Legislature(1997 - 1998)
1997-03-12 Senate Journal
Full Journal pdf1997-03-12 Senate Journal Page 0691 SB 132 SENATE BILL NO. 132 BY THE SENATE 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 Health, Education and Social Services, Judiciary and Finance Committees. Fiscal notes published today from Department of Public Safety (2). Indeterminate fiscal notes published today from Department of Administration (2). Governors transmittal letter dated March 10: Dear President Miller: 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 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. 1997-03-12 Senate Journal Page 0692 SB 132 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 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, 1997-03-12 Senate Journal Page 0693 SB 132 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