2012-09-25                     Senate Journal                      Page 2489
SB 151                                                                                                                        
Message dated June 1 was received stating:                                                                                      
                                                                                                                                
Dear President Stevens:                                                                                                         
                                                                                                                                
Under the authority of Article II, Section 17, of the Alaska                                                                    
Constitution, I have let the following bill become law without                                                                  
signature:                                                                                                                      
                                                                                                                                
         CS FOR SENATE BILL NO. 151(JUD) "An Act                                                                                
         relating to mitigation at sentencing in a criminal case                                                                
         for a defendant found by the court to have been                                                                        
         affected by a fetal alcohol spectrum disorder."                                                                        
                                                                                                                                
                          Chapter No. 54, SLA 2012                                                                             
                         [Effective Date: 9/19/12]                                                                             
                                                                                                                                
This bill provides clarity and consistency in sentencing for those                                                              
experiencing fetal alcohol spectrum disorder (FASD). Existing Alaska                                                            
law provides for a mitigating factor in sentencing a defendant who                                                              
suffers from a "mental disease or defect" if other circumstances are                                                            
present. Some courts have found that fetal alcohol spectrum disorder                                                            
falls within the term "mental disease or defect," but other courts have                                                         
found to the contrary, thereby creating disparity. This legislation                                                             
clarifies that ambiguity and inconsistent application of the law.                                                               
                                                                                                                                
                                                                                                                                

2012-09-25                     Senate Journal                      Page 2490
On the other hand, I remain concerned about diminishing Alaskans'                                                               
interest in deterring crime. Shorter sentences may not deter further                                                            
offenses without additional treatment. Additionally, I am concerned                                                             
about creating a special mitigating factor for one particular illness or                                                        
disorder, when more medical conditions will knock on legislators'                                                               
doors seeking to be written into law as mitigators, an outcome I would                                                          
seriously question.                                                                                                             
                                                                                                                                
However, because the legislation creates more consistent application                                                            
of the law to all defendants; because the proposed mitigating factor                                                            
would not apply to convictions for a crime against another person or of                                                         
arson in the first degree; and because of the heavy burden on the                                                               
defendant to use FASD as a mitigator on these lesser offenses, I have                                                           
allowed CSSB 151(JUD) to become law without my signature.                                                                       
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor