Legislature(2023 - 2024)BUTROVICH 205
03/25/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HJR3 | |
| SB258 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 3 | TELECONFERENCED | |
| *+ | SB 258 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 25, 2024
1:36 p.m.
MEMBERS PRESENT
Senator Matt Claman, Chair
Senator Jesse Kiehl, Vice Chair
Senator James Kaufman
Senator Cathy Giessel
Senator Löki Tobin
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CS FOR HOUSE JOINT RESOLUTION NO. 3(JUD) AM
Encouraging Congress to pass the Concealed Carry Reciprocity Act
or a similar bill.
- HEARD & HELD
SENATE BILL NO. 258
"An Act relating to a permanent fund dividend for an individual
whose conviction has been vacated, reversed, or dismissed; and
relating to the calculation of the value of the permanent fund
dividend by including payment to individuals eligible for a
permanent fund dividend because of a conviction that has been
vacated, reversed, or dismissed."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HJR 3
SHORT TITLE: CONCEALED HANDGUN RECIPROCITY B/W STATES
SPONSOR(s): REPRESENTATIVE(s) RAUSCHER
02/01/23 (H) READ THE FIRST TIME - REFERRALS
02/01/23 (H) JUD, STA
02/10/23 (H) JUD AT 1:30 PM GRUENBERG 120
02/10/23 (H) Heard & Held
02/10/23 (H) MINUTE(JUD)
02/17/23 (H) JUD AT 1:30 PM GRUENBERG 120
02/17/23 (H) Moved CSHJR 3(JUD) Out of Committee
02/17/23 (H) MINUTE(JUD)
02/20/23 (H) JUD RPT CS(JUD) 3DP 4NR
02/20/23 (H) DP: C.JOHNSON, GROH, VANCE
02/20/23 (H) NR: CARPENTER, EASTMAN, GRAY, ALLARD
02/28/23 (H) STA AT 3:00 PM GRUENBERG 120
02/28/23 (H) Scheduled but Not Heard
03/02/23 (H) STA AT 3:00 PM GRUENBERG 120
03/02/23 (H) Heard & Held
03/02/23 (H) MINUTE(STA)
03/14/23 (H) STA AT 3:00 PM GRUENBERG 120
03/14/23 (H) Moved CSHJR 3(JUD) Out of Committee
03/14/23 (H) MINUTE(STA)
03/17/23 (H) STA RPT CS(JUD) 5DP 1AM
03/17/23 (H) DP: ALLARD, WRIGHT, C.JOHNSON,
CARPENTER, SHAW
03/17/23 (H) AM: STORY
04/14/23 (H) DIVIDE THE AMENDMENT PASSED Y24 N15 E1
04/19/23 (H) TRANSMITTED TO (S)
04/19/23 (H) VERSION: CSHJR 3(JUD) AM
04/21/23 (S) READ THE FIRST TIME - REFERRALS
04/21/23 (S) STA, JUD
05/04/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
05/04/23 (S) Heard & Held
05/04/23 (S) MINUTE(STA)
05/06/23 (S) STA AT 9:00 AM BELTZ 105 (TSBldg)
05/06/23 (S) Scheduled but Not Heard
05/06/23 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
05/06/23 (S) -- Public Testimony <Time Limit May Be
Set> --
05/12/23 (S) STA REFERRAL WAIVED
03/20/24 (S) JUD AT 1:30 PM BUTROVICH 205
03/20/24 (S) Heard & Held
03/20/24 (S) MINUTE(JUD)
03/25/24 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 258
SHORT TITLE: CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
SPONSOR(s): STATE AFFAIRS
03/06/24 (S) READ THE FIRST TIME - REFERRALS
03/06/24 (S) JUD, FIN
03/25/24 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
CLAIRE RADFORD, Legislative Counsel
Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions related to HJR 3.
LISA PURINTON, Director
Division of Statewide Services
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the discussion of
HJR 3.
REPRESENTATIVE GEORGE RAUSCHER, District 29
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Offered a statement on HJR 3.
SENATOR SCOTT KAWASAKI, District P
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 258 as chair of the Senate
State Affairs Committee.
NANCY MEADE, General Counsel
Administrative Offices
Alaska Court System
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the discussion of
SB 258.
JORY KNOTT, Executive Director
Alaska Innocence Project
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 258.
BRIAN RIDLEY, Chief Chair
Tanana Chiefs Conference
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of SB 258.
COREY BIGELOW, Operations Manager
Permanent Fund Dividend Division
Department of Revenue (DOR)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the discussion
of SB 258.
ACTION NARRATIVE
1:36:25 PM
CHAIR MATT CLAMAN called the Senate Judiciary Standing Committee
meeting to order at 1:36 p.m. Present at the call to order were
Senators Giessel, Kiehl, Kaufman, Tobin, and Chair Claman.
HJR 3-CONCEALED HANDGUN RECIPROCITY B/W STATES
1:36:55 PM
CHAIR CLAMAN announced the consideration of CS FOR HOUSE JOINT
RESOLUTION NO. 3(JUD) am Encouraging Congress to pass the
Concealed Carry Reciprocity Act or a similar bill.
CHAIR CLAMAN said this is the second hearing of HJR 3 in the
Senate Judiciary Standing Committee. He said today Legislative
Legal is online to answer questions raised during the first
hearing and the intention for today's hearing is to address
those questions.
CHAIR CLAMAN opened the hearing up for questions from committee
members.
1:37:50 PM
SENATOR KIEHL said one of the primary questions raised during
the previous hearing concerned the text of the proposed federal
legislation that HJR 3 endorses. He stated that the discussion
from the previous hearing focused on how reciprocity would
function. One question was whether a person who does not hold a
concealed carry permit but resides in a state that allows
permitless concealed carry, would be allowed to carry a
concealed firearm in a state that requires a permit for its
residents.
1:38:50 PM
CLAIRE RADFORD, Legislative Counsel, Legal Services, Legislative
Affairs Agency, Juneau, Alaska, expressed her understanding that
the federal reciprocity act would not allow a person to carry
concealed in a state that requires a permit unless that person
possesses a concealed carry permit from their state of
residence.
1:39:21 PM
SENATOR KIEHL raised the next question and requested an
additional layer of detail. He posed a hypothetical scenario in
which a person resides in a state that allows permitless carry
at the age of 19. He asked if the federal legislation were
enacted, whether that person could legally carry in another
state where concealed carry is only permitted for individuals 21
years of age or older.
1:39:55 PM
MS. RADFORD stated that, based on her reading of the federal
bill, a person must possess a concealed carry permit from their
home state of residence in order to carry in another state that
either:
- has a statute allowing residents to apply for a concealed
carry license, or
- does not prohibit residents from carrying concealed firearms
for lawful purposes.
MS. RADFORD replied that if a 19-year-old does not possess a
concealed carry permit in their home state, they would not be
permitted to carry in another state that requires permit holders
to be 21 or older. The 19-year-old would not be able to
concealed carry in that state.
1:40:46 PM
SENATOR KIEHL said this answer seems to conflict with the first
answer. He cited language from U.S. H.R. 38, which is
paraphrased below:
Notwithstanding other state laws, a person who is not
prohibited by federal law from possessing a firearm,
and who is carrying valid photo identification (ID),
may possess or carry a concealed firearm in any state
that does not prohibit concealed carry, provided the
person is entitled to carry concealed in their state
of residence.
SENATOR KIEHL sought clarification on how the first two answers
align with the bill's text.
MS. RADFORD acknowledged the source of the confusion and
corrected her earlier response. She clarified that, under U.S.
H.R. 38, if a 19-year-old is entitled to carry a concealed
firearm without a permit in their home state, they would be
permitted to carry in another state that either has a statute
allowing residents to apply for a concealed carry permit or does
not prohibit permitless concealed carry by its residents for
lawful purposes.
1:43:05 PM
CHAIR CLAMAN presented a hypothetical scenario: State A issues
concealed carry permits to individuals as young as 19, whereas
State B only issues permits to those 21 and older.
CHAIR CLAMAN asked whether, under the proposed federal
legislation, a 19-year-old resident of State A, who holds a
valid concealed carry permit from State A, would be allowed to
carry concealed in State B, despite that state's higher minimum
age requirement.
1:44:06 PM
MS. RADFORD replied that is correct. She paraphrased U.S.
H.R. 38, which explained that:
A person who carries or possesses a concealed handgun
in accordance with the requirements of (a) and (b) of
that bill, may not be arrested or otherwise detained
for a violation of any law or any rule or regulation
of a state related to possession, transportation or
carrying unless there's probable cause to believe
they're doing so in a manner not provided for by
federal law.
1:44:50 PM
SENATOR TOBIN stated that, unlike Alaska, Colorado stipulates a
person must complete safety training to carry a concealed
firearm. She asked whether a person from Alaska visiting
Colorado would be allowed to carry concealed without first
completing the required safety course.
MS. RADFORD replied that she is not 100 percent certain and will
follow up with the committee.
1:45:50 PM
SENATOR TOBIN observed that the proposed federal legislation
identifies particular federal lands, such as the National Park
System, National Wildlife Refuge System, public land under the
Bureau of Land Management, and so forth. These lands would be
open to a person possessing or carrying a concealed handgun. She
said Alaska has particular stipulations with certain state and
federal lands where you can and cannot carry firearms.
SENATOR TOBIN asked whether the proposed federal legislation
would supersede enacted U.S. codes and laws.
MS. RADFORD replied that she does not typically work with
federal statutes or bills and will need to do more research to
answer the question. She said that she is not sure how this
would impact any of those current requirements.
SENATOR TOBIN stated that for the record her spouse is a federal
law officer for the Bureau of Land Management.
1:47:18 PM
SENATOR KIEHL stated that, broadly, the federal bill appears
intended to preempt state laws and functions as an act of
preemption. He referred to carve-outs beginning on page 3, line
19 of the federal legislation. He expressed his understanding
that the federal bill would not preempt Alaska laws allowing
property owners to prohibit concealed carry in their homes or
laws prohibiting concealed carry in state government buildings.
He noted that Alaska law prohibits carrying concealed firearms
in bars and daycares, among possibly other locations. He asked
whether those Alaska laws would still apply to individuals from
other states under the federal legislation, should it be
enacted.
MS. RADFORD replied that she is not certain what effect the
federal bill would have on Alaska's specific prohibitions, such
as carrying in bars. She offered to look into the matter
further, noting that while the bill references certain
properties, it does not specifically mention privately owned
properties like bars or daycares.
1:49:18 PM
CHAIR CLAMAN sought clarification about Alaska concealed carry
laws, asking whether Alaska has a concealed carry permit.
MS. RADFORD replied yes, Alaska has concealed handgun permits.
The Department of Public Safety is in charge of issuing those.
Alaskans can apply for and receive a concealed handgun permit
although it is not necessary for individuals over the age of 21.
CHAIR CLAMAN asked whether Alaska has any provisions about
reciprocity with other states.
MS. RADFORD replied yes, Alaska has a statute related to
reciprocity agreements in AS 18.65.775, and the Department of
Public Safety is authorized to enter into those agreements with
other states.
1:50:28 PM
CHAIR CLAMAN stated that in Alaska, individuals 21 years of age
and older may carry concealed without a permit, but those under
21 are required to obtain a permit. He asked whether Alaska
would honor another state's differing permit terms or require
those terms to align with Alaska's requirements.
MS. RADFORD clarified that a person under the age of 21 is
unable to receive a concealed carry permit in Alaska. It is
against criminal statutes to concealed carry under the age of
21. She deferred to the Department of Public Safety (DPS) for
requirements on concealed carry reciprocity agreements, stating
that she was uncertain how DPS determines which reciprocity
agreements to enter into with other states.
1:51:48 PM
CHAIR CLAMAN restated his question, noting that Alaska does not
allow individuals under the age of 21 to concealed carry. He
asked how DPS would handle reciprocity for a state that permits
concealed carry below that age.
1:52:39 PM
LISA PURINTON, Director, Division of Statewide Services,
Department of Public Safety (DPS), Anchorage, Alaska, answered
questions during the discussion of HJR 3. She stated that DPS
enters into reciprocity agreements with other states only when
those states have similar statutory requirements. If a state's
restrictions do not align with Alaska law, DPS would not
establish a reciprocity agreement with that state.
MS. PURINTON clarified that DPS would not enter into a
reciprocity agreement with a state that allows individuals under
the age of 21 to concealed carry, as Alaska law requires
individuals to be at least 21 years old for reciprocity to
apply.
1:53:35 PM
CHAIR CLAMAN sought confirmation that the approach DPS takes is
that Alaska will grant reciprocity to another state, but the
first test is to ensure that the restrictions in the other state
are consistent with those in Alaska.
MS. PURINTON replied that is correct.
1:53:52 PM
SENATOR TOBIN said some states have additional training
requirements or other restrictions, such as prohibiting
individuals with certain domestic violence convictions from
obtaining a concealed carry permit. She asked whether DPS has
ever entered into a reciprocity agreement with a state that has
more restrictive permitting requirements than Alaska.
MS. PURINTON said she would double-check, but explained that,
generally, to get a concealed carry permit in Alaska, an
individual must comply with state requirements and meet federal
eligibility requirements. She noted that the Bureau of Alcohol,
Tobacco, Firearms and Explosives (ATF) usually outlines those
federal requirements in U.S. Code. These include provisions
related to misdemeanor crimes of domestic violence, depending on
the nature of the relationship between the victim and the
defendant, along with other federally established criteria. She
reiterated that individuals must satisfy both federal and state
requirements.
1:55:24 PM
CHAIR CLAMAN invited the sponsor of HJR 3 to offer a statement
on his resolution.
1:55:30 PM
REPRESENTATIVE GEORGE RAUSCHER, District 29, Alaska State
Legislature, Juneau, Alaska, said that he has a statement from
the sponsor of federal bill, U.S. H.R. 38. He asked the bill
sponsor whether non-residents would have to abide by the conceal
and carry laws of those states. The bill sponsor answered yes.
U.S. H.R. 38 intends to allow individuals with concealed carry
privileges in their home state to exercise those rights in any
other state that allows concealed carry while still abiding by
that state's laws. The goal of the bill is to reduce confusion
and legal inconsistencies for responsible gun owners when they
travel outside their home state, while also respecting the
state's rights in the states that they are visiting.
1:56:29 PM
CHAIR CLAMAN asked who the statement is from.
REPRESENTATIVE RAUSCHER replied it is from U.S. Representative
Richard Hudson, Republican, North Carolina, District 9.
CHAIR CLAMAN sought confirmation that the statement is for U.S.
H.R. 38.
REPRESENTATIVE RAUSCHER answered in the affirmative, stating
HJR 3 encourages Congress to enact the bill, U.S. H.R. 38.
1:57:09 PM
CHAIR CLAMAN held HJR 3 in committee.
SB 258-CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
1:57:11 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 258
"An Act relating to a permanent fund dividend for an individual
whose conviction has been vacated, reversed, or dismissed; and
relating to the calculation of the value of the permanent fund
dividend by including payment to individuals eligible for a
permanent fund dividend because of a conviction that has been
vacated, reversed, or dismissed."
CHAIR CLAMAN said this is the first hearing of SB 258 in the
Senate Judiciary Committee. The bill is sponsored by the Senate
State Affairs Standing Committee. Senator Kawasaki will present
the bill.
1:57:45 PM
SENATOR SCOTT KAWASAKI, District P, Alaska State Legislature,
Juneau, Alaska, expressed appreciation, as chair, on behalf of
the Senate State Affairs Committee, to the members of the
Judiciary Committee for hearing SB 258. He presented the bill as
follows:
If someone is convicted of a felony in the state of
Alaska, that individual is not eligible to receive a
permanent fund dividend (PFD) for that qualifying
year, nor for any additional year in which
incarcerated. Currently, in the event a conviction is
later deemed invalid or vacated, no statute allows
that individual to receive the PFDs which were
incorrectly withheld. SB 258 would ensure Alaskans are
paid PFDs that are rightfully theirs. As is done with
prior year dividend fund liabilities, which is a
separate fund within the Permanent Fund Dividend, the
money to pay these back payments would come out of
that fund in the form of a reduction, which the
Department of Revenue created for that purpose. The
Department of Revenue calculates the amount of money
taken from the Permanent Fund based on the estimated
cases for that particular qualifying year. Once the
bill goes into effect, the minute someone becomes
eligible to receive back PFDs for a vacated, reversed,
or dismissed conviction, the Court System would notify
the Department of Revenue, send over necessary
documents, and the department would take the necessary
steps to calculate for the potential payout. Research
suggests that there will be between four and twenty
claimants, although the exact number cannot be
confirmed until people begin to make those claims. For
the first year, we expect the payout to be around
$103,000, which was an estimate made when a similar
bill passed the House of Representatives in the 30th
Alaska State Legislature. At this point, eligibility
is difficult to discern because it requires reviewing
court records to identify the rare instances where
individuals may qualify. However, based on the data we
do have, we can again estimate that there would be an
average of two to three claims per year.
SENATOR KAWASAKI expressed his belief that SB 258 is sound and
relatively simple legislation. It corrects a serious injustice.
This legislation proposes to help individuals who may have lost
time with loved ones, lost their jobs, or lost income to
transition back to civilian life.
2:01:09 PM
SENATOR KIEHL stated that there are a few bills pending that
would allow for vacating judgments under very limited
circumstances. He expressed his belief that the scope of SB 258
would not encompass those provisions. He referenced a proposal
to the Governor's bill that would allow the vacating of
judgments for individuals convicted of prostitution if they were
victims of sex trafficking, specifically in cases of selling. He
sought clarification, asking whether it is not enough to have a
judgment vacated, the charges must be dismissed or an actual
finding of not guilty on a retrial.
2:02:09 PM
SENATOR KAWASAKI said that probably was likely better addressed
to general counsel from the Alaska Court System. He explained
that the intent of SB 258 is to ensure that if a conviction has
been vacated or reversed, and dismissed or overturned by a
trial, the individual would become eligible for a permanent fund
dividend that they were previously denied due to the conviction.
He noted that the legal technicalities surrounding that
eligibility would be better clarified by general counsel.
2:03:02 PM
NANCY MEADE, General Counsel, Administrative Offices, Alaska
Court System, Anchorage, Alaska, replied that the bill she is
familiar with is pending and would vacate a conviction for
prostitution if certain conditions are met. She explained that,
under the Permanent Fund Dividend statute, individuals are
ineligible for a PFD if they incarcerated for:
- a felony, though she noted that prostitution is not a felony,
or
- a misdemeanor, if it is a third offense following two prior
misdemeanors.
MS. MEADE explained that it is possible individuals convicted of
the Class B misdemeanor of prostitution, which has a maximum of
10 days imprisonment, could fall under this category. She
estimated that the number of people affected would be extremely
small. She expressed her view that if the court vacates under
the criteria set by SB 258, and all other statutory conditions
are met, the person could seek the PFD that was previously
denied from the PFD office.
2:04:33 PM
SENATOR KIEHL referred to proposed subsection (i)(1) of SB 258,
which addresses the vacatur of judgment provision. He expressed
his understanding that under this provision, the court vacates
the conviction and there is no subsequent dismissal of charges
step. He restated his question, asking whether vacating a
judgment and dismissing charges are, in fact, two different
actions.
MS. MEADE replied that is a good question and said she would
need to consider it and how the Department of Law would apply
that provision. She acknowledged his point and stated that she
was uncertain about its application in that circumstance.
2:05:34 PM
SENATOR TOBIN referenced the well-known Fairbanks Four case and
asked how SB 258 would apply to a similar population. She
inquired whether the bill would help bring justice to
individuals in that situation.
MS. MEADE replied that her understanding is that the
circumstances involving the Fairbanks Four align with what
SB 258 is intended to address. She recommended, in such cases,
the Department of Revenue consult with the Department of Law
when presented with an appellate court decision.
2:06:21 PM
CHAIR CLAMAN noted that Mr. Bigelow from the Permanent Fund
Dividend Division is online.
2:06:34 PM
SENATOR KAWASAKI replied that in the case of the Fairbanks Four
SB 258 would correct what was a miscarriage of justice. He
emphasized the bill applies to any person who was wrongly
convicted. He stated that the issue is one of justice and
ensuring that a person who is wrongfully incarcerated or
wrongfully convicted has an opportunity. Many states have
introduced legislation similar to SB 258; some have offering
remedies such as waiving tuition and fees at public colleges and
universities, an approach Texas recently adopted. Alaska is
unique in that the state has a permanent fund dividend. He noted
that Alaska is unique in having a permanent fund dividend and
can approach wrongful conviction compensation in different ways,
with SB 258 being just one small part of that.
2:07:37 PM
CHAIR CLAMAN remarked that, as a graduate of the University of
Texas, he would suggest that free tuition at the University of
Texas, or, for that matter, the University of Alaska, is
probably worth more than a permanent fund dividend payment.
2:08:11 PM
SENATOR TOBIN sought clarification on the transition and
eligibility language found on pages 2 and 3 of the bill.
2:08:44 PM
SENATOR KAWASAKI referenced Section 3 of the bill, paraphrasing:
An individual who is eligible for PFD compensation as
defined under Section 1 of the bill, and whose
dismissal or not guilty finding occurred before the
effective date of this Act, shall apply for a
permanent fund dividend no later than one year after
the effective date of the Act.
SENATOR KAWASAKI explained that the transition provision gives
individuals one year from the effective date of SB 258 to apply.
2:09:14 PM
CHAIR CLAMAN sought confirmation that this provision sort of
imposes a statute of limitations to apply for the dividend.
SENATOR KAWASAKI confirmed that it does.
2:09:29 PM
CHAIR CLAMAN announced invited testimony on SB 258.
2:09:57 PM
JORY KNOTT, Executive Director, Alaska Innocence Project,
Anchorage, Alaska, testified in support of SB 258. He said he is
a lifelong Alaskan. SB 258 would amend the Permanent Fund
Dividend statute to allow for back payment of PFDs to Alaskans
who were wrongfully convicted and incarcerated during those
years. He highlighted three points:
- This bill has a zero fiscal note.
- This bill is nonpartisan.
- Passing this bill is the right thing to do.
MR. KNOTT elaborated on the zero fiscal note, stating that back
payments would come from prior year dividends, which are
sufficient to take care of the Fairbanks Four case and future
cases taken on by the Alaska Innocence Project. Furthermore, the
bill has no impact on the Restorative Justice [Program] or
victim impact funds derived from PFDs withheld from incarcerated
felons. He commented that the bill carries no criminal justice
fiscal note.
MR. KNOTT reiterated that SB 258 is nonpartisan, pointing out
that HB 342, the House companion bill, is receiving bipartisan
support and community support.
MR. KNOTT emphasized that SB 258 is simply the right thing to
do. He said receiving a PFD is a fundamental part of being
Alaskan. He contrasted the treatment of lawfully convicted
individuals, who receive reentry services and legislative
support for reintegration, with that of wrongfully convicted
individuals, who receive nothing under current law.
MR. KNOTT concluded that SB 258 moves Alaska toward a more just
and productive future for wrongfully convicted individuals. He
stated that wrongful convictions do happen, even though most of
the time the justice system gets it right. He closed by stating
that wrongfully convicted Alaskans deserve an apology, a warm
welcome home, a chance to contribute to the economy, and at the
very least, the same right to a PFD as every other Alaskan.
MR. KNOTT underscored that denying a PFD to someone who was
wrongfully imprisoned constitutes a second injustice. He thanked
the committee for its time.
2:15:03 PM
CHAIR CLAMAN asked why tuition at the University of Alaska is
not being considered, noting that if the goal is to support
individuals who have lost civil rights and help them
reintegrate, a university education may be more valuable than a
check.
2:15:28 PM
MR. KNOTT replied that Alaska is one of only 12 or 13 states
that provide no compensation for wrongful conviction, though
that number is decreasing annually. He said there is a strong
movement towards reintegration support, including tuition,
housing, and job training. He noted that Texas, once known for
frequent wrongful convictions, now has the most robust
reintegration program. He said studies show that 2 to 5 percent
of convictions are wrongful. Even at 2 percent, this could mean
nearly 100 wrongful convictions in Alaska. The Alaska Innocence
Project is a small organization, and though it has volunteers
and community support, it also has limited capacity. He said it
is one thing to fundraise, but nothing makes change faster than
a face of a wrongfully convicted individual asking for a little
bit of help.
2:17:18 PM
CHAIR CLAMAN opened public testimony on SB 258
2:17:48 PM
BRIAN RIDLEY, Chief Chair, Tanana Chiefs Conference, Fairbanks,
Alaska, testified in support of SB 258. He offered the following
testimony:
Thank you for the opportunity to provide public
testimony in strong support of SB 258 today. In
December, almost nine years ago, Tanana Chiefs
Conference celebrated the release from prison the men
known as the Fairbanks Four: Marvin Roberts, George
Frese, Eugene Vent, and Kevin Pease.
These men had maintained their innocence for 19 years
pursuing post-conviction relief options through every
avenue, even years after the State of Alaska had
received evidence that supported their innocence. The
State did not provide these men with reparations to
transition back into daily life. Despite their proven
innocence, the difficulty of reentering society is
profound for the wrongfully convicted. The failure to
compensate them adds insult to injury.
Young men that were arrested in 1996 reentered the
world having spent their formative years in a concrete
cell. They had lost work and education opportunities,
social and relationship opportunities, things that are
hard to put a price on. But throughout the entire time
that any Alaskan is fighting for their innocence, one
thing is not lost, the fact that they are Alaskans.
There's one thing that everyone in Alaska has an
opinion on, unfortunately, it isn't reparations for
the wrongfully convicted. It is the PFD. What better
way to welcome someone who has freshly reclaimed their
innocence than by reminding them that their Alaskan
reward is still waiting for them?
We were delighted in 2017 when then Representative
Kawasaki introduced this legislation and championed it
through the House with an overwhelming show of
support. Now, seven years later, we continue to
believe that SB 258 is an important first step in
ensuring the integrity of our criminal justice system.
Currently, the federal government, the District of
Columbia, and 30 states have compensation statutes.
Twenty states do not; Alaska is one of those 20. This
is not an honored distinction.
Please support this important legislation.
Thank you, Mahsi Choo.
2:20:29 PM
CHAIR CLAMAN closed public testimony on SB 258.
2:20:44 PM
SENATOR GIESSEL agreed with the theory of SB 258 but questioned
the financial logistics behind the zero fiscal note. She
referenced the fiscal note narrative, which states the Permanent
Fund Dividend Division cannot estimate how many Alaskans may
apply under the bill's provisions. She said this suggests the
fiscal note should be indeterminate.
SENATOR GIESSEL raised concerns about logistics, explaining that
the total amount available for dividends each year comes from a
percent of the market value. After that is determined, it is
divided by the number of eligible applicants, which sets the
amount of the dividend. She asked how payments for past years
would be handled, noting that those dividends have already been
distributed. She asked whether the payments would come from the
current year distribution and, if so, whether that would change
the calculation.
2:22:11 PM
COREY BIGELOW, Operations Manager, Permanent Fund Dividend
Division, Department of Revenue (DOR), Juneau, Alaska, confirmed
that the Division is unable to estimate how many Alaskans may
apply under SB 258. He agreed the fiscal note should be
considered indeterminate at this time. He expressed his belief
that use of the liability fund was mentioned during the bill's
introduction. Depending on how many individuals apply in the
first year and for how many years, it is unclear whether the
fund would have sufficient resources. He stated that he did not
have the current balance in front of him but would provide that
information to the committee.
He explained that depending on how many individuals apply in the
first year, or for how many years, he does not know if the
liability fund would have enough available in it. He said that
he does not have the amount of the fund in front of him but
would gather that information for the committee.
2:23:27 PM
CHAIR CLAMAN held SB 258 in committee.
2:24:00 PM
There being no further business to come before the committee,
Chair Claman adjourned the Senate Judiciary Standing Committee
meeting at 2:24 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 258 Version A 3.6.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Sponsor Statement 3.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Sectional Analysis 2.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| HJR 3 Senator Tobin Document - recent studies on violent crime associated with concealed carry laws 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
HJR 3 |
| SB 258 Letter of Support - Fairbanks Native Association 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Fiscal Note DOR-PFDD 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| HJR 3 Letter of Opposition - International Association of Chiefs of Police 3.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
HJR 3 |