the  exam, indicates  that  he/she  has committed  a  new                                                               
offense,  since the  Fifth Amendment  says that  the state  can't                                                               
compel  individuals  to  be witnesses  against  themselves.    In                                                               
Colorado, offenders  are given immunity for  any information they                                                               
divulge  during a  polygraph examination,  thus  freeing them  to                                                               
provide more information  to authorities.  Alaska  has chosen not                                                               
to  take that  approach,  and  the commissioner  of  the DOC  has                                                               
expressed a preference  for all new offenses to  be reported, but                                                               
if  an offender  raises  a Fifth  Amendment  argument, the  state                                                               
couldn't proceed  further in questioning  the offender  about the                                                               
new  offense,  and prosecution  for  that  new offense  would  be                                                               
precluded if the state did  proceed with questioning.  This means                                                               
that  the  State  can't  explore new  criminal  behavior  or  the                                                               
person's full  sexual history, which is  important in determining                                                               
treatment and structuring preventative mechanisms.                                                                              
                                                                                                                                
MR.  BODICK,  in response  to  questions,  opined that  when  sex                                                               
offenders  raise a  Fifth Amendment  argument during  a polygraph                                                               
exam,  it  is  appropriate  to consider  those  offenders  to  be                                                               
untreated and uncontained and  hence warranting [longer] stricter                                                               
probation/parole  supervision  to  ensure   public  safety.    In                                                               
response   to   another   question,   he   indicated   that   the                                                               
administration  has  determined  that  it would  not  be  in  the                                                               
state's best  interest to provide  immunity to sex  offenders for                                                               
any information garnered via a polygraph  exam.  In response to a                                                               
further question, he  said that the benefit  to granting immunity                                                               
is that  the state  would simply get  more information  about the                                                               
offender's  history, thus  allowing the  probation/parole officer                                                               
to better  manage the  offender.   Again, the  administration has                                                               
chosen not to take that  approach, and will instead be attempting                                                               
to prosecute  an offender  for any  new offenses  he/she commits.                                                               
In conclusion, he characterized  Colorado's polygraph exam system                                                               
as a  good one, and  surmised that it may  take some time  to get                                                               
Alaska's polygraph  exam system  up and  running and  resolve any                                                               
problems with it.                                                                                                               
                                                                                                                                
2:35:45 PM                                                                                                                    
                                                                                                                                
RICK  SVOBODNY,  Chief  Assistant  Attorney  General,  Office  of                                                               
Special  Prosecutions   &  Appeals,  Department  of   Law  (DOL),                                                               
confirmed Mr. Bodick's comments regarding immunity.                                                                             
                                                                                                                                
2:39:54 PM                                                                                                                    
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section-Juneau,  Criminal  Division,  Department  of  Law  (DOL),                                                               
offered  the following  suggestions:   make it  a separate  crime                                                               
when sex offenders on probation  start exhibiting pre-curser type                                                               
behaviors that  are known to  lead to recidivism and  are against                                                               
conditions   of   probation;   and  provide   significant   extra                                                               
investigative resources for rural areas of the state.                                                                           
                                                                                                                                
MR.  SVOBODNY  mentioned  that  interviews  with  sexual  assault                                                               
victims in  rural areas of  the state are currently  conducted by                                                               
phone  because of  a  lack  of resources,  and  opined that  such                                                               
interviews should be conducted in person.                                                                                       
                                                                                                                                
MS.  CARPENETI offered  further  suggestions:   that more  people                                                               
involved  in the  process of  investigating  and prosecuting  sex                                                               
offenses - people such as  victim advocates, treatment providers,                                                               
investigators, prosecutors,  and medical  personnel -  should get                                                               
together in order  to help identify the biggest  needs in solving                                                               
the overall problem;  that the state should revisit  the issue of                                                               
providing sex  offender treatment in jail  because most offenders                                                               
will  eventually get  out of  jail  and thus  the more  treatment                                                               
that's provided earlier the better.                                                                                             
                                                                                                                                
MS. FOSTER,  in response  to comments and  a question,  said that                                                               
sex offender programs  and tools that work in other  parts of the                                                               
country, although  appropriate to look  at and glean  from, won't                                                               
necessarily work  in Alaska as  a whole  because of its  size and                                                               
population distribution.   In general, though,  the more officers                                                               
that are out there looking  for certain offenses to be committed,                                                               
the more offenders that are  going to be caught, and surveillance                                                               
of  sex offenders  can be  a very  effective tool,  though it  is                                                               
labor intensive, which translates into "expensive."                                                                             
                                                                                                                                
MS. CARPENETI mentioned  that in Alaska it is a  crime to fail to                                                               
register as a sex offender.                                                                                                     
                                                                                                                                
MS.   FOSTER  said   that  crime   includes  failing   to  notify                                                               
authorities regarding a change of residence.                                                                                    
                                                                                                                                
REPRESENTATIVE  DAHLSTROM   surmised  that  that  crime   is  not                                                               
enforced because of a lack of resources.                                                                                        
                                                                                                                                
2:48:06 PM                                                                                                                    
                                                                                                                                
MS. FOSTER argued  that it is enforced, but  acknowledged that is                                                               
often enforced only when the person  is picked up or contacted by                                                               
the authorities for some other reason.                                                                                          
                                                                                                                                
MR. SVOBODNY  added that  a compliance problem  can arise  when a                                                               
sex offender is living on the  street and doesn't have an address                                                               
that can be listed in the sex offender registry.                                                                                
                                                                                                                                
REPRESENTATIVE LYNN relayed  that he'd found that  a new neighbor                                                               
of his  was an  out-of-compliance sex  offender, but  nothing was                                                               
done  even  months  after  he notified  the  authorities  of  the                                                               
offender's whereabouts.                                                                                                         
                                                                                                                                
MS. FOSTER acknowledged  that she too has  had difficulty getting                                                               
an officer  to file a report  and charge an offender  she knew to                                                               
be out of compliance.                                                                                                           
                                                                                                                                
MR. SVOBODNY,  in response to  comments and questions,  said that                                                               
the  juvenile sex  offender statistic  is higher  than previously                                                               
thought;  that  most  large  communities  have  a  facility  that                                                               
specifically  deals  with  juvenile sex  offenders  and  possible                                                               
future juvenile  sex offenders;  and that  Alaska is  a resource-                                                               
poor  state with  regard to  treating  such juveniles.   If  such                                                               
juveniles  are  not  dealt  with while  they  are  juveniles,  he                                                               
concluded,  it can  almost be  guaranteed that  they will  simply                                                               
turn into adult sex offenders.                                                                                                  
                                                                                                                                
CHAIR  RAMRAS  asked   the  administration's  representatives  to                                                               
provide  the   committee  with  a   report  outlining   what  the                                                               
legislature can do  to address Alaska's sex  offender problem, as                                                               
well as with statistics categorized by community.                                                                               
                                                                                                                                
MS.  FOSTER, in  conclusion, relayed  that about  four years  ago                                                               
she'd  interviewed a  sex offender  born  in 1914  who was  still                                                               
offending.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:01 p.m.                                                                 

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