Legislature(2001 - 2002)
03/14/2001 09:12 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 99
"An Act relating to the DNA identification registration
system."
This was the first hearing for this bill in the Senate Finance
Committee.
SENATOR RICK HALFORD testified that this legislation expands the
DNA database to include DNA samples of burglars. He noted other
states have done this and have found a significant increase in
cross-referencing matches and the value of the database in further
convictions.
Senator Halford qualified he is reluctant to support the further
computer classification of people. However, once a person becomes
part of the criminal justice system, he surmised that person has
given away a great deal of their privacy rights. He pointed out
there is a correlation between burglary and "the next level of
crimes."
Senator Halford reiterated the intent of this legislation is to
update, upgrade and increase the number of convictions using the
DNA system.
Co-Chair Kelly added he learned from the writings of John Douglas,
the original Federal Bureau of Investigations (FBI) profiler who
also started the Bureau's Special Crimes Unit, that almost every
serial murderer has burglary in their background. Co-Chair Kelly
stated there is something about the crime of burglary that is a
gateway to more heinous crimes.
Senator Austerman noted the current 12-month backlog of work for
the state crime laboratory and asked why there was no fiscal note
cost associated with this legislation considering the extra work it
would create.
Senator Halford suggested the Committee ask the Department of
Public Safety for an estimate of the cost to implement this
legislation.
Co-Chair Kelly agreed.
ROBERT BUTTCANE, Legislative and Administrative Liaison, Division
of Juvenile Justice, Department of Health and Social Services,
testified via teleconference from Anchorage in support of the bill.
He stated that the division perceives burglary as a "gateway
crime". He noted the division has processes in place to collect DNA
samples and transmit them to the state laboratory.
GEORGE TAFT, Director, Scientific Crime Detection Laboratory,
testified via teleconference from Anchorage to inform that the
department would receive federal funding to cover the cost
increase.
JENNIFER RUDINGER, Executive Director, Alaska Civil Liberties
Union, testified via teleconference from Anchorage in opposition to
the bill. She referenced written testimony she had submitted. [Copy
on file.] She stressed that the Alaska Civil Liberties Union (ACLU)
does not oppose technology, but noted that fingerprinting only
gives identification information, while DNA gives the government
much more information. She pointed out the high value Alaskans
place on privacy, noting there is a privacy clause in the state
constitution. She assured that the ACLU position is not that DNA
sampling should never be used, but only that it is used when
justified, which she stated does not include identifying those who
may become more serious offenders in the future. She noted the
difference between crimes against property and those against
persons. She cited a newspaper article that claims the recidivism
rate for burglars is only 15 percent. She stated this does not
demonstrate an adequate need to justify the means. She spoke to a
house bill that goes even further and provides the collection of
DNA samples for relatives of missing persons. She did not doubt
that Senator Halford and Representative Murkowski have good
intentions but that the ACLU is concerned with setting a precedent
of retaining personal data that would provide more and more
information as technology continues to advance.
JOAN HAMILTON, testified via teleconference from Bethel, that this
legislation reminds her of the sentiments of the 1950s and 1960s
when the Natives were considered genetically and intellectually
inferior. She spoke of the high percentage of Natives in the Alaska
prison system. She suggested further investigation of the
correlation between burglary and other, more violent crimes. She
asserted she is opposed to this bill and suggested that although
burglary may be considered a gateway crime in the Lower 48, it is
not necessarily so in Alaska.
DEL SMITH, Deputy Commissioner, Department of Public Safety
responded to Senator Austerman's question regarding the cost of the
services. He explained an increment in the proposed FY 02 operating
budget addresses evidence collected at crime scenes and processed
to compare against the DNA database. He shared the department was
successful in receiving federal funding for the next several years
to address a backlog of DNA processing. He noted the department has
contracted with a private laboratory to perform this work, which he
said is a better use of funds then outsourcing crime scene data
collection.
Senator Ward asked what happens to the stored DNA information of
offenders after they have paid their debt to society.
Mr. Smith noted statutes adopted in 1996 allows collection and
retention of a DNA sample for convicted offenders except when the
conviction is reversed, in which case, the DNA information is
removed from the database. Therefore, he said the DNA information
would be retained in most cases.
Senator Ward asked if this is due to a federal requirement.
Mr. Smith responded that there is no federal requirement although
Alaska does participate in a national database. He stressed the
federal funding referenced above is intended only for the purpose
of reducing the backlog. He again referred to the 1996 state law
allowing retention of DNA information indefinitely.
Senator Leman moved to adopt the Department of Administration,
Legal and Advocacy indeterminate fiscal note dated March 9, 2001.
There was no objection and the fiscal note was ADOPTED.
Senator Leman offered a motion to move from Committee SB 99, 22-
LS0490\C, with accompanying zero fiscal note from the Department of
Public Safety, and aforementioned fiscal note from the Department
of Administration.
Without objection, the bill MOVED from Committee.
AT EASE 10:23 AM / 10:24 AM
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