Legislature(1999 - 2000)
03/01/2000 01:44 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
Number 919
HB 67-BAIL HEARING FOR SEX OFFENDERS
MS. JANET SEITZ, staff of Representative Rokeberg, explained that
HB 67 adds conditions regarding the release of perpetrators of
sexual abuse and sexual assault cases. HB 67 is similar to current
law regarding stalking and domestic violence. This legislation
requires a judge to consider the safety of an alleged victim and
the public. It also requires that if the accused is on prescribed
medication they must take that medication. HB 67 also keeps the
perpetrator from residing in a place where he will be in contact
with the alleged victim. And finally, the bill requires a judge to
check with the victim or victim's representative to see if they
want to testify or make any comments during the hearing.
MS. SEITZ said HB 67 results from a case where the daughter of a
constituent was victimized by a neighbor. At the arraignment the
alleged perpetrator changed his plea to no contest and the bail
hearing was held within 24 hours. Because of this, the victim's
mother was not notified and therefore could not testify, resulting
in the judge allowing bail on a very loose condition. The attorney
general asked for 24 hour supervision of the perpetrator and was
denied. The alleged perpetrator's apartment was in the same
complex as the mother and child--he was staying with a friend but
his possessions were in the apartment. The mother has asked
Representative Rokeberg to do something to protect victim's rights.
CHAIRMAN TAYLOR asked if Representative Rokeberg and his staff
worked with the Department of Law (DOL) on this bill.
MS. SITES responded they worked with Anne Carpeneti, DOL, and Doug
Wooliver of the Alaska Court System on the language.
SENATOR ELLIS commented that on page 2 line 2, the language reads:
"that the person reside in a place where the person is not likely
to come into contact with the alleged victim of the offense." He
asked if this means a different community or a different apartment
complex.
MS. SITES answered that in the case she sited, the judge set a
three mile limit on the perpetrator--so he would not be in the same
apartment complex. This was a stipulation for this individual
case.
SENATOR ELLIS asked if this is a usual order for this type of case.
MS. SITES responded she did not know.
SENATOR ELLIS noted that line 4 on page 2 says, "if the person is
on medication that the person take the medication as prescribed."
He asked if this is medication prescribed by the doctor and ordered
by the judge.
MS. SITES responded this language is in other laws being used now.
SENATOR ELLIS asked if this is medication to reduce a persons sex
drive.
MS. SITES responded if that is the type of drug prescribed at the
time.
SENATOR ELLIS asked what is the interest of this legislation with
someone taking their heart medication, is the bill talking about
the type of medication that effects a persons behavior.
MS. SITES answered it could be a range of medications. This
legislation is concerned with someone taking prescribed
antidepressants or other types of medication that will help them
control their behavior.
Number 1255
SENATOR HALFORD said he is concerned for people who come from
villages and may have a three mile limitation put on them--not
allowing them to go back to their community where they have
support.
MS. SITES responded it is not the sponsor's intention to keep
people from their support base, but the victim needs protection.
If the judge decides on a two or three block limit that may be
acceptable. The language of the bill says "may" impose--the three
mile limit was case specific.
SENATOR HALFORD wants the record to reflect that if a perpetrator
is from a small community, that setting a three mile limit should
only be for the most egregious case of significant danger to the
victim. A person should not be restricted from going back to their
support system.
MS. SITES stated this is the intent of Representative Rokeberg,
this bill is to make the court consider this.
SENATOR HALFORD stated he does not have a problem with the court
considering this. The priority is for protection of the victim,
but he is concerned for someone who has not been convicted and
cannot go back to their home town.
Number 1376
CHAIRMAN TAYLOR commented that HB 37 may be telling people it will
do more than what it actually does. A prosecuting attorney only
has to try calling the victim to notify them of new status, they do
not actually have to reach the victim to satisfy the requirement of
this bill.
MS. SITES responded that Representative Rokeberg is very concerned
that the victims be notified. This bill puts the prosecutor on
record, that yes he did try to reach the victim. The judge will
also ask the people in the courtroom if the victim or victim's
representative want to make a comment regarding the bail hearing.
CHAIRMAN TAYLOR and SENATOR HALFORD commented that a senate bill on
victims rights has been sitting in the House Finance Committee
since last year.
Number 1628
MS. PAT FOX, from Fairbanks, stated she had been raped seven years
ago. It happened in a village where there was no law enforcement
whatsoever. She had to move into town to get away from the
situation. There were witnesses that testified at the bail hearing
and were going to testify at the court hearing.
The perpetrator was released on $300.00 bail and went back to the
village and harassed the witnesses--there was no protection for
them. He came into town a lot, which was against his bail
condition of release, and it was not good enough for her to report
seeing him, someone else had to report seeing him. He was
eventually convicted and has just now been taken into custody.
This was a first degree rape, he was allowed out on bail during the
appeal, and harassed her for seven years. She was told that while
he was out on bail, his bail conditions would not be enforced
unless someone, other than herself, reported he had broken the law.
MS. FOX stated the system is bad the way it is set up, and she is
worried that this bill is too vague--it does not provide anything
substantial. Right now, the only protection a rape victim has is
to hide in a shelter--she could not afford to hide for seven years.
MS. FOX thinks the State of Alaska does not take sexual assault
seriously. If a perpetrator is allowed out on bail while he is
appealing or pending a trail, releasing him to a place where there
is no protection for the victim or witness should not be allowed.
MS. FOX stated she was almost relieved when she heard about this
bill but "there is nothing really solid about it."
Number 1800
SENATOR HALFORD commented that there should be a prohibition on
release after conviction pending appeal for a certain class of
crime. The title of this bill reads, "An Act relating to release
of certain persons alleged to have committed certain sexual
offenses," this deals with the entire process--"if the bill stood
under the title it would have some teeth."
CHAIRMAN TAYLOR commented that in England and Australia people do
not get out on appeal after a conviction. A person serves time
during the appeal process and if they win they are then released--
they get no credit for time served. There is never a specious
appeal except from lifers.
SENATOR HALFORD stated the language,"before ordering release before
or after trial, or pending appeal, of a person charged with or
convicted of a crime," is different from the language in the title.
The title is more restrictive than the language in the bill.
CHAIRMAN TAYLOR noted that the bill will be held in committee for
further research and more analysis.
SENATOR HALFORD stated that when dealing with a violent act against
a person, and there is a potential danger to that person, release
of a perpetrator should be restricted after the conviction.
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