Legislature(1997 - 1998)

1997-03-12 House Journal

Full Journal pdf

1997-03-12                     House Journal                      Page 0636
HB 186                                                                       
HOUSE BILL NO. 186 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
An Act relating to registration of sex offenders and central                  
registry of sex offenders; relating to access to, release of, and use          
of criminal justice information and systems; relating to notices               
concerning sex offender registrants; and providing for an effective            
date.                                                                          
                                                                               
was read the first time and referred to the Judiciary, State Affairs and       
Finance Committees.                                                            
                                                                               
The following fiscal notes apply:                                              
                                                                               
Fiscal notes (2), Dept. of Public Safety, 3/12/97                              
Indeterminate fiscal notes (2), Dept. of Administration, 3/12/97               
                                                                               
The Governor's transmittal letter, dated March 10, 1997, appears               
below:                                                                         
                                                                               
Dear Speaker Phillips:                                                         
                                                                               
Reducing the number of people, especially children, who are                    
victimized by violent and repeat sex offenders is an important part of         
my goal of ensuring safe, healthy communities for Alaskans.  This bill         

1997-03-12                     House Journal                      Page 0637
HB 186                                                                       
strengthens the sex offender registration statutes and broadens access         
to criminal records in an effort to better protect the public from these       
criminals.                                                                     
                                                                               
The bill is prompted, in part, to comply with the requirements of the          
federal Jacob Wetterling Crimes Against Children and Sexually Violent          
Offender Registration Act which requires registration of sex offenders         
whose victims were under 18 years old.  Compliance with the Act will           
maintain the states eligibility for $200,000 in grant funds.                   
                                                                               
The state already complies with much of the Wetterling Act by                  
requiring registration of most sex offenders who victimize children.           
For full compliance with the act, this bill adds to the list of offenses       
that require registration to include kidnaping when the victim is under        
18; sexual abuse of a minor in the fourth degree if the victim is 16 or        
17 years old; and promoting prostitution in the third degree, if the           
offender induces a person 16 or 17 years of age to engage in                   
prostitution.                                                                  
                                                                               
The bill also enlarges the category of sex offenders who must register         
for life.  Under present  law, only repeat sex offenders must register         
for life while other sex offenders register for 15 years.  This bill           
requires life registration for first-time offenders convicted of the most      
serious sex offenses, the unclassified felonies of sexual assault in the       
first degree and sexual abuse of a minor in the first degree.  The state       
must verify the addresses of life registrants every 90 days.                   
                                                                               
By requiring those most serious first-time offenders to register for life,     
the state is expecting to avoid the costly and time-consuming                  
procedure recommended by the Wetterling Act.  That is to require a             
sentencing court, with the advice of a statewide board of experts in the       
treatment and behavior of sex offenders, to determine whether each sex         
offender is a sexually violent predator.  The expense of establishing          
such a board of experts and the costs of open-ended litigation                 
concerning whether a sex offender continues to be a predator would be          
very high.   Registration for life and address verification is not only        
less expensive, but will better protect the public.                            
                                                                               
Separate from the Wetterling Act requirements, the bill also changes           
when the  time  begins  on the 15-year requirement for sex offender            

1997-03-12                     House Journal                      Page 0638
HB 186                                                                       
registration.  Currently the clock starts  at the time of unconditional        
discharge, which is an elusive date determined by a complex formula            
based on Department of Corrections information which is not available          
in the record system of the Department of Public Safety.  The bill             
would start the clock at the time the offender registers, which will           
actually create an incentive for the offender to register as quickly as        
possible.  It is a misdemeanor to fail to comply with the sex offender         
registration law; thus it is important the period of registration be           
absolutely clear.                                                              
                                                                               
Finally, the bill expands public access to information on all convictions      
by opening state criminal history records beyond the current 10-year           
limit.   Broader information to the public will enable people to better        
protect themselves and their families.                                         
                                                                               
This bill is one more step the state can take to keep our communities          
safe.  I urge your favorable action.                                           
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor                                                                
                                                                               
**The presence of Representative Hanley was noted.