02/27/2012 01:00 PM House JUDICIARY

           HB 278 - SEX OFFENDER PROBATION CONDITIONS                                                                       
                                                                                                                                
1:21:40 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced that  the final order  of business                                                               
would be HOUSE  BILL NO. 278, "An Act allowing  as a condition of                                                               
probation for  a defendant  convicted of  certain sex  offenses a                                                               
prohibition  against  the  defendant's residing  at  a  residence                                                               
where  outdoor   recreational  equipment  suitable  for   use  by                                                               
children under 16 years of age is located on the property."                                                                     
                                                                                                                                
1:22:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  moved to  adopt the  proposed committee                                                               
substitute  (CS)  for  HB   278,  Version  27-LS1197\M,  Gardner,                                                               
2/23/12, as the working document.                                                                                               
                                                                                                                                
REPRESENTATIVE PRUITT objected for the purpose of discussion.                                                                   
                                                                                                                                
1:22:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PETE PETERSEN,  Alaska State Legislature, sponsor,                                                               
explained that  by altering the statute  pertaining to conditions                                                               
of probation  - AS  12.55.100 -  HB 278  would provide  the court                                                               
with  the  discretionary  authority  to  set,  as  an  additional                                                               
condition  of  probation  for  those  convicted  of  certain  sex                                                               
offenses,  a  prohibition   pertaining  to  outdoor  recreational                                                               
equipment suitable  for use  by children under  16 years  of age.                                                               
This  bill  was  engendered  by a  situation  [that  occurred  in                                                               
Anchorage] in  which a man  sexually abused three  children after                                                               
luring them  onto his property  with such equipment.   The intent                                                               
of  HB  278  is  to   prevent  such  situations  from  occurring.                                                               
According to  some national  statistics from  the Center  for Sex                                                               
Offender  Management (CSOM)  - [some  of which  are] included  in                                                               
members' packets -  one in four girls and one  in seven boys have                                                               
been sexually  assaulted; 67  percent of  all people  who've been                                                               
sexually assaulted are  children 17 years of age  and younger; 86                                                               
percent of  all children who  are sexually assaulted  are female;                                                               
previously-convicted  perpetrators   are  much  more   likely  to                                                               
reoffend; and child molesters -  over a four- to five-year period                                                               
- have a recidivism  rate of 12.7 percent.  Sex  offenders - as a                                                               
group -  are very heterogeneous,  and so it's important  to treat                                                               
each  case uniquely  and  individually,  he remarked,  indicating                                                               
that  HB 278  would  provide  for just  that  type of  treatment,                                                               
giving  Alaska courts  another tool  with which  to tailor  a sex                                                               
offender's  probation.   Again,  the  bill  would only  apply  in                                                               
situations  involving  certain  sex offenses,  and  the  proposed                                                               
additional condition of probation  would be discretionary, rather                                                               
than mandatory.   House  Bill 278, he  relayed in  conclusion, is                                                               
supported  by  Victims  for  Justice   (VFJ),  the  Alaska  Peace                                                               
Officers  Association  (APOA),  and  the  Alaska  Association  of                                                               
Chiefs of Police, Inc. (AACOP).                                                                                                 
                                                                                                                                
VICE CHAIR THOMPSON  said he supports the concept of  HB 278, but                                                               
remarked that the bill itself seems pretty broad.                                                                               
                                                                                                                                
1:26:30 PM                                                                                                                    
                                                                                                                                
MONICA  SOUTHWORTH, Staff,  Representative Pete  Petersen, Alaska                                                               
State  Legislature,  on  behalf of  the  sponsor,  Representative                                                               
Petersen,  in response  to questions,  offered her  understanding                                                               
that no  other state has  a condition  of probation like  the one                                                               
HB 278  is  proposing, but  pointed  out  that some  of  Alaska's                                                               
existing  conditions of  probation  already  address the  private                                                               
property of  certain convicted sex offenders;  for example, there                                                               
are conditions  pertaining to [residing  on property  near school                                                               
grounds,]  to possessing  or using  a computer,  and to  using or                                                               
creating an Internet site.                                                                                                      
                                                                                                                                
VICE  CHAIR   THOMPSON  questioned   whether  snow   machines  or                                                               
basketballs  would qualify  as  "outdoor recreational  equipment"                                                               
for purposes of the bill.                                                                                                       
                                                                                                                                
MS. SOUTHWORTH said, "I suppose."                                                                                               
                                                                                                                                
VICE CHAIR  THOMPSON again remarked  on the seeming  broadness of                                                               
the bill.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  PRUITT  expressed  concern  that  such  broadness                                                               
could potentially violate the  constitutional rights of convicted                                                               
sex offenders.                                                                                                                  
                                                                                                                                
REPRESENTATIVE PETERSEN offered his  belief that by applying only                                                               
to the  behavior of installing outdoor  recreational equipment on                                                               
one's  property  or at  one's  residence  -  rather than  to  the                                                               
behavior  of residing  at  a residence  where  such equipment  is                                                               
located - Version M would address such concerns.                                                                                
                                                                                                                                
REPRESENTATIVE  LYNN  characterized the  intent  of  the bill  as                                                               
good, but questioned whether the  court already has the authority                                                               
to provide for such a condition of probation.                                                                                   
                                                                                                                                
REPRESENTATIVE PETERSEN  offered his  belief that the  court does                                                               
have  that authority  now.   However,  specifying  it in  statute                                                               
would ensure that  the court itself knows it  has that authority,                                                               
particularly in light of  the aforementioned Anchorage situation.                                                               
In response to  other questions, he ventured that  if a convicted                                                               
sex offender  already had such  equipment on his/her  property or                                                               
at his/her  residence, then, depending  on the specific  facts of                                                               
the  case, the  court could  order  the person  to dismantle  the                                                               
equipment, or  to relocate, or  to ask the actual  property owner                                                               
to dismantle the equipment, as a condition of probation.                                                                        
                                                                                                                                
VICE CHAIR  THOMPSON questioned whether  such would  constitute a                                                               
taking by the state.                                                                                                            
                                                                                                                                
REPRESENTATIVE  PETERSEN said  he didn't  know.   In response  to                                                               
other   questions,  he   indicated  that   the  bill's   proposed                                                               
prohibition would only apply while  the convicted sex offender is                                                               
on  probation;  and reiterated  that  depending  on the  specific                                                               
facts of the  case, a convicted sex offender could  be ordered to                                                               
relocate or  to [work with]  the actual property  owner regarding                                                               
installing/dismantling such equipment.                                                                                          
                                                                                                                                
1:35:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG expressed a  preference for the original                                                               
version of  the bill, and  suggested, therefore, that  his motion                                                               
to adopt Version M as the work draft be tabled.                                                                                 
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
REPRESENTATIVE  PRUITT removed  his  objection to  the motion  to                                                               
adopt Version M as the work draft.                                                                                              
                                                                                                                                
REPRESENTATIVE GRUENBERG  made a  motion to  table his  motion to                                                               
adopt proposed committee substitute (CS)  for HB 278, Version 27-                                                               
LS1197\M, Gardner,  2/23/12, as the  work draft.  There  being no                                                               
objection, it was so ordered.                                                                                                   
                                                                                                                                
1:39:21 PM                                                                                                                    
                                                                                                                                
JEFFREY A. MITTMAN, Executive  Director, American Civil Liberties                                                               
Union  of Alaska  (ACLU of  Alaska), after  mentioning that  he'd                                                               
provided  written  testimony  detailing   the  ACLU  of  Alaska's                                                               
concerns  with  HB   278,  pointed  out  that   a  convicted  sex                                                               
offender's inability  to find housing  once released  from prison                                                               
can lead to  him/her reoffending.  He  suggested, therefore, that                                                               
HB 278 be  changed such that the proposed  condition of probation                                                               
would instead  be a prohibition  on "creating" an  attraction for                                                               
children,  rather  than a  prohibition  on  either "residing"  or                                                               
"installing".                                                                                                                   
                                                                                                                                
1:41:11 PM                                                                                                                    
                                                                                                                                
CARMEN   GUTIERREZ,   Deputy    Commissioner,   Office   of   the                                                               
Commissioner  -  Anchorage,  Department of  Corrections  (DOC)  -                                                               
after  briefly  describing how  the  DOC  currently treats  those                                                               
convicted  of  sex  offenses  against   children  under  its  sex                                                               
offender  containment   model,  and  providing   some  statistics                                                               
regarding  the  resulting  recidivism   rates  -  explained  that                                                               
research  indicates  that  HB  278  would  not  provide  Alaska's                                                               
probation officers  with a useful tool.   She, too, noted  that a                                                               
convicted sex  offender's inability  to find housing  once he/she                                                               
is  released from  prison can  lead to  him/her reoffending,  and                                                               
that the court  already has the authority to  provide for special                                                               
conditions  of probation  such as  the one  proposed by  the bill                                                               
regarding  outdoor  recreational  equipment.     She  added  that                                                               
probation  officers, if  they find  anything  inappropriate at  a                                                               
probationer's  home,  already  have   the  authority  to  require                                                               
him/her to change his/her living situation.                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  questioned  the  constitutionality  of                                                               
existing AS 12.55.100(e)(2)(A)-(C).                                                                                             
                                                                                                                                
MR.  MITTMAN and  MS.  GUTIERREZ agreed  to  research that  issue                                                               
further.                                                                                                                        
                                                                                                                                
MS. GUTIERREZ,  in response to another  question, reiterated that                                                               
a convicted sex offender's inability  to find housing once he/she                                                               
is released from prison can lead to him/her reoffending.                                                                        
                                                                                                                                
1:54:08 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the  Administrative Director,  Alaska  Court  System (ACS),  said                                                               
that the  ACS has no  position on HB 278.   She, too,  noted that                                                               
the  court  already has  the  authority  to provide  for  special                                                               
conditions of probation  when they are reasonably  related to the                                                               
initial   offense,  adding   that   it's  the   DOC  that   makes                                                               
recommendations regarding what conditions ought to be imposed.                                                                  
                                                                                                                                
1:55:21 PM                                                                                                                    
                                                                                                                                
SUSAN SULLIVAN,  Executive Director,  Victims for  Justice (VFJ),                                                               
said that the board of directors  of the VFJ shares the sponsor's                                                               
concern  for victims  and potential  victims  of pedophiles,  and                                                               
believes  HB   278's  proposed  condition  of   probation  to  be                                                               
reasonable, not burdensome,  particularly given its discretionary                                                               
nature.                                                                                                                         
                                                                                                                                
1:56:52 PM                                                                                                                    
                                                                                                                                
TRACEY  WOLLENBERG, Deputy  Public Defender,  Appellate Division,                                                               
Central  Office,  Public  Defender Agency  (PDA),  Department  of                                                               
Administration  (DOA), expressed  concern  that  the language  of                                                               
HB 278's proposed  discretionary condition of probation  is over-                                                               
broad and  vague, and thus  could leave a convicted  sex offender                                                               
out on probation  without any housing options.   For example, the                                                               
term, "outdoor  recreation equipment" is  not yet defined  in the                                                               
bill,  and so  could refer  to a  broad range  of items  commonly                                                               
found in people's homes, and  the word, "property" could refer to                                                               
an apartment  building, over  which a tenant  who is  a convicted                                                               
sex offender would have no  control.  Convicted sex offenders out                                                               
on probation  are already severely  limited with regard  to where                                                               
they can live,  and HB 278 would only  increase those limitations                                                               
and  perhaps create  more  problems  than it  would  solve.   The                                                               
perceived problem, she posited,  can already be addressed without                                                               
the  bill,  because  the  court   has  the  authority  to  impose                                                               
conditions  of  probation  that are  reasonably  related  to  the                                                               
initial offense.   In  conclusion, she,  too, agreed  to research                                                               
the constitutionality of existing AS 12.55.100(e)(2)(A)-(C).                                                                    
                                                                                                                                
REPRESENTATIVE PETERSEN, in response  to comments, indicated that                                                               
he would continue to work on addressing the concerns raised.                                                                    
                                                                                                                                
VICE CHAIR THOMPSON relayed that HB  278 would be held over [with                                                               
the  motion to  adopt Version  M as  the work  draft having  been                                                               
tabled].