SB 7-FELONS' RIGHT TO VOTE OR BE JURORS    9:00:42 AM CHAIR WIELECHOWSKI announced the first order of business would be SB 7. SENATOR DAVIS, sponsor of SB 7, stated this is not the first time this bill has been introduced, but it is an important issue. 9:01:19 AM TOM OBERMEYER, staff to Senator Bettye Davis, noted that currently the right to vote remains suspended from the date of a felony conviction to the date of release from all provisions of the sentence, including probation and parole. Harsher sentencing laws have allowed the prison population to balloon, while reducing rehabilitative programs to almost nonexistent. Article 1, Section 12, of the Alaska Constitution requires that criminal administration shall be based upon the philosophy of reformation. He stated that in 2009 more than 10,000 Alaskans were ineligible to vote pursuant to this provision. In Alaska the prison population increased from 800 prisoners in 1984 to over 5,000 prisoners in 2008, an increase of over 600 percent. Of those incarcerated in Alaska, 48 percent were Caucasian and 52 percent were minorities. MR. OBERMEYER said that felons face discrimination as they try to reenter society, and that restoring the right to vote is critical to successful reentry into society after incarceration, and is consistent with the modern ideal of universal suffrage. He added that SB 7 would limit disenfranchisement to those actually incarcerated, and would give felons the right to vote upon release. Felon disenfranchisement standards rest on outdated practices, and former U.S. Supreme Court Justice Marshall said it is doubtful whether any state can demonstrate a compelling interest in denying felons the right to vote. MR. OBERMEYER noted that the bill has a zero fiscal note. 9:06:54 AM SENATOR MEYER asked how "moral turpitude" is defined. MR. OBERMEYER replied it is defined under AS 15.80.010(9) [AS 15.05.030(a)] as "those crimes that are immoral or wrong themselves, such as murder." There appears to be no statutory reference to felonies not involving moral turpitude. SENATOR MEYER then asked for a definition of "unconditional discharge." 9:09:18 AM MR. OBERMEYER responded that is a better question for Ms. Gutierrez, but the purpose of SB 7 is to let felony offenders vote immediately upon release from prison, regardless of unconditional discharge. SENATOR MEYER asked if a person still on probation has served his or her full sentence. MR. OBERMEYER responded that probation is a historic process of allowing people to perform while out of prison. The only way to easily administer this bill is to give released felons the right to vote immediately. He noted that if they are reincarcerated, then their voting rights can be taken away again. They have served good time in order to get parole, and hopefully are better citizens when they are released. SENATOR MEYER stated concern that a person still on parole could serve on a jury if SB 7 passes. 9:12:40 AM MR. OBERMEYER replied that there is no way to know what people will do once released; but hopefully they want to do the right thing, and that continued retribution hinders the process of reintegrating into society. SENATOR GIESSEL said that some of the felonies that involve moral turpitude are sexual abuse, incest, perjury, child pornography, endangering the welfare of a minor, and misuse of controlled substances. Some of these have high recidivism rates, and she is concerned about giving felons the right to vote while on probation. Current law says that after a felon has completed parole or probation, their rights are restored; in fact, more than 17,000 felons had their voting rights restored in 2008- 2009. 9:14:35 AM MR. OBERMEYER said he doesn't see this as a problem, and noted that some states don't even take voting rights away upon a felony conviction. He further stated that the Alaska constitution is pointing toward a model of rehabilitation and reformation. People must have their civil rights restored in order to be able to vote. With modern procedures, the Division of Elections can change a person's status on-line. Mr. Obermeyer also said that the ACLU cites a study indicating that the numbers of people who have been re-enfranchised shows a link between voting participation and re-offense; those who vote are half as likely to be re-arrested. 9:18:53 AM CHAIR WIELECHOWSKI noted this is a good discussion to have, because recidivism is a revolving door and the costs to the state are enormous. 9:19:26 AM ANNE CARPENETI, Assistant Attorney General, Criminal Division, Department of Law (DOL), stated the department's concerns with SB 7 are legal, not philosophical, although the criminal division does have concerns about people who are recently released from incarceration serving on juries. Philosophically, the DOL shares the sponsor's concerns. She explained that the legal issue is difficult, because the constitution is very clear; there is no right to vote until the person's civil rights are restored. Serving on a jury or possessing a handgun, for instance, are civil rights and being on probation or parole does restrict a person's civil rights. 9:21:50 AM SENATOR MEYER asked if being on probation is part of a person's sentence. MS. CARPENETI replied yes, probation is still part of the sentence and the conditions of probation do limit a person's civil rights. 9:22:38 AM SENATOR MEYER stated the voting part doesn't bother him as much as someone serving on a jury while still on probation. MS. CARPENETI responded that a person becomes part of the jury pool by virtue of applying for a PFD. SENATOR MEYER asked if a person serving a sentence may receive a PFD. MS. CARPENETI replied that PFDs are suspended for most felons. She emphasized that the Department of Law does not have a position on SB 7 at this point, but there are practical issues that need to be considered. 9:24:03 AM CHAIR WIELECHOWSKI asked what part of the constitution she was referring to. MS. CARPENETI said that it was Article 5, Section 2. CHAIR WIELECHOWSKI read from that document, "No person may vote who has been convicted of a felony, until that person's civil rights have been restored." So the question remains, at what point a person's civil rights are restored. MS. CARPENETI responded that under current law, a person who has been convicted of a felony can vote when the conditions of probation and parole have been satisfied. She noted that definition is in statute. 9:25:20 AM CHAIR WIELECHOWSKI asked if restoration is automatic or part of a process. MS. CARPENETI responded that she believes they can just go to the Division of Elections and register. CHAIR WIELECHOWSKI asked Mr. Obermeyer to walk the committee through the bill. 9:26:20 AM MR. OBERMEYER said that Section 1 would change AS 9.20.020(2) from a person being disqualified from serving as a juror until unconditional discharge to being disqualified until release from prison. CHAIR WIELECHOWSKI asked if unconditional discharge is automatic. MR. OBERMEYER answered that the disability has to be removed by the Department of Corrections, and they send information to the Division of Elections, then the person has to go the Division of Elections and reapply. In the past, this happened after unconditional discharge. He noted that in some cases, restitution is also involved, which makes it more difficult for people to have their civil rights restored. 9:29:35 AM He further explained that Section 2 changes AS 15.05.30(a) to provide that a person convicted of a crime that constitutes a felony involving moral turpitude under state or federal law will be advised of voter registration requirements and procedures upon release, and the Division of Corrections will notify the Division of Elections that the person is entitled to be registered as a voter. Section 3 changes AS 15.07.135 to provide that the voter registration of a person convicted of a crime involving moral turpitude will be cancelled only while that person is incarcerated, instead of until that person's unconditional discharge from custody. Section 4 changes AS 33.30.241(a) to provide that a person convicted of a crime that constitutes a felony involving moral turpitude under state or federal law is disqualified from voting while incarcerated instead of being disqualified from voting until the person's unconditional discharge. 9:30:58 AM CHAIR WIELECHOWSKI asked why SB 7 includes federal law. MR. OBEMEYER responded that many felony offenders, including most drug offenses, wind up in federal prisons. He further stated that Section 5 changes AS 33.30.241(b) as it relates to jury duty, and Section 6 repeals AS 15.60.010(39), a definition of unconditional discharge, and AS 33.30.241(c), a definition of unconditional discharge. 9:32:31 AM ALPHEUS BULLARD, Attorney, Legal Services, Alaska State Legislature, explained that "federal" is added on page 2, line 28, to create a consistent standard. If someone is able to vote for governor or for mayor, they should be able to vote for their senator as well. CHAIR WIELECHOWSKI asked what the current law is. MR. BULLARD replied he believes a convicted felon who has not been unconditionally discharged is unable to vote in a federal election. CHAIR WIELECHOWSKI asked what is being repealed in Section 6, with the reference to AS 33.30.241(c). MR. BULLARD responded that it is a conforming reference to the definition of unconditional discharge that is found at AS 12.55.185. CHAIR WIELECHOWSKI asked, "In your opinion is there a constitutional issue with this bill?" MR. BULLARD stated that he does not have a legal opinion on that issue. He further stated that Article 5, Section 2 of the Alaska State Constitution provides that a person who has convicted of a felony cannot vote until his civil rights have been restored. What "civil rights being restored" means for the purpose of this clause has not been explored by our state's courts. 9:36:19 AM CARMEN GUTIERREZ, Deputy Commissioner, Department of Corrections (DOC), explained she is responsible for prisoner rehabilitation and re-entry. She said that DOC is committed to upholding its constitutional responsibility to provide reform and rehabilitation for persons under its jurisdiction, and she emphasized that they are trying to provide rehabilitative services in their institutions, and are very supportive of efforts to reintegrate prisoners into the community. She noted that in 2008 the DOC released 287 convicted felons every month. If these people are not successfully reintegrated they come back; Alaska's recidivism rate is 66 percent, and most are within the first year of release. MS. GUTIERREZ further noted that page 2 of SB 7, under (b), states "the commissioner of corrections shall notify the director that the person is entitled to be registered." She said this language makes it appear that the commissioner is being asked to render a legal opinion, and it may be better stated that the person has been released from custody. MS. GUTIERREZ also said that, with regard to the impact of SB 7 on the department, when an individual is unconditionally discharged from probation, meaning he or she has satisfied all conditions of probation DOC issues a notice both to the probationer and the Division of Elections. She noted it may be helpful at this point to understand the differences between parole and probation, and between mandatory and discretionary parole. Discretionary parole is when an individual asks for early release; if the parole board finds it appropriate, the person will be released early. Mandatory parole comes when an offender receives the benefit of good time credit, which most offenders do; one-quarter of their sentence is reduced for good behavior. She further explained that probation is usually part of a person's sentence, and that mandatory parole and probation are served at the same time; probation can be anywhere from three to five to ten years. In 2008 the DOC released just over 1,700 people on to parole and almost 7,000 on to probation. Today the DOC has about 6,000 individuals on probation, and approximately 850 are on abscond status, meaning they are no longer reporting, and warrants have been issued for their arrest. 9:44:04 AM MS. GUTIERREZ further explained that the second issue for consideration is the filing of petitions to revoke because of failure to comply with probation requirements. Over a six month period, a snapshot review showed the Anchorage probation department filed 178 - 200 revocation petitions every month. When a petition to revoke probation is filed, she said, sometimes the person is arrested quickly, sometimes not. So there could be some record keeping logistics in terms of verifying who is incarcerated and who is not. She emphasized that this is something to be aware of, but the DOC remains supportive of all efforts to rehabilitate, consistent with preserving public safety. 9:46:25 AM CHAIR WIELECHOWSKI noted the ACLU says that recent research finds a link between voting participation and re-offense, in which people who voted after release were half as likely to be re-arrested as those who didn't. He asked if the DOC agrees. MS. GUTIERREZ stated she was unaware of this research, and her consultant was unaware of it, but she would like to review the research. She finds it very interesting and compelling, but can't yet comment on it. CHAIR WIELECHOWSKI responded that if restoration of voting rights can reduce recidivism, then we are talking about a huge savings to state. MS. GUTIERREZ stated that recidivism can be reduced by just 10 percent it would be a huge savings to the state and to the citizens, because fewer new victims would be created and our communities would be safer and healthier. CHAIR WIELECHOWSKI asked Ms. Gutierrez to check with her consultants and see if they agreed with this research, because that would be a very compelling reason to pass SB 7. Reducing recidivism and preventing future crimes, he stated, would have a very positive impact on the state. He then asked if a person is automatically discharged once they have completed the conditions of their probation and parole. MS. GUTIERREZ replied that when a person has satisfied the conditions of their probation or parole, they are given a document that states they are unconditionally discharged, and at that point they can register to vote. CHAIR WIELECHOWSKI asked if the DOC has any problems with providing written notification of the unconditional release. MS. GUTIERREZ replied that the DOC is already doing that. 9:50:32 AM DR. ALONZO PATTERSON, Pastor, Shiloh Baptist Church, Anchorage, said he has served with the parole system for thirteen years and that he supports SB 7 to help people being released from prison feel they are a part of society. When a person is released, the institution says they are rehabilitated, but fulfilling their obligations can go on for years, in some cases because of a technicality. Dr. Patterson stated that he is supportive of felons having the right to vote as soon as they are released from jail. 9:55:17 AM CAL WILLIAMS, Vice President, NAACP of Anchorage, stated that he served as a commissioner on the prison industry commission, and that the right to vote is a key factor in reducing recidivism. He further stated that the NAACP stands for rehabilitation and reintegration into society, and that the NAACP of Anchorage supports SB 7. TROY BUCKNER, President, Anchorage Urban League, said the League's focus is economic and educational parity for people of color and poor people, and that the Anchorage Urban League supports SB 7. 10:00:25 AM CHAIR WIELECHOWSKI announced that SB 7 would be set aside for further consideration.