Legislature(2007 - 2008)BUTROVICH 205
03/15/2007 03:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB64 | |
| SB89 | |
| SB7 | |
| SB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 7 | TELECONFERENCED | |
| += | SB 36 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | SB 64 | ||
| = | SB 89 | ||
SB 7-FELONS' RIGHT TO VOTE
3:49:25 PM
CHAIR FRENCH announced the consideration of SB 7 and solicited a
motion to adopt Version \L committee substitute (CS).
SENATOR HUGGINS motioned to adopt Version \L CS for SB 7,
labeled, 25-LS0100\L as the working document.
CHAIR FRENCH explained that the CS distinguishes among felons
according to the category of crime for which they were
incarcerated. The categories are broken out on page 1, lines 8-
13. The idea is to continue under the existing system, which is
to not restore the rights of released felons if they have been
convicted of an unclassified felony or a class A felony. Also,
voting rights would not be restored to repeat felons who are
released from prison.
In summary the policy call is that someone is able to vote upon
release from incarceration after having served time for a lower
level felony. Someone who has been convicted of rape, robbery,
or murder would have to complete the requirements for
unconditional discharge before regaining the right to vote. The
other sections are conforming amendments to make the changes
work for the Division of Elections. Under the current draft
there would be two classes of felons: one group that is
restricted and another that is able to vote upon release.
CHAIR FRENCH drew attention to page 2, line 15 and said the
director of the Division of Elections has asked the committee to
consider amending subsection (a) so that the onus for obtaining
the names of persons convicted of a felony is placed on the
Department of Corrections (DOC) rather than on the director of
elections. The argument is that DOC officials already have
access to that information.
CHAIR FRENCH motioned to adopt Amendment 1. On page 2, line 15,
delete "The director shall make reasonable efforts to obtain"
and insert "The commissioner of corrections shall notify the
director of".
3:53:39 PM
SENATOR WIELECHOWSKI objected to ask if the intention is to say
that "the commissioner of corrections shall notify the director
and the director shall make reasonable efforts to obtain the
names".
CHAIR FRENCH said the Division of Elections suggested the
language.
3:54:08 PM
CINDY SMITH, Aide to Senator French, explained that both aren't
needed; the Department of Corrections already electronically
transmits names and other identifiers to the Division of
Elections. The change is consistent with subsection (d) above.
DWAYNE PEEPLES, Deputy Commissioner, Department of Corrections
stated that the department has the ability to provide the
Division of Elections with names and identifiers of persons who
were convicted and released. DOC provides similar information to
the Permanent Fund Dividend Corporation for the purpose of
seizing dividend checks from felons.
SENATOR WIELECHOWSKI referenced page 2, line 17, and asked if
everything else in subsection (a) remains the same.
MS. SMITH replied nothing else is changed.
SENATOR WIELECHOWSKI asked to see the provision incorporated in
the bill before making a final determination.
CHAIR FRENCH found that to be fair and asked if he maintained
his objection.
SENATOR WIELECHOWSKI removed his objection.
CHAIR FRENCH announced that Amendment 1 is adopted.
3:56:31 PM
MICHAEL MACLEOD-BALL, Executive Director, ACLU of Alaska,
identified himself.
CHAIR FRENCH asked if he foresees any constitutional problems
associated with stratifying and changing the rights of felons
according to the seriousness of the offense for which they were
convicted.
MR. MACLEOD-BALL said he did not. There isn't a lot of guiding
case law, but generally the legislature and the courts have some
authority to define terminology that is used in interpreting
constitutional provisions. The intent in SB 7 is essentially no
different than what is already in statute. To the extent that
the current statute is constitutionally permissible, this should
be as well.
CHAIR FRENCH asked if he has any other observations about the
bill.
MR. MACLEOD-BALL articulated the view that the original version
of the bill was preferable from a policy perspective because it
would have allowed more felons onto the voting rolls.
Nonetheless, this is a step in the right direction, he stated.
SENATOR HUGGINS asked where Alaska would stand in terms of
voting rights relative to other states.
MR. MACLEOD-BALL summarized the statistical information that was
given during the previous hearing and said this would place
Alaska in the middle.
SENATOR HUGGINS asked if Alaska is currently in a group with 21
other states.
MR. MACLEOD-BALL said, "I believe that large number in the
middle brings felons back onto the voting rolls at some time and
there are a variety of distinctions in the states as to when
they're brought back on the rolls or for what crimes they lose
the voting rights in the first place. And so I viewed the change
that's being proposed here as being just a variation within that
group."
4:00:55 PM
CHAIR FRENCH announced he would hold SB 7 to prepare the amended
language and for consideration by the full committee.
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