02/27/2012 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB221 | |
| HB278 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 278 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 221 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
February 27, 2012
1:06 p.m.
MEMBERS PRESENT
Representative Steve Thompson, Vice Chair
Representative Bob Lynn
Representative Lance Pruitt
Representative Max Gruenberg
MEMBERS ABSENT
Representative Carl Gatto, Chair
Representative Wes Keller
Representative Lindsey Holmes
Representative Mike Hawker (alternate)
OTHER LEGISLATORS PRESENT
Representative Mike Chenault
COMMITTEE CALENDAR
HOUSE BILL NO. 221
"An Act relating to the appointment of counsel for persons
accused of crimes; and amending Rule 39.1, Alaska Rules of
Criminal Procedure."
- MOVED HB 221 OUT OF COMMITTEE
HOUSE BILL NO. 278
"An Act allowing as a condition of probation for a defendant
convicted of certain sex offenses a prohibition against the
defendant's residing at a residence where outdoor recreational
equipment suitable for use by children under 16 years of age is
located on the property."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 221
SHORT TITLE: PUBLIC DEFENDER APPOINTMENT PROCEDURES
SPONSOR(S): REPRESENTATIVE(S) CHENAULT
04/01/11 (H) READ THE FIRST TIME - REFERRALS
04/01/11 (H) JUD, FIN
02/22/12 (H) JUD AT 1:00 PM CAPITOL 120
02/22/12 (H) Heard & Held
02/22/12 (H) MINUTE(JUD)
02/24/12 (H) JUD AT 1:00 PM CAPITOL 120
02/24/12 (H) -- MEETING CANCELED --
02/27/12 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 278
SHORT TITLE: SEX OFFENDER PROBATION CONDITIONS
SPONSOR(S): REPRESENTATIVE(S) PETERSEN
01/17/12 (H) PREFILE RELEASED 1/13/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) JUD
02/27/12 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System (ACS)
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 221.
REPRESENTATIVE PETE PETERSEN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 278.
MONICA SOUTHWORTH, Staff
Representative Pete Petersen
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: During discussion of HB 278, responded to
questions on behalf of the sponsor, Representative Petersen.
JEFFREY A. MITTMAN, Executive Director
American Civil Liberties Union of Alaska (ACLU of Alaska)
Anchorage, Alaska
POSITION STATEMENT: Suggested that HB 278 be changed.
CARMEN GUTIERREZ, Deputy Commissioner
Office of the Commissioner - Anchorage
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 278.
NANCY MEADE, General Counsel
Administrative Staff
Office of the Administrative Director
Alaska Court System (ACS)
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during discussion of
HB 278.
SUSAN SULLIVAN, Executive Director
Victims for Justice (VFJ)
Anchorage, Alaska
POSITION STATEMENT: Provided comments during discussion of
HB 278.
TRACEY WOLLENBERG, Deputy Public Defender
Appellate Division
Central Office
Public Defender Agency (PDA)
Department of Administration (DOA)
Anchorage, Alaska
POSITION STATEMENT: Expressed concerns with HB 278.
ACTION NARRATIVE
1:06:32 PM
VICE CHAIR STEVE THOMPSON called the House Judiciary Standing
Committee meeting to order at 1:06 p.m. Representatives
Thompson, Lynn, Pruitt, and Gruenberg were present at the call
to order. Representative Gatto was excused. Representative
Chenault was also in attendance.
HB 221 - PUBLIC DEFENDER APPOINTMENT PROCEDURES
1:07:17 PM
VICE CHAIR THOMPSON announced that the first order of business
would be HOUSE BILL NO. 221, "An Act relating to the appointment
of counsel for persons accused of crimes; and amending Rule
39.1, Alaska Rules of Criminal Procedure."
VICE CHAIR THOMPSON mentioned that members' packets now include
a fiscal note from the Alaska Court System (ACS).
The committee took an at-ease from 1:09 p.m. to 1:11 p.m.
VICE CHAIR THOMPSON noted that public testimony on HB 221 had
been closed during the bill's previous hearing.
1:12:27 PM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System (ACS), in
response to questions, explained that the ACS has submitted a
substantial fiscal note for HB 221, detailing the estimated
costs associated with requiring all who seek court-appointed
legal representation to complete a signed sworn financial
statement, with most of the estimate reflecting costs associated
with the additional ACS personnel that would be needed to assist
everyone with the required forms. She then spoke about the
process currently undertaken by those who are not presumptively
eligible for court-appointed legal representation, highlighting
the fact that if this process must be undertaken by everyone, it
would constitute quite a change in the ACS's daily operations.
She also mentioned that logistical issues would arise, such as
when several defendants from various cases come before the court
handcuffed together. The ACS's fiscal note also reflects the
estimated cost of providing interpreter services during this
phase of the process, and the estimated cost of translating the
necessary forms into languages other than English.
MS. MEADE, in response to questions, pointed out that if HB 221
becomes law, the ACS must arrange to have the necessary
personnel, equipment, and procedures in place, and thus the
bill's fiscal impact wouldn't necessarily change as a result of
adding a specific effective date. She agreed to research the
issue further, though.
1:19:05 PM
REPRESENTATIVE PRUITT moved to report HB 221 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 221 was reported from the
House Judiciary Standing Committee.
The committee took an at-ease from 1:19 p.m. to 1:21 p.m.
HB 278 - SEX OFFENDER PROBATION CONDITIONS
1:21:40 PM
VICE CHAIR THOMPSON announced that the final order of business
would be HOUSE BILL NO. 278, "An Act allowing as a condition of
probation for a defendant convicted of certain sex offenses a
prohibition against the defendant's residing at a residence
where outdoor recreational equipment suitable for use by
children under 16 years of age is located on the property."
1:22:12 PM
REPRESENTATIVE GRUENBERG moved to adopt the proposed committee
substitute (CS) for HB 278, Version 27-LS1197\M, Gardner,
2/23/12, as the working document.
REPRESENTATIVE PRUITT objected for the purpose of discussion.
1:22:35 PM
REPRESENTATIVE PETE PETERSEN, Alaska State Legislature, sponsor,
explained that by altering the statute pertaining to conditions
of probation - AS 12.55.100 - HB 278 would provide the court
with the discretionary authority to set, as an additional
condition of probation for those convicted of certain sex
offenses, a prohibition pertaining to outdoor recreational
equipment suitable for use by children under 16 years of age.
This bill was engendered by a situation [that occurred in
Anchorage] in which a man sexually abused three children after
luring them onto his property with such equipment. The intent
of HB 278 is to prevent such situations from occurring.
According to some national statistics from the Center for Sex
Offender Management (CSOM) - [some of which are] included in
members' packets - one in four girls and one in seven boys have
been sexually assaulted; 67 percent of all people who've been
sexually assaulted are children 17 years of age and younger; 86
percent of all children who are sexually assaulted are female;
previously-convicted perpetrators are much more likely to
reoffend; and child molesters - over a four- to five-year period
- have a recidivism rate of 12.7 percent. Sex offenders - as a
group - are very heterogeneous, and so it's important to treat
each case uniquely and individually, he remarked, indicating
that HB 278 would provide for just that type of treatment,
giving Alaska courts another tool with which to tailor a sex
offender's probation. Again, the bill would only apply in
situations involving certain sex offenses, and the proposed
additional condition of probation would be discretionary, rather
than mandatory. House Bill 278, he relayed in conclusion, is
supported by Victims for Justice (VFJ), the Alaska Peace
Officers Association (APOA), and the Alaska Association of
Chiefs of Police, Inc. (AACOP).
VICE CHAIR THOMPSON said he supports the concept of HB 278, but
remarked that the bill itself seems pretty broad.
1:26:30 PM
MONICA SOUTHWORTH, Staff, Representative Pete Petersen, Alaska
State Legislature, on behalf of the sponsor, Representative
Petersen, in response to questions, offered her understanding
that no other state has a condition of probation like the one
HB 278 is proposing, but pointed out that some of Alaska's
existing conditions of probation already address the private
property of certain convicted sex offenders; for example, there
are conditions pertaining to [residing on property near school
grounds,] to possessing or using a computer, and to using or
creating an Internet site.
VICE CHAIR THOMPSON questioned whether snow machines or
basketballs would qualify as "outdoor recreational equipment"
for purposes of the bill.
MS. SOUTHWORTH said, "I suppose."
VICE CHAIR THOMPSON again remarked on the seeming broadness of
the bill.
REPRESENTATIVE PRUITT expressed concern that such broadness
could potentially violate the constitutional rights of convicted
sex offenders.
REPRESENTATIVE PETERSEN offered his belief that by applying only
to the behavior of installing outdoor recreational equipment on
one's property or at one's residence - rather than to the
behavior of residing at a residence where such equipment is
located - Version M would address such concerns.
REPRESENTATIVE LYNN characterized the intent of the bill as
good, but questioned whether the court already has the authority
to provide for such a condition of probation.
REPRESENTATIVE PETERSEN offered his belief that the court does
have that authority now. However, specifying it in statute
would ensure that the court itself knows it has that authority,
particularly in light of the aforementioned Anchorage situation.
In response to other questions, he ventured that if a convicted
sex offender already had such equipment on his/her property or
at his/her residence, then, depending on the specific facts of
the case, the court could order the person to dismantle the
equipment, or to relocate, or to ask the actual property owner
to dismantle the equipment, as a condition of probation.
VICE CHAIR THOMPSON questioned whether such would constitute a
taking by the state.
REPRESENTATIVE PETERSEN said he didn't know. In response to
other questions, he indicated that the bill's proposed
prohibition would only apply while the convicted sex offender is
on probation; and reiterated that depending on the specific
facts of the case, a convicted sex offender could be ordered to
relocate or to [work with] the actual property owner regarding
installing/dismantling such equipment.
1:35:59 PM
REPRESENTATIVE GRUENBERG expressed a preference for the original
version of the bill, and suggested, therefore, that his motion
to adopt Version M as the work draft be tabled.
The committee took a brief at-ease.
REPRESENTATIVE PRUITT removed his objection to the motion to
adopt Version M as the work draft.
REPRESENTATIVE GRUENBERG made a motion to table his motion to
adopt proposed committee substitute (CS) for HB 278, Version 27-
LS1197\M, Gardner, 2/23/12, as the work draft. There being no
objection, it was so ordered.
1:39:21 PM
JEFFREY A. MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU of Alaska), after mentioning that he'd
provided written testimony detailing the ACLU of Alaska's
concerns with HB 278, pointed out that a convicted sex
offender's inability to find housing once released from prison
can lead to him/her reoffending. He suggested, therefore, that
HB 278 be changed such that the proposed condition of probation
would instead be a prohibition on "creating" an attraction for
children, rather than a prohibition on either "residing" or
"installing".
1:41:11 PM
CARMEN GUTIERREZ, Deputy Commissioner, Office of the
Commissioner - Anchorage, Department of Corrections (DOC) -
after briefly describing how the DOC currently treats those
convicted of sex offenses against children under its sex
offender containment model, and providing some statistics
regarding the resulting recidivism rates - explained that
research indicates that HB 278 would not provide Alaska's
probation officers with a useful tool. She, too, noted that a
convicted sex offender's inability to find housing once he/she
is released from prison can lead to him/her reoffending, and
that the court already has the authority to provide for special
conditions of probation such as the one proposed by the bill
regarding outdoor recreational equipment. She added that
probation officers, if they find anything inappropriate at a
probationer's home, already have the authority to require
him/her to change his/her living situation.
REPRESENTATIVE GRUENBERG questioned the constitutionality of
existing AS 12.55.100(e)(2)(A)-(C).
MR. MITTMAN and MS. GUTIERREZ agreed to research that issue
further.
MS. GUTIERREZ, in response to another question, reiterated that
a convicted sex offender's inability to find housing once he/she
is released from prison can lead to him/her reoffending.
1:54:08 PM
NANCY MEADE, General Counsel, Administrative Staff, Office of
the Administrative Director, Alaska Court System (ACS), said
that the ACS has no position on HB 278. She, too, noted that
the court already has the authority to provide for special
conditions of probation when they are reasonably related to the
initial offense, adding that it's the DOC that makes
recommendations regarding what conditions ought to be imposed.
1:55:21 PM
SUSAN SULLIVAN, Executive Director, Victims for Justice (VFJ),
said that the board of directors of the VFJ shares the sponsor's
concern for victims and potential victims of pedophiles, and
believes HB 278's proposed condition of probation to be
reasonable, not burdensome, particularly given its discretionary
nature.
1:56:52 PM
TRACEY WOLLENBERG, Deputy Public Defender, Appellate Division,
Central Office, Public Defender Agency (PDA), Department of
Administration (DOA), expressed concern that the language of
HB 278's proposed discretionary condition of probation is over-
broad and vague, and thus could leave a convicted sex offender
out on probation without any housing options. For example, the
term, "outdoor recreation equipment" is not yet defined in the
bill, and so could refer to a broad range of items commonly
found in people's homes, and the word, "property" could refer to
an apartment building, over which a tenant who is a convicted
sex offender would have no control. Convicted sex offenders out
on probation are already severely limited with regard to where
they can live, and HB 278 would only increase those limitations
and perhaps create more problems than it would solve. The
perceived problem, she posited, can already be addressed without
the bill, because the court has the authority to impose
conditions of probation that are reasonably related to the
initial offense. In conclusion, she, too, agreed to research
the constitutionality of existing AS 12.55.100(e)(2)(A)-(C).
REPRESENTATIVE PETERSEN, in response to comments, indicated that
he would continue to work on addressing the concerns raised.
VICE CHAIR THOMPSON relayed that HB 278 would be held over [with
the motion to adopt Version M as the work draft having been
tabled].
2:03:42 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:03 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB221-ACS-TRC-2-24-2012.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 221 |
| HB 278 Hearing Request Memo.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |
| HB 278 Sponsor Statement.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |
| HB0278A.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |
| HB278 Letter - Victims for Justice.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |
| HB278-LAW-CRIM-02-23-12.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |
| HB 278 AkDOC 2010 Sex Offender Stats.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |
| HB 278-DOC-OC-02-25-12.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |
| HB 278 AkDOC 2009 Sex Offender Stats.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |
| HB 278 CSOM Understanding Sex Offenders.pdf |
HJUD 2/27/2012 1:00:00 PM |
HB 278 |