03/31/2009 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB158 | |
| SB68 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 158 | TELECONFERENCED | |
| *+ | SB 68 | TELECONFERENCED | |
| += | SB 126 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 31, 2009
9:51 a.m.
MEMBERS PRESENT
Senator Linda Menard, Chair
Senator Kevin Meyer, Vice Chair
Senator Hollis French
Senator Joe Paskvan
MEMBERS ABSENT
Senator Albert Kookesh
COMMITTEE CALENDAR
SENATE BILL NO. 158
"An Act relating to the return of property used as evidence to
the owner."
MOVED CSSB 158(STA) OUT OF COMMITTEE
SENATE BILL NO. 68
"An Act relating to the voting rights of felons."
MOVED SB 68 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 158
SHORT TITLE: RETURN OF PROPERTY
SPONSOR(S): SENATOR(S) DYSON
03/20/09 (S) READ THE FIRST TIME - REFERRALS
03/20/09 (S) STA, JUD
03/31/09 (S) STA AT 9:00 AM BELTZ 211
BILL: SB 68
SHORT TITLE: FELONS' RIGHT TO VOTE
SPONSOR(S): SENATOR(S) DAVIS
01/21/09 (S) READ THE FIRST TIME - REFERRALS
01/21/09 (S) STA, JUD, FIN
03/31/09 (S) STA AT 9:00 AM BELTZ 211
WITNESS REGISTER
SENATOR FRED DYSON
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented SB 158.
ANNIE CARPENETI, Criminal Division
Department of Law
Juneau AK
POSITION STATEMENT: Discussed SB 158.
SENATOR BETTYE DAVIS
Alaska State Legislature
Juneau AK
POSITION STATEMENT: Presented SB 68.
LYNDA ZAUGG, Staff
to Senator Davis
Alaska State Legislature
POSITION STATEMENT: Presented SB 68.
DWAYNE PEEPLES, Deputy Commissioner
Department of Corrections
Juneau AK
POSITION STATEMENT: Answered a question on SB 68.
MARGARET PUGH
Juneau AK
POSITION STATEMENT: Spoke in support of SB 68.
JEFFREY MITTMAN, Executive Director
American Civil Liberties Union of Alaska
Anchorage AK
POSITION STATEMENT: Spoke in support of SB 68.
PETER MCKAY
Kenai AK
POSITION STATEMENT: Spoke in support of SB 68.
ACTION NARRATIVE
9:51:46 AM
CHAIR LINDA MENARD called the Senate State Affairs Standing
Committee meeting to order at 9:51 a.m. Senators French,
Paskvan, Meyer, and Menard were present at the call to order.
SB 158-RETURN OF PROPERTY
9:52:33 AM
CHAIR MENARD announced the consideration of SB 158.
SENATOR FRED DYSON, Alaska State Legislature, said a friend of
his runs a boat building shop. Two people came in and said they
wanted to buy a boat. Later, almost $45,000 worth of electronic
equipment disappeared. The owner found two thirds of his goods
in hock shops and on internet sales. The police picked up much
of it, which led them to the perpetrators. The shop owner had to
repurchase similar equipment because the stolen items were held
as evidence. State law allows that the evidence be photographed
for use in court. That often doesn't happen. Senator Dyson has
spoken with prosecutors, district attorneys, and police
officers. Due to the high volume of these low-priority crimes,
the property is often not returned in a timely fashion.
9:55:31 AM
SENATOR DYSON said state law is adequate in this area; it is
just a problem of emphasis and streamlining the process. SB 158
attempts to facilitate getting property back to the rightful
owner without disturbing the legal process.
CHAIR MENARD said the bill allows 60 days after the final
disposition of the case.
SENATOR FRENCH said this seems to be a good idea. Property
owners can be inconvenienced for a long time. The bill puts the
decision in the right agency. "You let the cops decide when
they're through with it. That may give some people pause, but
they're the people who we've charged with enforcing the law and
... beginning the process of prosecution, so it looks ... like a
good idea." He asked if there are supportive letters from the
police, union, or the administration.
9:57:12 AM
SENATOR DYSON said no, but Annie Carpeneti is available from the
Department of Law. He has also talked with police and troopers,
but he has no letters in hand. He has been told that a defense
attorney has to agree for the evidence to leave custody.
Sometimes the defense won't allow it in efforts to throw
roadblocks in the way of the prosecution.
9:58:07 AM
SENATOR FRENCH said he doesn't know about that. Pretrial
evidence may be needed but not crucial. The defense attorney may
have to give permission to give something back to the victim.
ANNIE CARPENETI, Criminal Division, Department of Law, Juneau,
said she understands that victims want to get their property
back. The state has a duty to preserve evidence that is
discoverable by the defense. If that is not done, the state is
sanctioned, which can include dismissing the prosecution or
telling the jury to presume that the evidence would not be
favorable to the defense. "We are working under some constraints
as to ... the constitutional right to discovery of evidence by
the defense." Police need to consult with the defense and the
prosecution before returning property. The way the bill is
drafted makes it look like the police could make that decision
on their own. Most would still consult but "we would like to
make it clear that they would." It doesn't say when, it just
says before 60 days after the case is completed. It is important
to keep evidence to meet discovery obligations under the law.
SENATOR FRENCH asked what "final disposition of the case" means.
Is that the exhaustion of all appellate opportunities?
MS. CARPENETI said yes. These days that date is not clear
because of post-conviction relief and appeals. The more
important the case, the longer it goes.
10:01:12 AM
SENATOR FRENCH asked Ms. Carpeneti if she has a phrase that
should be added so that law enforcement must speak to the
prosecution and defense before releasing property.
MS. CARPENETI said on line 9, after "determines" add ", after
consulting the prosecuting authority and the defense,".
SENATOR FRENCH moved Conceptual Amendment 1 as stated above, as
long as it comes back as a draft amendment from legislative
legal services. Hearing no objection, Conceptual Amendment 1 was
adopted.
SENATOR DYSON said the next committee of referral is the
judiciary. This committee should decide that the bill is in the
public interest because it protects victims from continual
victimization. The legal issue can be fixed in judiciary.
10:02:53 AM
SENATOR FRENCH said the amendment passed. If the bill leaves
state affairs, the language will appear in the next committee.
SENATOR PASKVAN said he concurs. The prosecution will determine
the weight of the evidence. The amendment is appropriate.
SENATOR DYSON said he wants "to bump this up as a priority for
the prosecutors and law enforcement folks to take care of the
victim." Already they have to get permission from the defense to
get the evidence released. Maybe these changes help do that.
"I'm good," he concluded.
10:04:28 AM
SENATOR MEYER moved to report SB 158, as amended, from committee
with individual recommendations and attached fiscal note(s).
There being no objection, CSSB 158(STA) moved out of committee.
The committee took a brief at-ease.
SB 68-FELONS' RIGHT TO VOTE
10:06:37 AM
CHAIR MENARD announced the consideration of SB 68.
SENATOR BETTYE DAVIS, Alaska State Legislature, said this bill
was heard in Senator French's committee last session.
LYNDA ZAUGG, Staff to Senator Davis, Alaska State Legislature,
read from the following sponsor statement:
Across the country, states handle the right to
vote for returning felons differently. Two states,
Maine and Vermont, do not take away a felon's right to
vote. Thirteen states allow felons to vote upon
release from incarceration. Twenty one, including
Alaska, allow felons to vote after they complete all
parole/probation requirements, while fourteen states
permanently disenfranchise certain felons. If our
belief is that felons, once released, have paid their
debt to society, returning their right to vote upon
release from incarceration would be a positive step.
SB 68 allows felons, upon release from
incarceration, to register to vote. This bill starts
the process which allows felons to start assuming
responsibility for reintegration in their communities.
We are each responsible for how our government works
and we do that through voting. In Alaska, 6,081
Alaskans have lost their right to vote because of
felony convictions. Currently, Alaska law bars the
vote to persons convicted of felonies of moral
turpitude until the expiration of a post-incarceration
period of parole or probation, which is often years
after they have reentered society to become productive
citizens and taxpayers.
Harsh sentencing laws over the past 30 years have
allowed the prison population to balloon while
reducing the rehabilitative model to almost non
existent. Over 4.7 million Americans, or 1 in 43
adults, cannot vote due to felony convictions, with
1/3 or more of them incarcerated due to alcohol and
drug offenses. In Alaska, we have gone from slightly
over 800 prisoners in 1984 to 5,344 in 2008, an
increase of 149 percent. Of those incarcerated in
Alaska, 48 percent are Caucasian, 36 percent are
Alaska Native, 10 percent are African American, 3
percent are Hispanic, and 3 percent are Asian/Pacific
Islanders. Minority felons are disproportionately
disenfranchised nationally under current law, and the
harm of this continued disenfranchisement after
release is exacerbated by stigma and other forms of
discrimination as they try to reenter society. In
Alaska, 52 percent of our incarcerated offenders are
minorities.
In Alaska, we do not have a problem taking a
person off the voting roles if convicted of a felony,
but we do not have a system that will automatically
allow them to return to the voting rolls upon
termination of supervision. Voting is just one of many
steps a returning felon must make to become a
productive member of the community. This bill will
help provide a clear time for returning voting rights
and provide an important right/responsibility to
felons returning to their communities.
10:11:26 AM
SENATOR MEYER asked how many people will be affected.
MS. ZAUGG said the Division of Elections told her that 6,081
couldn't vote because of felony convictions.
SENATOR MEYER said the bill states that the department will give
a person a written notification.
MS. ZAUGG said that with computers it will be relatively easy to
have an automatic notice go to the division when someone is
discharged. It will save a little time, and it will insure that
it won't get overlooked.
SENATOR MEYER noted the large number of people, so he questioned
the zero fiscal note.
MS. ZAUGG said there is no fiscal impact because, "in theory,
that's already occurring, it's just staggered out over a longer
period of time." A vast majority have a five-year probation. Ms.
Zaugg was a probation officer, and she sees that staff are
really focusing on the next problem walking in the door instead
of the person walking out. It can slip through the cracks.
10:13:30 AM
SENATOR MEYER asked if the intent of SB 68 is that when a
convicted felon leaves prison, he or she has paid the price and
should then be a voting citizen.
MS. ZAUGG said this bill says that these people have paid their
institutional price. One of the goals of probation is to
reintegrate people into society without creating a risk to
others. To be tied to society they need to get back some
responsibilities, and voting is one.
SENATOR MEYER said he doesn't disagree with that, and the state
should start giving back their PFDs because that will help them
get their feet back on the ground.
CHAIR MENARD said she sees this as a dignity bill. There is
dignity attached to being able to vote. It extends the olive
branch to people to promote their success.
SENATOR PASKVAN asked how many people will seek the right to
vote annually.
10:15:40 AM
MS. ZAUGG said there over 5,000 on supervised probation or
parole. There are probably 1,000 to 1,500 sentenced felons.
SENATOR PASKVAN asked how many people will use this annually.
MS. ZAUGG said she doesn't know because the 6,081 were on the
voting roles and taken off when convicted. The bill is targeting
those who were registered to vote previously, she believes.
10:17:24 AM
SENATOR DAVIS said the parole officer will let them know they
are eligible to vote. It would be up to them to decide to
register.
SENATOR PASKVAN asked if probation officers are not now telling
those who complete probation that they have the right to
register to vote. What percentage of people who have completed
their incarceration and probation actually register?
SENATOR DAVIS said she doesn't know.
10:19:16 AM
DWAYNE PEEPLES, Deputy Commissioner, Department of Corrections,
said in 2007 there were 2,700 people who would have fallen under
this bill.
MARGARET PUGH, Juneau, said this is a national issue and she is
glad that Alaska is one of the states addressing it. Voting
rights of felons are different in every state. Some states never
take the right to vote away from a felon, and some take it away
and never give it back. In a democracy, that might not be good.
She believes that the denial of voting rights is a vestige of an
earlier period. Illiterate people or those who did not own
property were once denied the right to vote. There was a time
when people couldn't vote if they didn't pay a poll tax. We
don't do that any more. With computers it will be simple to send
the list to the Division of Elections. It is the right thing for
Alaska. Ms. Pugh is retired from the field of corrections.
10:23:42 AM
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union of Alaska, said the ACLU supports SB 68. A majority of
Alaskans who are disenfranchised are not in prison; they are
living in the communities. There are a growing number of states
limiting the amount of disenfranchisement, "and we hope that
Alaska joins their ranks." Restricting voting rights does not
prevent crime or provide compensation to victims. It
accomplishes the opposite of what the state should be doing to
promote re-entry. Those who vote after release from supervision
are half as likely to be re-arrested. Alaska Natives are about
31 percent of the total disfranchised population, although they
are only about 15 percent [of Alaska's population]. There is a
disparate racial impact of disenfranchisement. The American
Probation and Parole Association resolved that restoration of
voting rights upon completion of a prison sentence should occur,
and it advocates no loss of voting rights while on supervision.
The National Black Police Association supports automatic
restoration of voting rights upon discharge. The American Bar
Association does not support collateral sanctions such as the
deprivation of voting rights, except during confinement. He
suggested a change to the bill of not requiring those who become
re-eligible to vote to provide proof that they have completed
their sentence. That is an unnecessary obstacle and a paperwork
issue. Individuals who vote are more likely to give to
charities, volunteer, attend school board meetings, serve on
juries, be interested in politics, participate in public
demonstrations, and cooperate with fellow citizens -- all things
that society wants former offenders to do.
10:27:17 AM
PETER MCKAY, Kenai, said he is a parent of a felon. His son is
now on parole. This bill is not being driven by lobbyists or
special interest groups. Senator Davis should be recognized for
bringing this bill on behalf of convicts, a group without a
voice. This is not a large voting block and will not have a
large impact on elections, but it is a nice gesture to former
convicts. He supports rehabilitation. The correctional system
can do more of that. If even one ex-felon uses this small
gesture and doesn't reoffend, or it eases the transition back
into society, then the state has done the right thing. This bill
restores one of our most important rights to citizens, and they
are citizens, like you or me. He asked members to cosponsor it.
SENATOR MEYER moved to report SB 68 from committee with
individual recommendations and attached fiscal note(s). There
being no objection, SB 68 moved out of committee.
10:30:02 AM
The meeting was adjourned at 10:30 a.m.
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