03/26/1998 01:45 PM House FIN

HOUSE BILL NO. 252                                                             
                                                                               
"An Act relating to criminal records; relating to                              
notice about and registration of sex offenders and                             
child kidnappers; and amending Rules 11(c) and 32(c),                          
Alaska  Rules of Criminal Procedure."                                          
                                                                               
REPRESENTATIVE JOE RYAN advised that HB 252 was offered to                     
intensify sex offender and kidnapper registration statutes                     
and the registration process in order to better protect                        
citizens from convicted criminals.                                             
                                                                               
The intent of the legislation is to comply with recent                         
changes to the law including Department of Justice, Office                     
of the Attorney General, the Jacob Wetterling Act, so that                     
Alaska remains eligible to receive $200 thousand dollars                       
from the feds through the Byrne Formula Grant.                                 
                                                                               
Representative Ryan noted that the bill would allow for:                       
                                                                               
? A two-tier system put in place for offenders that                            
fail to register, fail to register properly or                                 
fail to re-register and who are guilty of a first                              
offense Class A misdemeanor.                                                   
? Persons responsible for hiring and employing                                 
people who will have access to current and                                     
criminal histories.                                                            
? An offender who registers while in the 30 days of                            
sentencing, thus, eliminating the opportunity to                               
fail to register and providing for a dramatic                                  
reduction in reporting times for re-registration                               
and change of address.                                                         
? The length of time a sex offender or a child                                 
kidnapper must register in order to meet                                       
requirements of the US Constitution 14071 as                                   
adjusted and requiring the Department of Public                                
Safety (DPS) to notify the Federal Bureau of                                   
Investigation (FBI) if a sex offender or child                                 
kidnapper does not register or cannot be found or                              
if such a person moves to another state, the FBI                               
and the other state would then be notified.                                    
                                                                               
Co-Chair Therriault asked if the legislation would bring                       
Alaska into compliance with federal regulations.                               
                                                                               
(Tape Change HFC 98- 79, Side 2).                                              
                                                                               
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF                      
LAW, replied that the Jacob Wetterling Act does require the                    
State to include sex offender registration, for a child                        
kidnapper or for a person who encourage or forces a 17 or                      
18 year old to engage in prostitution.  These people would                     
be required to register as a sex offender, although,                           
kidnapping would not include acts related to child custody.                    
                                                                               
Co-Chair Therriault asked the time requirement the State                       
was given to fall into compliance and what would be the                        
potential loss of funding if that was not met.  Ms.                            
Carpeneti remarked that the State receives $200 thousand                       
dollars a year under the Byrne Formula Grant, and that 10%                     
of that total would be lost if the State does not come into                    
compliance with the Wetterling Act.                                            
                                                                               
Ms. Carpeneti advised that Section 6 of the bill was                           
causing confusion.  That section defines the drafting                          
provisions of AS 12.63, relating to a criminal justice                         
information provision.  The section does not define the                        
provisions which require sex offender registration,                            
although, it does define where the State can release that                      
information.                                                                   
                                                                               
Representative J. Davies asked what solicitation or                            
conspiracy would warrant.  Mr. Carpeneti advised that to                       
prove an attempt, there would need to be proof that a                          
substantial step toward the offense had been taken and that                    
the person specifically intended to commit that offense.                       
Clarification of attempt is found in Title 11, Chapter 31.                     
Discussion followed between Representative J. Davies and                       
Ms. Carpeneti regarding the scope of crimes being                              
considered and the rate of recidivism of these crimes.                         
They also discussed the federal requirements of the                            
required registration times associated with such acts.                         
Alaskan law requires that there be a lifetime registration                     
for sex offenders.                                                             
                                                                               
Co-Chair Therriault voiced concern that the kidnapping                         
provision had the same stipulation for registration as a                       
sex offender.  He asked if that was essential to meet                          
federal requirements.  Ms. Carpeneti understood that under                     
federal law, those individuals must be registered,                             
although, they would not have to be registered for any                         
longer than the basic requirement of that law.                                 
                                                                               
Representative J. Davies inquired if under federal law,                        
would non-sexual motivated kidnapping registration be                          
required.  Ms. Carpeneti acknowledged that it would be and                     
that it would be penalized in the same manner as sexually                      
motivated, given up to 10 years.  The Jacob Wettterling Act                    
covers all offenses, which victimize children.  She advised                    
that the State had exceeded the compliance deadline.  Ms.                      
Carpeneti added, for the most part, the Administration is                      
in favor of the proposed legislation.                                          
                                                                               
Representative Ryan recounted that the legislation had been                    
drafted in working with the Administration and the                             
Minority.  He reiterated that passage is essential for the                     
State to qualify for the funding.                                              
                                                                               
HB 252 was HELD in Committee for further consideration.