Legislature(1993 - 1994)

1994-02-04 House Journal

Full Journal pdf

1994-02-04                     House Journal                      Page 2257
HB 442                                                                       
HOUSE BILL NO. 442 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to criminal justice information; providing                   
procedural requirements for obtaining certain criminal justice                 
information; and providing for an effective date."                             
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal note, Dept. of Law, 2/4/94                                         
Zero fiscal note, Dept. of Health & Social Services, 2/4/94                    
Zero fiscal note, Dept. of Public Safety, 2/4/94                               
Fiscal note, Dept. of Corrections, 2/4/94                                      
                                                                               
                                                                               
The Governor's transmittal letter, dated February 4, 1994, appears             
below:                                                                         
                                                                               
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to criminal justice information.                  
                                                                               
The need for new Alaska legislation on the subject of criminal justice         
information and computer information systems has been recognized for           
a number of years.  If accurate and complete, these information                
systems provide a measure of protection for law enforcement officers           
on the front line of the battle against crime and provide needed               
information for all parts of the criminal justice system and the public.       
At the same time, provisions are needed for the security and privacy           
                                                                               

1994-02-04                     House Journal                      Page 2258
HB 442                                                                       
of the information contained in these systems.  Under the bill,                
"criminal justice information" does not include records relating to            
juvenile offenders.                                                            
                                                                               
                                                                               
The federal Anti-Drug Abuse Act of 1988 required the United States             
Department of Justice to develop a system for more immediate and               
accurate identification of offenders, which resulted in voluntary              
national standards being developed.  The Department of Justice                 
recommended that all states (1)implement mandatory reporting of all            
criminal justice information, (2)monitor case dispositions and adopt           
unique case-tracking numbers to improve data accuracy, (3)ensure               
timely submission of fingerprint records, (4)provide standardized data         
entry, and (5)provide audits, training, and data security.  This bill is       
a necessary step toward that goal, and it will provide a framework             
under which the state can comply with appropriate national standards           
for the collection and use of criminal justice information, to the extent      
they are practical as applied to Alaska.                                       
                                                                               
                                                                               
This bill also adopts a trend seen in some other states, to give the press     
and public greater access to criminal history records and to make those        
records more `open.'                                                           
                                                                               
                                                                               
For example, under this bill, anyone would be permitted to receive             
information about a person in the custody or under the supervision of          
the state, including the location of incarceration of inmates, and the         
conditions under which such inmates are released into the community            
on bail, probation, or parole.  Currently, much of this information is         
available only  to victims of crimes.  AS33.16.120(f).  The public             
would also be permitted to receive information about past convictions          
if less than 10 years has elapsed from the date the offender was               
released from all state supervision.  Current law gives past conviction        
records only to employers of persons who work with children, and               
only for specified crimes.  AS 12.62.035.  These provisions in this            
legislation would give the public a great deal of information about            
current or past criminal offenders that is either not available under          
current law, or is only available by expending great effort to search          
paper or microfilm records in the possession of the court system.              
                                                                               

1994-02-04                     House Journal                      Page 2259
HB 442                                                                       
A detailed section-by-section description that describes the need for          
and the intent behind each provision in the bill is available from the         
Department of Public Safety.                                                   
                                                                               
										Sincerely,                                                           
										/s/                                                                  
										Walter J. Hickel                                                     
										Governor"