Legislature(1997 - 1998)

05/02/1997 03:44 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                           May 2, 1997                                         
                           3:44 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chair                                                   
 Senator Drue Pearce, Vice-chair                                               
 Senator Mike Miller                                                           
 Senator Sean Parnell                                                          
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 None                                                                          
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 CS FOR HOUSE BILL NO. 153(FIN)                                                
 "An Act relating to the eligibility of aliens for state public                
 assistance and medical assistance programs affected by federal                
 welfare reform legislation; and providing for an effective date."             
                                                                               
  PASSED CSHB 153 (FIN) FROM COMMITTEE WITH INDIVIDUAL                         
  RECOMMENDATIONS                                                              
                                                                               
 SENATE BILL NO. 132                                                           
 "An Act relating to registration of sex offenders and central                 
 registry of sex offenders; relating to access to, release of, and             
 use of criminal justice information and systems; relating to                  
 notices concerning sex offender registrants; and providing for an             
 effective date."                                                              
                                                                               
  HEARD AND HELD                                                               
                                                                               
 SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 30                         
 Relating to the defense of Alaska from offensive nuclear attack.              
                                                                               
  PASSED SSSJR 30 FROM COMMITTEE WITH INDIVIDUAL RECOMMENDATIONS               
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 HB 153 - No previous Senate committee action.                                 
                                                                               
 SB 132 - See Senate Health, Education & Social Services Committee             
          minutes dated 3/24/97 and 4/16/97.                                   
                                                                               
 SJR 30 - No previous Senate committee action.                                 
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Elmer Lindstrom                                                               
 Special Assistant                                                             
 Department of Health & Social Services                                        
 P.O. Box 110601                                                               
 Juneau, AK  99811-0601                                                        
  POSITION STATEMENT:   Supports CSHB 153 (FIN)                                
                                                                               
 Laura Chase                                                                   
 Senate Judiciary Committee Aide                                               
 Alaska State Capitol                                                          
 Juneau, Alaska  99801-1182                                                    
  POSITION STATEMENT:   Explained the proposed CSSB 132(JUD).                  
                                                                               
 Anne Carpeneti                                                                
 Assistant Attorney General                                                    
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, AK  99811-0300                                                        
  POSITION STATEMENT:   Commented on SB 132.                                   
                                                                               
 Sandy Perry-Provost                                                           
 Special Assistant                                                             
 Department of Public Safety                                                   
 P.O. Box 111200                                                               
 Juneau, AK  99811-1200                                                        
  POSITION STATEMENT:   Commented on SB 132.                                   
                                                                               
 Jerry Luckhaupt                                                               
 Legal Counsel                                                                 
 Legal and Research Division                                                   
 Legislative Affairs Agency                                                    
  POSITION STATEMENT:  Discussed provisions of SB 132.                         
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 97-33, SIDE A                                                            
 Number 00                                                                     
                                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:45 p.m. and announced the presence of Senators Pearce,             
 Miller, and Parnell.  The first order of business before the                  
 committee was HB 153.                                                         
             HB 153 ALIENS AND ASSISTANCE PROGRAMS                            
                                                                              
  ELMER LINDSTROM , Special Assistant to the Commissioner of the               
 Department of Health and Social Services (DHSS), stated the                   
 Department supports HB 153.                                                   
                                                                               
  CHAIRMAN TAYLOR  explained HB 153 brings Alaska into compliance with         
 federal law and provides for continued assistance payments to those           
 people who arrived here prior to the federal cutoff date.  The only           
 people who will be deprived by HB 153 are those people who arrive             
 in the United States as aliens after the date set by Congress.                
                                                                               
  SENATOR ELLIS  arrived.                                                      
                                                                               
  MR. LINDSTROM  agreed with Chairman Taylor.                                  
                                                                               
 There being no further testimony,  SENATOR PEARCE  moved CSHB
 153(FIN) from committee with individual recommendations.  There               
 being no objection, the motion carried.                                       
                                                                               
  CHAIRMAN TAYLOR  thanked Mr. Lindstrom for his sterling testimony            
 and candid answers to the committee's questions.                              
 At 1:49 p.m.  CHAIRMAN TAYLOR  announced the Senate Judiciary                 
 Committee would recess to a call of the Chair.                                
                                                                               
  CHAIRMAN TAYLOR  called the Senate Judiciary Committee meeting back          
 to order at 3:44 p.m.  Present were Senators Taylor, Miller, and              
 Parnell.  The committee took up SB 132.                                       
 SB132                                                                         
       SB 132 CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER                       
                                                                              
  LAURA CHASE , committee aide, explained the proposed committee               
 substitute brings Alaska law into compliance with federal law (the            
 Wetterling Act) and enables it to receive funds in the amount of              
 $200,000 but eliminates some provisions in the original bill that             
 are unnecessary for compliance; Sections 12, 14, 15, and 16.  It              
 also eliminates the provisions covering criminal history records in           
 Section 2,3,4,5,6 and 7.  Essentially, it leaves the requirements             
 in the bill to comply with the Wetterling Act in regard to sex                
 offender registration, adds language for kidnapping, and maintains            
 the Commissioner's responsibility to fingerprint, photograph and              
 register the sex offender prior to release from a correctional                
 institution.                                                                  
                                                                               
  MS. CHASE  noted the original bill changed the registration                  
 requirement to 15 years following the registration.  Legal staff              
 advised that a sex offender could be released from the reporting              
 obligations prior to the expiration of the 15 years.  The committee           
 substitute changes the reporting requirement back to 15 years                 
 following unconditional release.                                              
                                                                               
 CHAIRMAN TAYLOR  asked if a sex offender could be released without            
 having to register.   MS. CHASE    answered the offender would have to        
 register, but the required date to register would change.                     
                                                                               
 Number 151                                                                    
                                                                               
  SENATOR PARNELL  asked which section pertains to unconditional               
 discharge.   MS. CHASE  answered Section 10 says the registration             
 time length is 15 years, but if a prisoner was released earlier for           
 good time, the period of registration could change.                           
                                                                               
  CHAIRMAN TAYLOR  asked what the effect will be of deleting that              
 provision.                                                                    
                                                                               
  ANNE CARPENETI , Assistant Attorney General, Department of Law,              
 informed the committee that Diane Shenker was available via                   
 teleconference to explain the unconditional release provision.  Ms.           
 Carpeneti advised that it is a crime for a registered sex offender            
 to not report annually to the Department so it is important to know           
 what the specific dates of one's registration period is.  The term            
 "unconditional discharge" was replaced in the bill with more                  
 specific language to enable DPS to calculate accurate dates for the           
 registration period.  She clarified that it is a misconception that           
 using the registration date, rather than the unconditional                    
 discharge date, will shorten the registration period.                         
                                                                               
  SANDY PERRY-PROVOST , Special Assistant to the Commissioner of the           
 Department of Public Safety (DPS), informed committee members Ms.             
 Shenker was unable to participate via teleconference but provided             
 written examples to be photocopied for committee members relating             
 to the problems associated with calculating the registration time             
 period using the unconditional discharge date.                                
                                                                               
  MS. CARPENETI  repeated that the changed language will provide both          
 DPS and the offender with accurate knowledge of the registration              
 dates and requirements, and that the offender will be committing a            
 class A misdemeanor if he/she does not report annually.  The                  
 changed language will clarify the dates for both parties.  She                
 explained using the unconditional discharge dates makes for a very            
 difficult calculation.  She added that the section also provides a            
 mechanism for obtaining FBI records that need to be used in the               
 calculation not currently available to the State.  Ms. Carpeneti              
 agreed with Ms. Chase's testimony that SB 132 is the result of an             
 effort to comply with the Wetterling Act and maintain Alaska's                
 eligibility for funds.  SB 132 does pertain to child kidnappers,              
 although they are not named as such.                                          
                                                                               
 Number 244                                                                    
                                                                               
  SENATOR PARNELL    asked if Section 10 from SB 132 was deleted in the        
 committee substitute.   MS. CARPENETI  replied yes, the provision             
 that eliminated the phrase "unconditional discharge" date was                 
 changed in the committee substitute.                                          
                                                                               
  SENATOR PARNELL  asked if that section was retained whether the              
 phrase "child kidnapper" should be added back as well.   MS.                  
 CARPENETI  responded she would prefer to use the word "offender" and          
 then define those required to register as either a sex offender or            
 child kidnapper.  She repeated her concern about making offenders             
 liable for a crime for not reporting when it is so difficult to               
 calculate accurate dates.                                                     
                                                                               
  MS. CARPENETI  thought the provision in the committee substitute is          
 similar to the original bill in terms of the sex offender                     
 registration, but it does not address the problem of using the                
 unconditional discharge date for the criminal justice records                 
 system, AS 12.62.                                                             
                                                                               
 Number 274                                                                    
  CHAIRMAN TAYLOR    asked if the phrase "unconditional release" is use        
 in that statute.   MS. CARPENETI  said in SB 132 that term was                
 eliminated for sex offender registration, and for AS 12.66.                   
                                                                               
  CHAIRMAN TAYLOR  questioned whether, under the original bill, the            
 clock would start running when the offender starts serving the                
 sentence.   MS. CARPENETI  did not believe so and stated the intent           
 was that it would start running upon release.                                 
                                                                               
  CHAIRMAN TAYLOR  asked whether release is considered the date of             
 unconditional discharge.   MS. CARPENETI  said the unconditional              
 release date is not the same date as release from prison.   CHAIRMAN          
 TAYLOR  commented the prisoner could be under some supervisory                
 status, such as serving time in a community work program or                   
 probation, and under the original bill, the 15 years would have               
 started running.   MS. CARPENETI  replied that is possible.                   
                                                                               
  CHAIRMAN TAYLOR  said the committee substitute stretches the time            
 period further, because the clock does not start running until the            
 time of unconditional release.   MS. CARPENETI  said that is correct          
 in some situations, incorrect in others.  Using the date of                   
 registration for 15 years can be longer than using the date of                
 unconditional discharge but that is where the calculation problems            
 occur.                                                                        
                                                                               
  CHAIRMAN TAYLOR  explained when drafting the committee substitute he         
 was looking for terminology that everyone could understand as far             
 as the required date of registration, and require the registration            
 to run from 15 years forward.   MS. CARPENETI  replied she attempted          
 to do that in SB 132.  She suggested that rather than use the                 
 phrase "unconditional release" the provision could specify the                
 registration date begins after the date of supervised probation.              
                                                                               
  CHAIRMAN TAYLOR  commented he still did not see the substantive              
 difference between the two versions.   MS. CARPENETI  answered SB 132         
 provides that an offender must register for 15 years when released            
 from incarceration.  The committee substitute provides an offender            
 has to register for 15 years from the date of unconditional                   
 release.  The problem with unconditional release is that there are            
 many variables as to that date.  One of those variables is multiple           
 sentences, and it is virtually impossible to program all of the               
 variables on a computer.                                                      
                                                                               
 Number 329                                                                    
                                                                               
  SENATOR PARNELL  asked if the bill could include both propositions           
 and require the longer one to be used.   MS. CARPENETI  responded she         
 has no philosophical objection to that however one proposition will           
 be pinned to a date that is very complicated to calculate.                    
                                                                               
  MS. PROVOST  said the unconditional discharge date is extremely              
 confusing and she asked committee members to refer to Ms.                     
 Schenker's written examples photocopied by the committee aide.  DPS           
 felt it would be in the state's best interest to simplify the                 
 calculation to prevent any liability.                                         
                                                                               
  SENATOR PARNELL  asked if a person fails to register and then is             
 caught ten years later under the committee substitute that person's           
 registration would be for a shorter period of time.   CHAIRMAN                
 TAYLOR  answered the registration period would toll during the time           
 the person failed to register under both versions.                            
                                                                               
  JERRY LUCKHAUPT , attorney with the Division of Legal Services,              
 explained that under SB 132, an offender must register when                   
 convicted but not sentenced to a term of imprisonment, when                   
 released from incarceration, or when entering the State through an            
 interstate compact for supervision of parolees.  The duration runs            
 15 years from that date.  The committee substitute follows current            
 law adopted in 1994.  The 15 years begins on the date the offender            
 finishes serving his/her sentence including good time, so that if             
 a person was given a 15 year sentence, served 10 and was given 5              
 years for "good time," after the good time was up the 15 year                 
 registration would begin.  The offender would actually be                     
 registered for a total of 20 years.  The idea behind that approach            
 was to ensure that there would be a long time period of                       
 registration when offenders were not supervised.  At that time the            
 Legislature rejected the approach of an overall 15 year                       
 registration with the thought that the sex offender might act                 
 differently while under probation.  He acknowledged the Department            
 of Corrections (DOC) has had difficulty determining the date of               
 unconditional release but the felon is always notified of that date           
 because on that date voting and other rights are re-established.              
                                                                               
  CHAIRMAN TAYLOR  clarified the committee substitute would extend the         
 period beyond that under current practice.   MR. LUCKHAUPT  agreed.           
  MS. CARPENETI  repeated it would extend it in some cases, but                
 shorten it in others but she deferred to Ms. Shenker's expertise to           
 explain how.                                                                  
                                                                               
 Number 413                                                                    
                                                                               
  SENATOR PARNELL  asked if a concern with changing the language in            
 the committee substitute is the possible loss of funds under the              
 Wetterling Act that is a two-tiered system requiring registration             
 for 10 years.                                                                 
                                                                               
  MS. CARPENETI  did not believe so, but noted the committee                   
 substitute expands the group of people who have to register for               
 life.  The Wetterling Act recommends that states adopt a two-tier             
 registration system.  Certain sex offenders who are not predators             
 must register for 10 years; predators must register until they                
 cease to be predators.  The Wetterling Act recommends states                  
 establish a statewide board of experts in the treatment of sex                
 offenders to examine all convicts and make recommendations to the             
 sentencing court before sentencing.  The  court uses the                      
 recommendation when determining a sentence.  The offender can try             
 to convince the same board at a later date that he is no longer a             
 predator and then the board can make such a recommendation to the             
 sentencing court who must then determine a date when that behavior            
 ceased.  This process has been very problematic for other states              
 because it is expensive, the liability issues are staggering, and             
 because treatment for sex offenders has not been very successful.             
 Alaska already has a two-tier system and the Department of Law felt           
 it would be better to add to the list of people who must register             
 for life rather than create a statewide board.  Currently a                   
 predator must verify his address every 90 days with a state agency.           
 New guidelines have been developed for the Megan's Act which                  
 specifically recognize the approach Alaska has taken to avoid                 
 setting up the board.                                                         
                                                                               
  CHAIRMAN TAYLOR  said the committee substitute recognizes that as            
 well.   MS. CARPENETI  said she thought it did but had not had time           
 to do a thorough review of the committee substitute.                          
                                                                               
  MR. LUCKHAUPT  said that although the calculation may be complex for         
 the DPS, the phrase "unconditional discharge" is used throughout              
 the statutes and that date is necessary for eligibility for many              
 things so it has to be supplied.  He assumed any felony offender              
 would want a certificate of unconditional discharge so that he/she            
 could apply for a permit for a concealed handgun or to serve on a             
 jury.                                                                         
                                                                               
    MR. LUCKHAUPT  thought the onus could be put on the offender to            
 register with the department and supply proof that the offender has           
 been unconditionally discharged for 15 years.  That approach would            
 remove any liability and burden from the State.  Although it may              
 not be easier for DPS, an advantage to that approach is that if the           
 offender's parole is revoked and he/she returns to prison, the                
 remainder of that sentence will not count under the 15 years, which           
 could occur under SB 132.                                                     
                                                                               
  MS. CARPENETI  felt a tolling provision for any period of                    
 reincarceration for the original offense could easily be included             
 in SB 132.                                                                    
                                                                               
  CHAIRMAN TAYLOR  said his intent was to not allow for shorter                
 periods of registration because it was more convenient to DPS.  He            
 believed the convenience should be to the public and the burden on            
 the offender, rather than DPS.                                                
                                                                               
 On another note,  CHAIRMAN TAYLOR  commented the original bill                
 contains a relaxation of the requirements on the Commissioner's               
 participation in the registration of sex offenders and leaves the             
 requirement up to the individual.  He asked why that change was               
 suggested.   MS. CARPENETI  explained that currently the Department           
 of Corrections makes sure it gets adequate fingerprints and                   
 photographs of the offender, and informs the offender of the                  
 registration requirement prior to release.  The offender then goes            
 to DPS to actually register.  SB 132 embodies what is current                 
 practice.   CHAIRMAN TAYLOR  asked if SB 132 relieves the                     
 Commissioner of any obligation and asked why we would want to do              
 that.   MS. CARPENETI  answered it relieves the Commissioner of DOC           
 and requires the offender to register himself because DPS has been            
 registering them all along.  She suggested requiring DPS to                   
 register the person before release from jail.                                 
                                                                               
 Number 541                                                                    
                                                                               
  CHAIRMAN TAYLOR  cautioned that he has often seen the Administration         
 submit a bill to comply with changes to federal law, that includes            
 all kinds of other changes convenient for departments but                     
 unnecessary for federal compliance.  He asked Mr. Luckhaupt to                
 rewrite SB 132 to include only those changes necessary for federal            
 compliance to highlight the differences between the two bills.                
                                                                               
  MS. CARPENETI  suggested fine tuning either version to encompass the         
 problems discussed.   CHAIRMAN TAYLOR  said he would recess the               
 meeting until the following day at 12:30 p.m. to provide time to              
 submit another draft.  He noted he would like the bill to contain             
 the minimum amount of changes necessary and he does not want to               
 change the commissioner's requirement to participate in                       
 registration unless that requirement is replaced with a more                  
 effective system containing more teeth.                                       
         SJR 30 DEFENSE OF ALASKA FROM NUCLEAR ATTACK                         
                                                                              
  CHAIRMAN TAYLOR  explained SJR 30 was introduced because the new             
 strategic arms agreement with Russia that provides radar coverage             
 for the United States is based in North Dakota.  That system has a            
 4,000 mile range which leaves Hawaii and Alaska unprotected.  The             
 State of Alaska believed it would be included in the umbrella of              
 the United States defense coverage when the treaties were                     
 negotiated.                                                                   
                                                                               
  SENATOR ELLIS  asked who requested the resolution.   CHAIRMAN TAYLOR         
 replied a person from MIT, a person from the State Department, Mead           
 Treadwell, and a representative from the Claremont Institute.                 
                                                                               
 TAPE 97-34, SIDE B                                                            
                                                                               
  SENATOR ELLIS  asked if SJR 30 was intended as a jab at Alaska's             
 senior senator in his role as Chair of the Appropriations                     
 Committee.   CHAIRMAN TAYLOR  said that it is not, and the Senator            
 strongly supports SJR 30 and would appreciate the State's support.            
 He did not believe anyone intentionally omitted Alaska and Hawaii.            
                                                                               
  SENATOR ELLIS  commented it is surprising that Alaska was not                
 included since Senator Stevens has been on the Defense                        
 Appropriations Subcommittee for years.   CHAIRMAN TAYLOR  thought             
 Senator Stevens was surprised, too, when he figured out what the              
 real plan was.                                                                
                                                                               
                                                                               
  SENATOR MILLER  moved SSSJR 30 from committee with individual                
 recommendations.  There being no objection, the motion carried.               
                                                                               
  CHAIRMAN TAYLOR  recessed the meeting at 4:30 p.m.                           
                                                                               

Document Name Date/Time Subjects