Legislature(2001 - 2002)
02/28/2001 01:45 PM Senate JUD
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ALASKA STATE LEGISLATURE
SENATE JUDICIARY COMMITTEE
February 28, 2001
1:45 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Dave Donley, Vice Chair
Senator Gene Therriault
Senator Johnny Ellis
MEMBERS ABSENT
Senator John Cowdery
COMMITTEE CALENDAR
SENATE BILL NO. 99
"An Act relating to the DNA identification registration system."
MOVED SB 99 OUT OF COMMITTEE
SENATE BILL NO. 105
"An Act relating to victims' rights; relating to establishing an
office of victims' rights; relating to compensation of victims of
violent crimes; relating to eligibility for a permanent fund
dividend for persons convicted of and incarcerated for certain
offenses; relating to notice of appropriations concerning victims'
rights; amending Rule 16, Alaska Rules of Criminal Procedure, Rule
9, Alaska Delinquency Rules, and Rule 501, Alaska Rules of
Evidence; and providing for an effective date."
MOVED CSSB 105 (JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
No previous action.
WITNESS REGISTER
Senator Rick Halford
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Sponsor of SB 99
Ms. Laurie Hugonin
Alaska Network On Domestic Violence &
Sexual Assault
130 Seward, Room 209
Juneau, AK 99801
POSITION STATEMENT: Testified on SB 99 and SB 105
Mr. Del Smith
Deputy Commissioner
Department of Public Safety
PO Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Supports SB 99
Ms. Leanne Strickland
Scientific Crime Detection Laboratory
Department of Public Safety
5500 East Tudor Road
Anchorage, AK 99507-1221
POSITION STATEMENT: Testified on SB 99
Mr. Robert Buttcane
Legislative & Administrative Liaison
Division of Juvenile Justice
Department of Health &
Social Services
PO Box 110601
Juneau, AK 99801-0601
POSITION STATEMENT: Testified on SB 99 and SB 105
Ms. Julie Lucky
Staff to Senator Halford
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Testified on SB 99 and SB 105
Mr. Dean Guaneli
Chief Assistant Attorney General
Legal Services Section
Department of Law
PO Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Testified on SB 105
Ms. Charlotte Phelps
Victims for Justice
921 West 6th Avenue
Anchorage, AK
POSITION STATEMENT: Testified on SB 105
Ms. Candace Brower
Program Coordinator
Department of Corrections
240 Main Street, Suite 700
Juneau, Alaska 99801
POSITION STATEMENT: Testified on SB 105
ACTION NARRATIVE
TAPE 01-6, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Senate Judiciary Committee meeting
to order at 1:45 p.m. Chairman Taylor announced the first order of
business would be SB 99.
SB 99-DNA REGISTRATION OF BURGLARS
SENATOR RICK HALFORD, sponsor of SB 99, said SB 99 adds burglary to
the list of crimes from which DNA samples are taken for later
comparison to samples in the DNA databank. In states where samples
are taken, DNA evidence has proven to be very effective.
SENATOR DONLEY said he supports SB 99, but he is concerned that
some juvenile criminals have to commit four or five crimes before
they are ever adjudicated as a delinquent. He wondered about the
people working in juvenile justice as far as their reluctance to
adjudicate any one as a delinquent.
Number 259
MS. Laurie Hugonin, Alaska Network on Domestic Violence and Sexual
Assault (ANDVSA), said ANDVSA supports SB 99. She said it is
important that this group of criminals be captured because often
times burglars are associated with sexual assaults. SB 99 is
another step to providing evidence for crime solving.
MR. DEL SMITH, Deputy Commissioner, Department of Public Safety
(DPS), said DPS supports SB 99. Mr. Smith said SB 99 addresses
part of a DNA bill from last year that failed to make it through
the system. Burglary did not survive that legislation but the use
of an oral swab did. Virginia and Florida do include burglary for
DNA testing, and the statistics show that people move from burglary
to more violent crimes. Some segments of law enforcement want to
collect DNA samples from all individuals that are convicted, New
York collects DNA for every arrest, but there are concerns because
of the discrimination ability of DNA.
MR. SMITH said DPS believes the expansion of burglary to the
database makes sense, and Alaska's crime lab has received federal
funding to send convicted offender samples to the system.
Number 572
SENATOR ELLIS asked for the definition of "felony attempt to commit
burglary."
MR. SMITH said this means a person has taken substantial steps
toward committing a crime, such as trying to force the entry into a
residence, but the police arrived in time to stop the completion of
the crime.
SENATOR ELLIS asked about the limitations, safeguards, restrictions
for improper use, and disposal of a sample.
MR. SMITH said the original statute specifically indicated the
sample could only be used for identification and registration. The
samples that are collected and maintained are not useful in tests
to discern a disease. The statute specifically states the sample
can only be used for the purposes of comparison and for criminal
prosecution. Doing anything else with the sample would be subject
for prosecution. The sample is stored within the crime lab, a
secure facility, and has a bar code for identification so if it
were to get out of the lab no one would know the identify of the
offender.
SENATOR ELLIS asked if DPS would advocate for legislation to expand
the use of DNA sampling.
MR SMITH said he, personally, would not advocate beyond burglary.
Number 929
SENATOR THERRIAULT asked if the cotton swabs are discarded after
the test results have been run.
MS. LEANNE STRICKLAND said she works at the state crime lab as
supervisor and technical leader of the DNA section. She said when
an oral swab or known blood sample have been processed and a DNA
profile is obtained, that sample is stored at the laboratory in a
secured refrigerated area.
Number 1188
SENATOR DONLEY asked if there is data showing how many times a
juvenile offends before being put into a delinquency proceeding
concerning burglaries, violence, first degree arson, or crimes
against a person.
MR. ROBERT BUTTCANE, Division of Juvenile Justice, Department of
Health and Social Services (DHSS), commented he would be able to
query the DHSS database for this information.
SENATOR DONLEY moved SB 99 with accompanying fiscal note from
committee with individual recommendations.
SENATOR Ellis objected. The role was taken with Senator Donley,
Senator Therriault, and Chairman Taylor voting yea. Senator Ellis
voted nay, and SB 99 moved from committee.
Number 1330
SB 105-VICTIMS' RIGHTS/ PRISONER'S PFD
SENATOR HALFORD said this bill went through both the house and
senate last year. SB 105 puts the victims' advocate in the
legislative branch and is the implementation of the constitutional
amendment. An attorney represents the State of Alaska and the
accused but the victim usually does not have representation. SB
105 tries to provide help for the victim in a professional way so
he or she can maintain and defend their rights.
MS. JULIE LUCKY, staff to Senator Halford, said there had been a
question on partially exempt service versus exempt service. On
page 4 of SB 105 the victims' advocate is put into exempt service.
Section 6, which is the listing of all jobs under the partially
exempt service, was not changed to conform to exempt service. The
office was listed as exempt on page 4 and partially exempt in
Section 6. In order to make the two conform, an amendment was
needed for Section 6. The drafter preferred that the committee
pass a conceptual amendment because at that time he was not sure
what the line number would be. The conceptual amendment on page 10,
line 13 will read: Sec. 6. AS 39.25.110, and the line numbers will
change accordingly.
SENATOR DONLEY moved to accept the conceptual amendment. There
being no objection, conceptual amendment #1 passed.
Number 1412
MS. LAURIE HUGONIN, Alaska Network on Domestic Violence and Sexual
Assault (ANDVSA), said ANDVA appreciates the victims' office being
put back into the legislative branch. ANDVA would like to have
resources put toward the beginning of interaction instead of toward
the complaint side at the end. This way it could be seen that
there were enough victim witness coordinators, enough information
so people would know their rights as a victim, and enough advocacy
groups to help victims through the process from the beginning.
MS. HUGONIN said it would be helpful to look at the statutes where
victims are given the right to speak for themselves in court -
possibly amending the statute to allow someone else to speak for
them.
CHAIRMAN TAYLOR asked her if ANDVA supports SB 105.
MS. HUGONIN said ANDVA does not oppose the bill but it does not
support the bill either. ANDVA does have concern with how the
resources would be directed.
MR. DEAN GUANELI, Criminal Division, Department of Law (DOL), said
prosecutors have recognized the need for treating victims well for
a long time. Statistical data show that cases are sometimes won
and lost because victims and witnesses do not want to cooperate.
Federal funds have allowed the criminal division to create the
victim witness assistance program whereby paralegals are working to
provide help to victims and witnesses through the criminal justice
process. In order to win cases, victims and witnesses need to
help. With the help of federal funding from the Violence Against
Women's Act, DOL has been able to provide training for prosecutors
and paralegals every year. DOL provides a number of brochures that
explain the criminal justice process and rights to crime victims.
All of the brochures are translated into Yupik and Inupiat. DOL
provides the victim with a form that he or she is to sign. The
form tells them that if they want to exercise the rights granted
under current law they should not talk to the defense attorney or
the investigator. After the form is signed it is given to the
defense attorney, invoking the victims' rights under current law.
Defense attorneys do not like this and have challenged the statutes
that now exist to protect victims from defense tactics. DOL
believes there are more resources that could be brought to bear to
help all criminal justice agencies provide more direct service to
victims. The governor has identified a way to do this in SB 107.
The efforts toward victim restitution statutes have been in how the
courts go about setting restitution and what presumptions they make
and who bears the burden of proof, but little attention has been
given to practical problems. DOL proposes a more formal collection
system within DOL so the collection unit can also collect
restitution for victims. Another proposal is found in the criminal
division's budget to fund a volunteer coordinator position. This
position has been federally funded but the funding is going away.
The position has volunteers working in the prosecution offices
making contacts with victims, issuing subpoenas, and collecting
information from victims.
Number 2107
MR. ROBERT BUTTCANE, Division of Juvenile Justice, Department of
Health and Social Services (DHSS), said when he started his
juvenile probation career there was a philosophy that the system
was offender focused. With a change in the Alaska constitution and
enactment of other legislation, the restorative justice philosophy
has been adopted by DHSS. With this philosophy, the concerns and
needs of the victim have been elevated to be equal to any of the
concerns for the offender. There are four parts of the juvenile
justice system: 1) Prevent repeated criminal behavior. 2) Restore
victims and communities to wholeness. 3) Protect the public. 4)
Help the young person to develop competency so they can become a
productive citizen. One way to implement this is to focus energy
on the needs of the victim. DHSS worked to understand victims and
apply the rights that were afforded them in the constitution and
statutes. The biggest right, as it related to the juvenile system,
was notification of delinquency proceedings, which prompted
questions from victims about the juvenile offender. The
restorative justice system was codified in the delinquency chapter
and a number of adjustment were made to the confidentially section
related to the juvenile system. One was that DHSS was authorized
by law to share information with victims. As DHSS starting to
share this information with victims, the entire system began to
shift. Offenders started to see, when the victim was in the
courtroom, that the crime was no longer nebulous, it was a real
person they had impacted. Because victims do not understand the
judicial process, DHSS shares information with the offender and the
victim. In the beginning, courts were uncomfortable with a victim
attending the juvenile court proceeding, but now the court system
understands that a victim has the right to be in court when the
juvenile is there. It is becoming common practice for courts to
let the victim speak at hearings and arraignments, having an
incredible impact on the juvenile system.
TAPE 01-6, SIDE B
MR. BUTTCANE noted that it was very beneficial when victims were
allowed into formal proceedings. Alaska statutes have been changed
to allow for victim participation. A case may not be adjusted
until deference has been given to the victim in regards to
restitution satisfaction.
MR. BUTTCANE said SB 105 creates an advocate who can advocate for
victims. This concept cannot be argued with, but it is also
important for a victim to tell his or her story.
MR. BUTTCANE said DHSS has committed some of its federal
delinquency prevention and intervention monies in support of victim
services. DHSS has helped establish victim offender mediation
programs in Fairbanks, Anchorage, and Juneau. These programs are
on shaky grounds because there has not been enough support in
making them work. It takes a great deal of human energy and
investment to keep victims' services going.
MR. BUTTCANE added that when victims are paid attention to, he or
she starts to develop trust, understanding, and appreciation.
Eventually many victims are willing to sit down with the offender
and have a face-to-face dialogue or mediation. This has a great
impact on the juvenile offender, more than any program offered.
From this process, victims start to heal. DHSS advocates more
opportunities for victims to be involved and participate in the
rehabilitative and restorative process.
Number 2109
MS. CHARLOTTE PHELPS, Victims For Justice (VFJ), speaking via
teleconference from Anchorage, noted there are some aspects of SB
105 that VFJ likes, particularly the increase in awards for violent
crimes compensation. Ms. Phelps said medical costs have increased
a lot in the last few years and it is gratifying that the
legislature is increasing the maximum awards. This will go a long
way toward helping victims put their lives back together after a
violent crime.
MS. PHELPS said as long as the funding for the non-profits that
provide the initial support - crisis intervention, on-going
support, and education - is not impacted, having an advocate to
investigate violations of victim rights seems good but she would
prefer the focus to be on the front-end. VFJ would like some type
of reassurance that establishing this office would not take funds
away from non-profit organizations that provide the front-end
service. VFJ also feels it is important for victims to tell their
own story.
MS. PHELPS said VFJ does not support SB 105 completely but it is
also not against the bill.
CHAIRMAN TAYLOR said SB 105 would not interfere with or detract
from funds currently going to non-profit organizations. He said it
might be of value to have a legislative funded position that would
advocate to the legislature for the entirety of the program.
Number 1862
MS. CANDICE BROWER, Legislative Liaison for the Department of
Corrections (DOC), said DOC has come a long way in terms of victim
services. Prior to 1996 the main concern for DOC was victim
notification. There was always a concern that when an offender was
released from prison the victim may not be notified. Victims were
given an opportunity to make statements through pre-sentence
investigation reports as well as parole hearings. Since 1996 DOC
has provided approximately 1,355 hours of training to staff on
victim related issues, rights, and concerns. In 1997 DOC was given
a grant through the National Institute of Justice (NIJ) and the
Office of Victims of Crime for a conference where approximately 300
people attended from across the state. The agenda included
Promising Practices and Strategies for Victims' Services in
Corrections. In 1999 a committee was established to implement
victim impact class programs and since that time, DOC has provided
victim impact classes for offenders so he or she may learn the
impact their crime has had on the victim, the victim's family, the
offender's family, and the community. DOC has provided training
for various communities and formed a statewide victim advisory
committee, which includes many of the agencies involved in victim
services. In 1998 SB 25 was passed and an automated victim
notification system was implemented through DOC. In 1999 DOC
provided training for the Keeping Kids Safe program in the Bush.
This was in conjunction with juvenile justice and helped people
become aware of sex offenders in their community. DOC has provided
Victim Information Notification Everyday (VINE) training throughout
the state since 1999. One of the most important things DOC has
done is to help formulate victim advisory committees. There are
active committees in Anchorage, Fairbanks, Juneau, and Bethel and
DOC is working on committees in Kenai, Kodiak, and Mat-Su. In 1999
DOC hired a victim service coordinator with federal funding from
the Council on Domestic Violence and Sexual Assault, and that
person has hired a criminal justice technician to assist.
MS. BROWER said DOC thinks SB 105 is important. DOC also thinks it
is important to reach victims on the front-end, and it is also
important to help victims seek restitution.
MS. JULIE LUCKY, staff to Senator Halford, said NIJ recommended
that states and the federal government create compliance
enforcement programs, sometimes referred to as Victim Ombudsman
Programs. There was also a study from the Office of Victims of
Crime, which talked about the ombudsman offices, saying these
offices can get involved on the front-end. This is why the words
"advocacy" and "investigations afterwards" were used in SB 105.
Ombudsman offices have been able to work with local groups and have
been also been able to get in on the front-end to take care of
problems before they happen. Ms. Lucky said a stand-alone agency
could be very helpful in taking care of things before a sentencing
happens.
MS. LUCKY said the advocacy office in SB 105 does have the freedom
to get in on the front-end. It can also be very helpful having a
neutral third party for a victim and to have one office to call.
SB 105 has a section that allows the victims' advocate offices to
contract out with other agencies, which would be local victims'
groups.
SENATOR THERRIAULT asked if there was a fiscal note for SB 105.
MS. LUCKY responded there are three fiscal notes.
CHAIRMAN TAYLOR said there was a zero fiscal note from the
Department of Revenue, a zero fiscal note from the Attorney
General, and $47,000 going to $45,000 from the Department of
Corrections.
SENATOR DONLEY moved CSSB 105 from committee with the accompanying
fiscal notes and with individual recommendations. There being no
objection, CSSB 105 moved from committee.
There being no further business to come before the committee,
CHAIRMAN TAYLOR adjourned the meeting at 2:56.
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