Legislature(2019 - 2020)

2020-01-27 Senate Journal

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2020-01-27                     Senate Journal                      Page 1584
SB 168                                                                                                                        
SENATE BILL NO. 168 BY THE SENATE RULES COMMITTEE                                                                               
BY REQUEST OF THE GOVERNOR, entitled:                                                                                           
          "An Act relating to notice provided to victims                                                                        
          regarding petitions for removal from a registry that is                                                               
          published on the Internet; relating to the duration of                                                                

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          the duty to register as a sex offender or child                                                                       
          kidnapper; relating to petitions for removal from a                                                                   
          registry that is published on the Internet; relating to                                                               
          the definitions of 'tier I sex offense,' 'tier II sex                                                                 
          offense or child kidnapping,' and 'tier III sex offense                                                               
          or child kidnapping'; amending the definition of 'sex                                                                 
          offense'; relating to the jurisdiction of the Court of                                                                
          Appeals; establishing Rule 35.3, Alaska Rules of                                                                      
          Criminal Procedure; and providing for an effective                                                                    
was read the first time and referred to the State Affairs, Judiciary and                                                        
Finance Committees.                                                                                                             
The following fiscal information was published today:                                                                           
 Fiscal Note No. 1, Department of Public Safety                                                                                 
 Fiscal Note No. 2, zero, Department of Military and Veterans’                                                                  
 Fiscal Note No. 3, Department of Law                                                                                           
 Fiscal Note No. 4, indeterminate, Department of Corrections                                                                    
 Fiscal Note No. 5, Department of Administration                                                                                
 Fiscal Note No. 6, Department of Administration                                                                                
Governor's transmittal letter dated January 24:                                                                                 
Dear President Giessel:                                                                                                         
Under the authority of Article III, Section 18, of the Alaska                                                                   
Constitution, I am transmitting a bill redefining registration periods for                                                      
sex offenders and child kidnappers and allowing for a sex offender or                                                           
child kidnapper to have their information removed from an Internet                                                              
In June of 2019, the Alaska Supreme Court issued an opinion                                                                     
regarding the registration requirements imposed by Alaska’s Sex                                                                 
Offender Registration Act (ASORA). Doe v. Department of Public                                                                  
Safety, 2019 WL 2480282 (Alaska 2019). In essence, the court held                                                               
that ASORA is overbroad because it imposes lengthy registration                                                                 
requirements on all persons convicted of registerable sex offenses                                                              
without affording them a hearing in which they might show that they                                                             

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are no longer dangerous and, therefore, should not be required to                                                               
continue to register. The court stopped short of invalidating the entire                                                        
ASORA. However, individuals on the registry may now petition the                                                                
court for an opportunity to demonstrate that they are not dangerous                                                             
and should be removed. There are virtually no guidelines in case law                                                            
or statute to guide the court through this process. Therefore, the bill                                                         
establishes the framework for these hearings in statute.                                                                        
Under the bill, sex offenders and child kidnappers will be categorized                                                          
into three different tiers based on the type of offense they have been                                                          
convicted of. The tier will determine the length of the registration                                                            
period. Tier I offenders will need to register for 10 years, Tier II                                                            
offenders will need to register for 15 years, and Tier III offenders will                                                       
need to register for life. An offender who is no longer on probation or                                                         
parole may petition the court to have their information removed from                                                            
the Internet registry. Before an offender may petition the court, they                                                          
must have first registered with the Department of Public Safety for the                                                         
previous five years for a Tier I offender, 10 years for a Tier II                                                               
offender, and 15 years for a Tier III offender. In addition, the offender                                                       
must have completed all treatment programs required by the court or                                                             
the parole board and cannot have been convicted of an offense,                                                                  
attempt, solicitation, or conspiracy of any of the following offenses                                                           
since being convicted for the offense that has required the person to                                                           
(i) a crime against a person under AS 11.41;                                                                                    
(ii) a violation by sex offender of condition of probation under                                                                
AS 11.56.759;                                                                                                                   
(iii) sending an explicit image of a minor under AS 11.61.116;                                                                  
(iv) cruelty to animals under AS 11.61.140;                                                                                     
(v) misconduct involving weapons under AS 11.61.190 – 11.61.250;                                                                
(vi) a sex offense or child kidnapping as defined in AS 12.63.100; or                                                           
(vii) a crime of domestic violence under AS 18.66.990.                                                                          
In order to issue an order requiring the Department of Public Safety to                                                         
remove the offender’s information from the Internet registry, the court                                                         
must find by clear and convincing evidence that (1) the registration                                                            
and compliance requirements outlined in statute have been satisfied;                                                            
(2) the sex offender or child kidnapper is unlikely to commit another                                                           
sex offense or child kidnapping; and (3) continued registration on  a                                                           

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registry, that is published on the Internet, is not necessary for the                                                           
protection of the public. The bill only allows an offender to be                                                                
removed from an Internet registry. The offender must continue to                                                                
register with the Department of Public Safety, which means law                                                                  
enforcement will continue to have the registration information in order                                                         
to protect the public.                                                                                                          
Without this legislation, the parameters for removal will be established                                                        
slowly by the courts through an enormous amount of litigation. By                                                               
establishing parameters in statute and only allowing the offender’s                                                             
information to be removed from an Internet registry, this bill can                                                              
effectuate the holding in Doe in a way that continues to protect the                                                            
I urge your prompt and favorable action on this measure.                                                                        
Mike Dunleavy