Legislature(1993 - 1994)

02/10/1993 01:00 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
               HOUSE JUDICIARY STANDING COMMITTEE                              
                        February 10, 1993                                      
                            1:00 p.m.                                          
                                                                               
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
  Rep. Brian Porter, Chairman                                                  
  Rep. Pete Kott                                                               
  Rep. Gail Phillips                                                           
  Rep. Joe Green                                                               
  Rep. Cliff Davidson                                                          
  Rep. Jim Nordlund                                                            
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
  Rep. Jeannette James, Vice-Chair                                             
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
  HJR 9:    Proposing an amendment to the Constitution of the                  
            State of Alaska prohibiting the imposition of                      
            state personal income taxation, state ad valorem                   
            taxation on real property, or state retail sales                   
            taxation without the approval of the voters of the                 
            state.                                                             
                                                                               
            PASSED OUT WITH NO RECOMMENDATION                                  
                                                                               
  HB 69:    "An Act relating to registration of and                            
            information about sex offenders and amending                       
            Alaska Rules of Criminal Procedure 11(c) and                       
            32(b)."                                                            
                                                                               
            HELD IN COMMITTEE FOR FURTHER CONSIDERATION                        
                                                                               
  WITNESS REGISTER                                                             
                                                                               
  REP. TERRY MARTIN                                                            
  Alaska State Legislature                                                     
  State Capitol, Room 411                                                      
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-3783                                                             
  Position Statement:  Supported HJR 9                                         
                                                                               
  RESA JERREL                                                                  
  National Federation of Independent Businesses                                
  9159 Skywood                                                                 
  Juneau, Alaska 99801                                                         
  Phone:  789-4278                                                             
  Position Statement:  Supported HJR 9                                         
                                                                               
  DOUG WOOLIVER                                                                
  Staff for the House Majority                                                 
  Alaska State Legislature                                                     
  Capitol Building, Room 24                                                    
  Juneau, Alaska 99801-1182                                                    
  Phone:  465-6846                                                             
  Position Statement:  Supported HB 69                                         
                                                                               
  COMMISSIONER LLOYD RUPP                                                      
  Department of Corrections                                                    
  P.O. Box 112000                                                              
  Juneau, Alaska 99811-2000                                                    
  Phone:  465-3376                                                             
  Position Statement:  Supported HB 69                                         
                                                                               
  C.E. SWACKHAMMER                                                             
  Deputy Commissioner                                                          
  Department of Public Safety                                                  
  P.O. Box 111200                                                              
  Juneau, Alaska 99811-1200                                                    
  Phone:  465-4322                                                             
  Position Statement:  Supported HB 69                                         
                                                                               
  CINDY SMITH                                                                  
  Alaska Network on Domestic Violence and Sexual Assault                       
  419 Sixth Street                                                             
  Juneau, Alaska 99801                                                         
  Phone:  586-3650                                                             
  Position Statement:  Supported HB 69                                         
                                                                               
  MARGOT KNUTH                                                                 
  Assistant Attorney General                                                   
  Criminal Division                                                            
  Department of Law                                                            
  P.O. Box 110300                                                              
  Juneau, Alaska 99811-0300                                                    
  Phone:  465-3428                                                             
  Position Statement:  Discussed HB 69                                         
                                                                               
  PREVIOUS ACTION                                                              
                                                                               
  BILL:  HJR  9                                                                
  SHORT TITLE: VOTER APPROVAL FOR NEW TAXES                                    
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) MARTIN                                         
                                                                               
  TITLE: Proposing an amendment to the Constitution of the                     
  State of Alaska prohibiting the imposition of state personal                 
  income taxation, state ad valorem taxation on real property,                 
  or state retail sales taxation without the approval of the                   
  voters of the state.                                                         
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/04/93        23    (H)   PREFILE RELEASED                                 
  01/11/93        23    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/11/93        23    (H)   STATE AFFAIRS,JUDICIARY,FINANCE                  
  01/19/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/21/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/21/93              (H)   MINUTE(STA)                                      
  01/23/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/23/93              (H)   MINUTE(STA)                                      
  01/26/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/26/93              (H)   MINUTE(STA)                                      
  01/30/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  01/30/93              (H)   MINUTE(STA)                                      
  01/30/93              (H)   MINUTE(STA)                                      
  02/02/93              (H)   MINUTE(STA)                                      
  02/03/93       209    (H)   STA RPT  3DP  2DNP  2NR                          
  02/03/93       209    (H)   DP: VEZEY, SANDERS, KOTT                         
  02/03/93       209    (H)   DNP: ULMER, B.DAVIS                              
  02/03/93       209    (H)   NR: OLBERG, G.DAVIS                              
  02/03/93       209    (H)   -FISCAL NOTE  (GOV)  2/3/93                      
  02/03/93       209    (H)   -ZERO FISCAL NOTE (REV) 2/3/93                   
  02/10/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  BILL:  HB  69                                                                
  SHORT TITLE: SEX OFFENDER REGISTRATION                                       
  BILL VERSION:                                                                
  SPONSOR(S): REPRESENTATIVE(S) BARNES,Ulmer,Phillips,                         
  Nordlund,Porter,Olberg,James,B.Davis,Green,Sanders,                          
  Toohey                                                                       
                                                                               
  TITLE: "An Act relating to registration of and information                   
  about sex offenders and amending Alaska Rules of Criminal                    
  Procedure 11(c) and 32(b)."                                                  
                                                                               
  JRN-DATE    JRN-PG                     ACTION                                
  01/15/93        89    (H)   READ THE FIRST TIME/REFERRAL(S)                  
  01/15/93        90    (H)   STATE AFFAIRS,JUDICIARY,FINANCE                  
  01/27/93       169    (H)   COSPONSOR(S): NORDLUND                           
  01/29/93       183    (H)   COSPONSOR(S): PORTER                             
  02/01/93       202    (H)   COSPONSOR(S): OLBERG, JAMES,                     
                              B.DAVIS                                          
  02/02/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  02/02/93              (H)   MINUTE(STA)                                      
  02/03/93       223    (H)   COSPONSOR(S): GREEN, SANDERS,                    
                              TOOHEY                                           
  02/04/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  02/06/93              (H)   STA AT 08:00 AM CAPITOL 102                      
  02/06/93              (H)   MINUTE(STA)                                      
  02/08/93       250    (H)   STA RPT  CS(STA)  4DP                            
  02/08/93       251    (H)   DP:VEZEY,SANDERS,ULMER,G.DAVIS                   
  02/08/93       251    (H)   -2 ZERO FNS (LAW, CORR) 2/8/93                   
  02/10/93              (H)   JUD AT 01:00 PM CAPITOL 120                      
                                                                               
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
  TAPE 93-11, SIDE A                                                           
  Number 000                                                                   
                                                                               
  The House Judiciary Standing Committee meeting was called to                 
  order at 1:13 p.m. on February 10, 1993.  A quorum was                       
  present.  CHAIRMAN PORTER acknowledged the presence of Rep.                  
  Terry Martin and Department of Corrections Commissioner                      
  Lloyd Rupp.  Chairman Porter announced that the first order                  
  of business was HJR 9, Voter Approval for New Taxes.  He                     
  called Rep. Martin to come forward and address the                           
  committee.                                                                   
  HJR 9 - VOTER APPROVAL FOR NEW TAXES                                         
                                                                               
  Number 031                                                                   
                                                                               
  REP. TERRY MARTIN, PRIME SPONSOR OF HJR 9, thanked Chairman                  
  Porter for promptly scheduling HJR 9.  He explained that HJR
  9 would give the citizens of Alaska a right that citizens of                 
  many other states enjoyed:  being part of the body that                      
  determined taxation issues.  He stated that Alaska's                         
  constitution was quite restrictive regarding taxation                        
  powers.                                                                      
                                                                               
  REP. MARTIN noted the growing awareness among Americans of                   
  the powers of taxation, saying that through initiatives and                  
  referenda, the voters were taking control of state budgets.                  
                                                                               
  REP. MARTIN commented that in most states, 2/3 of each house                 
  of the legislature had to approve a tax.  However, in                        
  Alaska, only a simple majority was required.  He said fifty                  
  percent of states that required a super-majority of each                     
  house to approve a tax also required voter approval of that                  
  new tax.                                                                     
                                                                               
  REP. MARTIN stated that the power of taxation was a                          
  balancing act between legislators and the people.  He said                   
  people did not mind paying taxes as long as they knew that                   
  their money was going to something worthwhile.  He mentioned                 
  that in the most recent election, there had been at least 13                 
  amendments on various states' ballots that severely limited                  
  legislators' powers of taxation.                                             
                                                                               
  Number 136                                                                   
                                                                               
  (Rep. Gail Phillips arrived.)                                                
                                                                               
  Number 147                                                                   
                                                                               
  REP. GREEN asked about who had the powers of taxation in                     
  other states.                                                                
                                                                               
  Number 160                                                                   
                                                                               
  REP. MARTIN replied that most states required the vote of a                  
  super-majority of both houses of the legislature.  In                        
  contrast, HJR 9 would only require a simple majority vote of                 
  both houses, plus approval of the voters.                                    
                                                                               
  Number 200                                                                   
                                                                               
  CHAIRMAN PORTER asked Rep. Martin to explain his comment                     
  that the public did not mind being taxed, so long as the tax                 
  was going to be spent on something worthwhile, in light of                   
  the state's prohibition on dedicated taxes.                                  
                                                                               
  Number 220                                                                   
                                                                               
  REP. MARTIN replied that although taxes could not be                         
  dedicated, legislators would feel obligated to spend tax                     
  funds on certain programs, according to the will of the                      
  voters.                                                                      
                                                                               
  Number 250                                                                   
                                                                               
  REP. PHILLIPS commented that she had met with Judge Stewart,                 
  one of the framers of the Alaska constitution, the day                       
  before.  They had discussed the legislature's role in                        
  determining taxation and the importance of the legislature                   
  not giving up that responsibility.  She commented that at                    
  times the public jumped on the bandwagon about certain                       
  issues without undertaking the thorough review of those                      
  issues that the legislature did.  She asked Rep. Martin if                   
  he had discussed HJR 9 with Judge Stewart.                                   
                                                                               
  Number 271                                                                   
                                                                               
  REP. MARTIN responded that although he had spoken with Judge                 
  Stewart about other issues, they had not discussed HJR 9.                    
  Rep. Martin said he differed with the judge on the issue of                  
  the people controlling taxation.                                             
                                                                               
  (Rep. Nordlund joined the committee.)                                        
                                                                               
  Number 314                                                                   
                                                                               
  REP. PHILLIPS asked if Rep. Martin had looked into granting                  
  the public the right to rescind a tax.                                       
                                                                               
  Number 323                                                                   
                                                                               
  REP. MARTIN replied that such a proposal would probably need                 
  to be addressed in another piece of legislation.  He                         
  mentioned the state of California's now-defunct "crazy                       
  cracker" tax, which was rescinded by the voters.                             
                                                                               
  REP. MARTIN said that he did not believe that legislators                    
  did a better job than the people in deliberating the issues.                 
  He stated that Alaska was rife with educated people who                      
  discussed issues before them on the ballot.                                  
                                                                               
  Number 371                                                                   
                                                                               
  REP. NORDLUND asked Rep. Martin how many other states had                    
  provisions similar to HJR 9 in their constitutions.                          
                                                                               
  REP. MARTIN replied that approximately 50 percent of the                     
  states allowed the voters to approve taxation.  Before that                  
  approval, however, about 80 percent of the states required a                 
  2/3 vote of each house of the legislature.                                   
                                                                               
  Number 391                                                                   
                                                                               
  REP. NORDLUND asked if HJR 9 pertained to the imposition of                  
  new taxes or the raising of existing taxes.                                  
                                                                               
  Number 399                                                                   
                                                                               
  REP. MARTIN replied that HJR 9 pertained to raising personal                 
  taxes or imposing a new personal tax.  He noted that the                     
  resolution had nothing to do with corporate taxes or any                     
  other taxes, except for those that impacted an individual's                  
  income.                                                                      
                                                                               
  Number 404                                                                   
                                                                               
  REP. NORDLUND said that he was concerned that individuals                    
  could not get adequate information on which to base their                    
  votes for or against a tax.  He noted that taxation issues                   
  were often very complex.  He commented on the superficiality                 
  of campaign issues and said that he was skeptical about the                  
  ability of the public to glean substantial, meaningful                       
  messages from a 30-second television commercial.                             
                                                                               
  Number 425                                                                   
                                                                               
  REP. MARTIN commented that the voters of Alaska must be very                 
  intelligent as they had elected both himself and Rep.                        
  Nordlund.  He said that Alaskans discussed the issues among                  
  themselves, citing the constitutional convention ballot                      
  question as an example.                                                      
                                                                               
  Number 450                                                                   
                                                                               
  CHAIRMAN PORTER asked Rep. Martin if this proposal had been                  
  before the legislature in past years.                                        
                                                                               
  Number 454                                                                   
                                                                               
  REP. MARTIN responded that he had introduced the resolution                  
  for the past six or eight years.                                             
                                                                               
  Number 457                                                                   
                                                                               
  CHAIRMAN PORTER asked Rep. Martin how far along in the                       
  legislative process his proposal had gotten in the past.                     
                                                                               
  REP. MARTIN replied that where HJR 9 was today was the                       
  furthest that his proposal had ever been in the legislative                  
  process.                                                                     
                                                                               
  Number 478                                                                   
                                                                               
  RESA JERREL, representing the NATIONAL FEDERATION OF                         
  INDEPENDENT BUSINESSES (NFIB), testified in support of HJR
  9.  She commented that she had asked the NFIB members, in an                 
  annual poll, if the state should increase taxes or decrease                  
  spending.  She said 93 percent of respondents answered that                  
  the state should decrease spending.  She stated that in 1990                 
  a poll question regarding reimposition of the personal                       
  income tax had resulted in 80 percent of respondents voting                  
  against the proposal.                                                        
                                                                               
  Number 497                                                                   
                                                                               
  MS. JERREL commented that the year before, a representative                  
  from Fairbanks had introduced a series of income tax bills.                  
  She said that in response to an alert she issued to her                      
  members about a gross receipts tax, she received two and                     
  one-half pounds of faxes and letters urging the legislature                  
  to oppose the tax.  She said that the gross receipts tax                     
  bill was not difficult to understand.  She added that people                 
  could be educated through various means.                                     
                                                                               
  Number 526                                                                   
                                                                               
  CHAIRMAN PORTER asked Ms. Jerrel if her poll question bore a                 
  direct correlation to HJR 9.                                                 
                                                                               
  Number 531                                                                   
                                                                               
  MS. JERREL responded that her poll did not include a                         
  question specifically relating to HJR 9, but she believed                    
  there to be an indirect correlation between the poll                         
  question and Rep. Martin's resolution.                                       
                                                                               
  Number 537                                                                   
                                                                               
  REP. PHILLIPS asked Ms. Jerrel if her organization had ever                  
  discussed the ability of the public to rescind taxes.                        
                                                                               
  Number 541                                                                   
                                                                               
  MS. JERREL replied that she did not recall any poll                          
  questions on the subject being asked since 1985.                             
                                                                               
  Number 550                                                                   
                                                                               
  REP. GREEN made a motion to pass HJR 9 out of the Judiciary                  
  Committee with individual recommendations.                                   
                                                                               
  Number 553                                                                   
                                                                               
  Hearing no objection, CHAIRMAN PORTER ordered that HJR 9 be                  
  moved out of committee with individual recommendations.                      
                                                                               
  Number 558                                                                   
                                                                               
  CHAIRMAN PORTER announced that HB 69 was now before the                      
  committee.                                                                   
  HB 69 - SEX OFFENDER REGISTRATION                                            
                                                                               
  DOUG WOOLIVER, STAFF TO THE HOUSE MAJORITY, spoke on behalf                  
  of HB 69's SPONSOR, SPEAKER RAMONA BARNES, who was unable to                 
  be present.  He said that HB 69 would require sex offenders                  
  to register with the Alaska State Troopers, and HB 69 would                  
  cover not only those people convicted of sex offenses in                     
  Alaska, but also those convicted of sex offenses in other                    
  states.  He noted that the bill was retroactive to cover                     
  crimes committed from five to ten years earlier, depending                   
  on the severity of the crime.                                                
                                                                               
  Number 593                                                                   
                                                                               
  MR. WOOLIVER stated that the bill provided that new Alaska                   
  residents had 45 days in which to register with the state                    
  troopers.  Current Alaska residents would have 30 days in                    
  which to register, he added.  He said that Speaker Barnes                    
  requested that the committee look at shortening those time                   
  periods.  He stated that when an offender registered, he or                  
  she would provide a name, address, place of employment, date                 
  of birth, crime for which they were convicted, date of                       
  conviction, place and court of conviction, length of                         
  sentence, fingerprints, photograph, driver's license number,                 
  and any aliases they had used.  He said that with the                        
  exception of the fingerprints, photograph, driver's license                  
  number, and aliases, this registration information would be                  
  available to the public.                                                     
                                                                               
  Number 612                                                                   
                                                                               
  MR. WOOLIVER cited the tremendously high rate of sex                         
  offenses in Alaska.  He said Alaska led the nation in child                  
  sexual abuse and was second in the nation in terms of sexual                 
  assaults in general.  He commented that many people came to                  
  Alaska to get away from their pasts.  He cited a California                  
  study that found a very high recidivism rate for sex                         
  offenders.  Because of the high rate of sex offenses in                      
  Alaska and the high rate of recidivism, he said, it was                      
  important that information on the offenders be accessible to                 
  the public.                                                                  
                                                                               
  Number 652                                                                   
                                                                               
  MR. WOOLIVER said currently, limited information on sex                      
  offenders was available.  However, that was only in the case                 
  of job applicants or those who held jobs where they                          
  supervised or disciplined children.  Mr. Wooliver noted HB
  69 would greatly increase the availability of information on                 
  convicted sex offenders.                                                     
                                                                               
  Number 668                                                                   
                                                                               
  MR. WOOLIVER commented that HB 69 would aid in the                           
  apprehension of perpetrators.  He said 18 states had sex                     
  offender registration laws in place, 11 of which had been                    
  enacted since 1985.                                                          
                                                                               
  Number 686                                                                   
                                                                               
  REP. GREEN asked how the law could be enforced when                          
  convicted sex offenders entered Alaska from other                            
  jurisdictions.                                                               
                                                                               
  Number 697                                                                   
                                                                               
  MR. WOOLIVER replied that HB 69 provided for penalties for                   
  not registering with the state troopers.  He said a proposed                 
  change would tighten up the penalty section of the bill.                     
  Currently, he acknowledged, the law would be difficult to                    
  enforce; but it was a step in the right direction.                           
                                                                               
  Number 724                                                                   
                                                                               
  REP. GREEN asked why the photograph of a convicted sex                       
  offender would not be made public, along with much of the                    
  other registration information.                                              
                                                                               
  Number 735                                                                   
                                                                               
  MR. WOOLIVER responded that the bill could be amended so as                  
  to make photographs public.  He noted that there might be                    
  right to privacy concerns surrounding the public                             
  dissemination of photographs.                                                
                                                                               
  Number 745                                                                   
                                                                               
  REP. GREEN asked if a court might strike down a law making                   
  photographs of convicted sex offenders public information.                   
                                                                               
  Number 748                                                                   
                                                                               
  MR. WOOLIVER expressed an opinion that the law might be less                 
  likely to stand up to a court challenge if it included the                   
  public dissemination of photographs of convicted sex                         
  offenders.                                                                   
                                                                               
  CHAIRMAN PORTER mentioned Alaska's constitutional right to                   
  privacy.                                                                     
                                                                               
  TAPE 93-11, SIDE B                                                           
  Number 000                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Wooliver why sex offenders should                  
  register for a limited amount of time (five or ten years),                   
  instead of for the rest of their lives.                                      
                                                                               
  Number 022                                                                   
                                                                               
  MR. WOOLIVER responded that Speaker Barnes would not mind                    
  increasing the amount of time during which offenders were                    
  required to register.  He said many states had lifetime                      
  registration requirements.  The only way that an offender                    
  could be released from registration requirements in those                    
  states would be to petition the court.                                       
                                                                               
  Number 031                                                                   
                                                                               
  CHAIRMAN PORTER stated that representatives of the                           
  Departments of Public Safety and Corrections would address                   
  the committee later.                                                         
                                                                               
  Number 039                                                                   
                                                                               
  REP. PHILLIPS notified the committee that during a recent                    
  district teleconference her constituents had asked why new                   
  residents of Alaska were given such a lengthy period in                      
  which to register.                                                           
                                                                               
  Number 060                                                                   
                                                                               
  MR. WOOLIVER outlined the changes that had been made to HB
  69 in the House State Affairs Committee.  He called the                      
  members' attention to the last sentence on page 1 of the                     
  bill, which raised the penalty for failing to register for                   
  those who had been convicted of the more serious sex                         
  offenses.  He also noted that the time periods in which                      
  offenders were given to register had been shortened from 45                  
  days to 14 days for non-Alaska residents, and from 30 days                   
  to seven days for Alaska residents.  He noted that parolees                  
  under the Interstate Compact on Probation and Parole program                 
  had seven days in which to register.                                         
                                                                               
  Number 095                                                                   
                                                                               
  MR. WOOLIVER noted a change on page 3, section (c), which                    
  held that if an offender was unable to register with the                     
  Alaska State Troopers, he or she could register with a                       
  municipal police department.  An earlier version of HB 69                    
  had said that if an offender lived 50 miles or more from an                  
  Alaska State Trooper station, he or she could register with                  
  a municipal police department.  He said the change had been                  
  made because state troopers were occasionally not in their                   
  stations for days at a time, as they were accompanying                       
  prisoners and performing other duties.                                       
                                                                               
  Number 117                                                                   
                                                                               
  MR. WOOLIVER stated that a small, technical change had been                  
  made to the section of the bill pertaining to the Central                    
  Registry of Sex Offenders.  Whereas an earlier version of HB
  69 had said that the Alaska State Troopers would maintain                    
  the registry, the current work draft now provided that the                   
  Department of Public Safety would do that.                                   
                                                                               
  Number 127                                                                   
                                                                               
  REP. KOTT asked Mr. Wooliver about the possibility of                        
  enacting a lifetime registration requirement, and of                         
  including offenses committed more than ten years prior to                    
  passage of HB 69.                                                            
                                                                               
  MR. WOOLIVER responded that as a practical matter, the state                 
  might only be able to go back a certain number of years due                  
  to the difficulty of accessing old records.                                  
                                                                               
  Number 156                                                                   
                                                                               
  REP. KOTT asked Mr. Wooliver about a convicted sex offender                  
  who had served a jail sentence, successfully completed                       
  probation or parole, and was faced with a new requirement                    
  that he or she register with the state.  He asked if HB 69                   
  would be considered an "ex post facto" law.                                  
                                                                               
  Number 166                                                                   
                                                                               
  MR. WOOLIVER replied that he did not believe that HB 69 was                  
  an ex post facto law.  He said the prohibition against ex                    
  post facto laws meant that laws could not be passed that                     
  increased the penalty for a crime that had already been                      
  committed.  He said that the courts, when determining                        
  whether a law violated the ex post facto provision, looked                   
  at whether the law was punitive or regulatory.  If laws were                 
  punitive, then they received an ex post facto analysis.  He                  
  said HB 69 was a regulatory action and therefore did not                     
  violate the prohibition of ex post facto laws.  He added                     
  that changing the bill to require lifetime registration                      
  would not change that fact.                                                  
                                                                               
  MR. WOOLIVER noted that for HB 69 the registration                           
  requirement did not begin until the end of probation or                      
  parole.  He said the law was retroactive, as were similar                    
  laws in other states.                                                        
                                                                               
  Number 202                                                                   
                                                                               
  REP. GREEN asked Mr. Wooliver to clarify how HB 69 was                       
  retroactive in relation to parole and probation periods.                     
                                                                               
  Number 210                                                                   
                                                                               
  MR. WOOLIVER commented that, as the bill was currently                       
  written, an offender who had committed a more serious sex                    
  offense eight years before and was required, under HB 69, to                 
  register for ten years, would be covered by the bill's                       
  provisions.  However, an offender who had committed a crime                  
  requiring a ten-year registration period twelve years                        
  earlier would not be covered by HB 69.                                       
                                                                               
  MR. WOOLIVER noted that if there was a lifetime registration                 
  period, there would be a question as to whether or not                       
  anyone ever convicted of a sex crime in another state would                  
  also be required to register.                                                
                                                                               
  Number 224                                                                   
                                                                               
  REP. NORDLUND asked Mr. Wooliver if the misdemeanor crime of                 
  failing to register was an ex post facto situation.                          
                                                                               
  Number 233                                                                   
                                                                               
  MR. WOOLIVER replied that he did not believe so.                             
                                                                               
  Number 243                                                                   
                                                                               
  CHAIRMAN PORTER asked Mr. Wooliver to ask HB 69's sponsor if                 
  she were opposed to any of the changes that the committee                    
  proposed to make to the bill.                                                
                                                                               
  Number 246                                                                   
                                                                               
  COMMISSIONER LLOYD RUPP, from the DEPARTMENT OF CORRECTIONS,                 
  testified in support of HB 69, as amended.  He stated that                   
  he supported lifetime registration for sex offenders.  He                    
  commented on his background of having run a sex offender                     
  treatment program for three years.  He said he had created a                 
  sex offender treatment program for the U. S. Marine Corps                    
  and had helped the Navy to develop its new sex offender                      
  treatment program.                                                           
                                                                               
  Number 250                                                                   
                                                                               
  COMMISSIONER RUPP mentioned that research had shown that,                    
  particularly in the case of pedophiles, for every known                      
  perpetration, another 150 were not reported.  He noted that                  
  some sexual deviances were lifelong.  For that reason, he                    
  said, he strongly supported lifetime registration.                           
                                                                               
  Number 283                                                                   
                                                                               
  COMMISSIONER RUPP said that research demonstrated that                       
  people who molested children often went on to commit other                   
  sex crimes.  He reiterated the department's support for HB
  69.  Commissioner Rupp commented that sexual deviants had a                  
  lifetime problem, similar to alcoholics or drug addicts.  He                 
  said HB 69 would send a strong signal that society                           
  recognized the lifetime nature of their problem and intended                 
  that the perpetrators also recognize that.                                   
                                                                               
  Number 315                                                                   
                                                                               
  CHAIRMAN PORTER asked Commissioner Rupp if he had ever come                  
  across a pedophile who had been rehabilitated.                               
                                                                               
  Number 320                                                                   
                                                                               
  COMMISSIONER RUPP replied that one should never bank on a                    
  sadistic, fixated pedophile.  However, he said, some people                  
  who committed pedophilic acts could control their problem,                   
  in his opinion.  He commented that in his personal                           
  experience he had never come across a rehabilitated                          
  pedophile.  He noted that it did not hurt to register sex                    
  offenders and would aid law enforcement.                                     
                                                                               
  Number 376                                                                   
                                                                               
  DEPUTY COMMISSIONER C.E. SWACKHAMMER, of the DEPARTMENT OF                   
  PUBLIC SAFETY, commented that his department supported HB 69                 
  because of its deterrent effect and because it would aid law                 
  enforcement officials.  He noted that the Alaska Chiefs of                   
  Police Association also supported HB 69.                                     
                                                                               
  Number 388                                                                   
                                                                               
  REP. PHILLIPS asked Deputy Commissioner Swackhammer if an                    
  increase in registration period lengths would cause the                      
  department any difficulty.                                                   
                                                                               
  Number 394                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER replied that it would not                    
  cause any difficulty.                                                        
                                                                               
  Number 397                                                                   
                                                                               
  REP. PHILLIPS asked if Village Public Safety Officers                        
  (VPSOs) would register sex offenders.                                        
                                                                               
  Number 401                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER responded that VPSOs would                   
  not register sex offenders, as they were not equipped with                   
  photography and fingerprinting equipment.  He said HB 69                     
  held that sex offenders could register with municipal police                 
  departments as well as state trooper stations because, in                    
  some communities, troopers were away from their stations for                 
  long periods of time.                                                        
                                                                               
  Number 415                                                                   
                                                                               
  REP. PHILLIPS asked Deputy Commissioner Swackhammer how sex                  
  offenders would be notified of their duty to register.                       
                                                                               
  Number 421                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER said the department planned                  
  to advertise the requirement through the Court System, the                   
  Department of Corrections, and the Division of Motor                         
  Vehicles.                                                                    
                                                                               
  Number 423                                                                   
                                                                               
  REP. PHILLIPS asked if notification would be placed in                       
  newspapers and on the radio as well.                                         
                                                                               
  Number 427                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER replied that he had not                      
  considered placing notices in the newspaper and on the                       
  radio.                                                                       
                                                                               
  Number 429                                                                   
                                                                               
  REP. PHILLIPS said some people opposed HB 69 because they                    
  feared that it would encourage vigilantism.                                  
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER responded that he had not                    
  thought about the possibility of vigilantism.  He added that                 
  much would depend on how the registration program                            
  information was disseminated.  He said the purpose of the                    
  regulations was to ensure that the department properly dealt                 
  with Freedom of Information Act and Privacy Act issues.                      
                                                                               
  Number 443                                                                   
                                                                               
  REP. PHILLIPS commented that one legislator had a                            
  constituency that was very concerned about the vigilante                     
  aspect of the bill.                                                          
                                                                               
  Number 447                                                                   
                                                                               
  CHAIRMAN PORTER said that one response to that constituency                  
  would be that people were being convicted of sex offenses in                 
  Alaska all the time.  He stated that he doubted that                         
  vigilantism would start upon enactment of HB 69, given that                  
  so many opportunities for it had existed in the past.                        
                                                                               
  CHAIRMAN PORTER asked if Deputy Commissioner Swackhammer                     
  would comment on possibly including a requirement that an                    
  offender provide a blood sample as part of the registration                  
  process.                                                                     
                                                                               
  Number 463                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER commented that California                    
  required sex offenders to provide blood and saliva samples.                  
  He said he thought it would be helpful if a similar program                  
  were in place in Alaska as well.  However, he said, that                     
  technology in the state crime lab was not yet sophisticated                  
  enough to allow DNA testing.  He stated that the department                  
  should have the appropriate technology in place within two                   
  to three years.                                                              
                                                                               
  Number 475                                                                   
                                                                               
  CHAIRMAN PORTER asked if the department would support HB
  69's inclusion of language allowing the department to                        
  require blood and saliva samples from offenders when                         
  appropriate technology was available.                                        
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER said the department would                    
  support that.                                                                
                                                                               
  REP. KOTT asked if the department would support registration                 
  of anyone convicted of an unclassified felony.                               
                                                                               
  Number 486                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER replied that law enforcement                 
  did have the ability to do that, to some extent.  He added                   
  that sometimes great volumes of data were a problem in and                   
  of themselves in that there was no appropriate way to deal                   
  with it all.                                                                 
                                                                               
  Number 502                                                                   
                                                                               
  CHAIRMAN PORTER asked if one opportunity for learning that                   
  an unregistered sex offender was in the state would be the                   
  normal course of records checks conducted by law enforcement                 
  officials.                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER said that for new residents                  
  of Alaska it would be an opportunity.                                        
                                                                               
  Number 512                                                                   
                                                                               
  REP. NORDLUND mentioned a situation in Anchorage in which                    
  neighbors had learned that a convicted sex offender had                      
  moved into the neighborhood.  He said the neighbors were                     
  upset that police had not informed them that a convicted sex                 
  offender was in the neighborhood.  He said that neighbors                    
  had found out about the sex offender because children had                    
  been lured into the house and found inappropriate pictures                   
  on the walls, which they reported to parents.                                
                                                                               
  REP. NORDLUND noted that neighbors contacted authorities and                 
  were finally able to pressure the man to move out of the                     
  neighborhood.  He asked Deputy Commissioner Swackhammer how                  
  the neighbors would have found out that the man was a                        
  convicted sex offender.  Also, he wanted to know if HB 69                    
  could provide for notification of community officials when a                 
  sex offender moved into a neighborhood.                                      
                                                                               
  Number 531                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER replied that neighbors could                 
  have looked at court records, which were public documents.                   
                                                                               
  Number 539                                                                   
                                                                               
  REP. NORDLUND asked how much of an improvement HB 69 was                     
  over what currently existed in law, given that HB 69 would                   
  not provide for notification of community officials.                         
                                                                               
  Number 542                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER commented that HB 69 was                     
  geared toward law enforcement, in terms of having a central                  
  registry of sex offenders.  He said that the issue of                        
  information dissemination would be addressed in the                          
  regulations.  He added that the regulations would be written                 
  so as to comply with the Freedom of Information Act and the                  
  Right to Privacy Act.                                                        
                                                                               
  Number 558                                                                   
                                                                               
  REP. KOTT asked if HB 69 would encourage defendants to plead                 
  guilty to lesser charges.                                                    
                                                                               
  Number 568                                                                   
                                                                               
  DEPUTY COMMISSIONER SWACKHAMMER responded that he did not                    
  think HB 69 would change the rate of plea bargaining.                        
                                                                               
  TAPE 93-12, SIDE A                                                           
  Number 000                                                                   
                                                                               
  CINDY SMITH, EXECUTIVE DIRECTOR OF THE ALASKA NETWORK ON                     
  DOMESTIC VIOLENCE AND SEXUAL ASSAULT, testified in support                   
  of HB 69.  She said that it was rare for those in her                        
  business to engage in pro-active responses to the problems                   
  that they faced.  She said the incidence of reported rape in                 
  Alaska had gone up 91 percent in the past two years.  She                    
  added that there had been similar increases in child sexual                  
  abuse as well.                                                               
                                                                               
  MS. SMITH said that about 50 sex offenders were released                     
  every year from Alaska's prisons.  In 1993, however, 100                     
  offenders would be released, she said.  She commented that                   
  most offenders were not treated in prison and many offenders                 
  would re-offend when released.                                               
                                                                               
  MS. SMITH commented that for the most part, communities were                 
  unaware of who offenders were.  She said HB 69 would provide                 
  access to that information for employers and concerned                       
  community members.  She added that HB 69 would provide for                   
  more centralized data.                                                       
                                                                               
  Number 071                                                                   
                                                                               
  MS. SMITH noted her concern over the continued rise in                       
  sexual assault cases in Alaska.  She said that for every                     
  victim of a sex offense, the state paid over and over again                  
  in terms of treatment for the victim, violent crime                          
  compensation, prosecution, and jail time.  She said that sex                 
  offender treatment, in community models, encouraged the                      
  tracking of offenders, wherein an offender's employer,                       
  family, church members, et al, were informed of the                          
  offender's problem.  She noted that this monitoring                          
  increased an offender's chances of not offending again.                      
                                                                               
  Number 106                                                                   
                                                                               
  CHAIRMAN PORTER asked Ms. Smith if the increased rate of sex                 
  offenses was due in part to enhanced reporting, or if it was                 
  purely a higher number of offenses.                                          
                                                                               
  MS. SMITH replied that she did not believe that the rise was                 
  due to enhanced reporting.  She said that rates had been                     
  declining steadily until 1989, but then began to increase.                   
                                                                               
  Number 146                                                                   
                                                                               
  MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL FOR THE DEPARTMENT                  
  OF LAW'S CRIMINAL DIVISION, commented that the required                      
  registration period began when probation ended.  Therefore,                  
  she said, for an unclassified, class A or class B felony sex                 
  offense, registration would be at least fifteen years.  She                  
  noted that in the past, bills which increased the period of                  
  probation that could be ordered for offenders had been                       
  before the legislature.                                                      
                                                                               
  MS. KNUTH commented that she felt there were legal issues                    
  surrounding lifetime registration requirements.  She said                    
  that she had not researched the issue, but knew that the                     
  Alaska Supreme Court sought to achieve a balance between the                 
  legitimate purpose of a statute versus the constitutionally                  
  required sentencing goal of rehabilitation of an offender.                   
                                                                               
  REP. NORDLUND asked if there might be sex offenders in the                   
  community who were not required to register because they                     
  were on probation.                                                           
                                                                               
  Number 201                                                                   
                                                                               
  MS. KNUTH replied that registration requirements began upon                  
  an offender's release from prison.  However, she noted that                  
  the registration requirements set forth in HB 69 would not                   
  begin to run until probation had been completed.                             
                                                                               
  Number 215                                                                   
                                                                               
  CHAIRMAN PORTER announced that the bill would be held in                     
  committee while additional changes were made to the                          
  Judiciary committee substitute for HB 69.  He said the bill                  
  would come back before the committee when those changes had                  
  been made.                                                                   
                                                                               
  Number 227                                                                   
                                                                               
  REP. KOTT commented that if HB 69 were to include lifetime                   
  registration requirements, he would like to see a fiscal                     
  note reflecting that change.                                                 
                                                                               
  Number 233                                                                   
                                                                               
  CHAIRMAN PORTER told committee members to contact Judiciary                  
  committee counsel, Gayle Horetski, if they had additional                    
  changes to recommend.                                                        
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN PORTER adjourned the meeting at 2:39 p.m.                           

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