Legislature(2003 - 2004)
04/10/2003 03:35 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 85-REPEAT SERIOUS SEX OFFENSES
CHAIR GARY STEVENS asked Senator French to introduce the
bill.
SENATOR HOLLIS FRENCH, bill sponsor, paraphrased from the
sponsor statement:
CS SB 85 has two purposes: first, to increase the
penalties for repeat sex offenders and, second,
to add repeat sexual offenders to the list of
those who are not eligible to earn a "good time"
reduction of their terms.
SB 85 is designed to treat repeat sex offenders
differently from other repeat felons. Research
has shown that sexual offenders are not like
other offenders. As noted in a National Institute
of Justice (NIJ) research report on managing
adult sex offenders, sex crimes flourish in
secrecy. Many offenders are otherwise highly
functioning and use their social skills to commit
their crimes and to manipulate both victims and
criminal justice officials. Offenders are often
very accomplished at presenting a façade designed
to hide the truth about themselves. Many sex
offenders commit a wide range and large number of
sexually deviant acts during their lives and show
a continued propensity to offend. The NIJ study
concludes that adult offenders who commit sex
crimes should be managed, treated, and supervised
differently from other criminals.
Current statutory guidelines in Alaska, however,
treat all two-time felons as though they were the
same, that is, all prior felony convictions are
given equal weight when an individual is
sentenced on a new offense. For example, a judge
sentencing a person convicted of a second forgery
or a second sexual offense has to operate under
the same sentencing guidelines. SB 85 establishes
a separate, and more stringent, set of sentencing
guidelines for those who commit second or
subsequent sexual offenses or commit a sexual
felony after a prior felony conviction.
The other proposed change in the law in CSSB 85
is to add repeat sexual offenders to the list of
those who are not eligible to earn "good time" or
a reduction in their prison terms for good
behavior. Under current law, most prisoners,
including sexual offenders, can earn a one-third
reduction of their sentences for good behavior.
CS SB 85 would require repeat sexual offenders to
serve the full length of their sentences; they
would not be eligible for parole.
By increasing sentences for repeat sexual
offenses and actual time served for these
offenses. SB 85 will help to protect Alaska's
women and children from some of the most heinous
crimes against them, sexual felonies.
He asked members to review attachment A that outlines
current and proposed sentencing guidelines for repeat sex
offenders.
CHAIR GARY STEVENS asked for a motion to adopt the
committee substitute (CS) as the working document.
SENATOR JOHN COWDERY made a motion to adopt CSSB 85 \S
version as the working document. There was no objection.
SENATOR COWDERY asked how this might impact the prison
system budget.
SENATOR FRENCH replied the Department of Law assigned a
zero fiscal note to the bill. The department does not
expect a large increase in costs as a result of this bill
because these offenders return to prison on a very regular
basis anyway. Sex offenders are known to be repeat
offenders.
SENATOR COWDERY asked if there was a typical age for sex
offenders. He said he knew Senator French had a background
in this area.
SENATOR FRENCH replied he spent one year prosecuting
nothing but sex crimes and there is no typical age for a
sex offender; they run the gamut from young to old.
CHAIR GARY STEVENS asked if the department had any
comments.
PORTIA PARKER from the Department of Corrections reported
they worked with the Department of Law to prepare the
fiscal note. They researched recidivism for sex offenders
in the correction system and of the current population of
727 sex offenders 80 percent have been through the system
at least once before. Of that 80 percent, 52 percent have
been incarcerated with the Department of Corrections ten
and more times. This accounts for a huge cost to the entire
criminal justice system in terms of trooper, police,
prosecutor and court system time. Leaving these violators
in prison could in fact result in a cost savings to the
entire system.
SENATOR COWDERY asked if repeat offenders go through the
system in the same way as a first time offender.
SENATOR FRENCH explained any new offense requires a new
trial for a finding of guilt.
SENATOR FRED DYSON made a motion to move CSSB 85 (STA) from
committee.
CHAIR GARY STEVENS asked if anyone that signed up to
testify via teleconference had objection with the bill.
LINDA WILSON, Deputy Director of the Alaska Public Defender
Agency testified in opposition to SB 85. She commended the
sponsor for wanting to address the problem but thought the
bill was "too much of a response." The increase in
presumptive sentences and maximum sentences and the denial
of good time is beyond what is necessary and would treat
sex offenders differently than other offenders.
CHAIR GARY STEVENS advised the bill would move to the
Judiciary Committee next and she would have an opportunity
to speak there.
SENATOR GUESS commented Ms. Wilson's concerns were good
issues for the Judiciary Committee to address. She then
made a motion to move SB 85 from committee with individual
recommendations and attached fiscal note. There being no
objection, it was so ordered.
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