Legislature(2025 - 2026)BUTROVICH 205
05/07/2025 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB19 | |
| HB35 | |
| SB167 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 19 | TELECONFERENCED | |
| *+ | HB 35 | TELECONFERENCED | |
| + | SB 167 | TELECONFERENCED | |
SB 167-CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
[CSSB 167(STA) was before the committee.]
2:56:43 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 167
"An Act relating to a permanent fund dividend for an individual
whose conviction has been vacated, reversed, or dismissed; and
relating to the calculation of the value of the permanent fund
dividend by including payment to individuals eligible for a
permanent fund dividend because of a conviction that has been
vacated, reversed, or dismissed."
CHAIR CLAMAN said this is the first hearing of SB 167 in Senate
Judiciary Committee. The intention is to hear a brief
presentation on the bill from the sponsor's staff.
2:57:08 PM
SALLY RAFSON, staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, introduced SB 167 on behalf of the
sponsor. She explained that SB 167 relates to payment of
permanent fund dividends (PFDs) to individuals whose criminal
convictions have been vacated, reversed, and dismissed, or
overturned on retrial. She stated that, under Alaska law,
incarcerated individuals forfeit their permanent fund dividends
to the state. SB 167 seeks to restore PFDs to Alaskans whose
convictions were vacated, reversed, or dismissed, provided that
the dismissal was not the result of a Rule 11 plea agreement in
another criminal case. She said that eligible individuals would
be required to apply within one year following the new judgment
or within one year of the bill's effective date.
MS. RAFSON stated that Alaska is one of the few states that does
not provide compensation for exonerees. She noted that a similar
bill passed the House in 2017 with strong bipartisan support,
with a vote of 38-1.
MS. RAFSON asked the committee for its support of SB 167, which
would help victims of injustice transition back into society as
the state seeks to ensure justice and fairness for all Alaskans.
2:59:10 PM
CHAIR CLAMAN opened public and invited testimony on SB 167.
2:59:37 PM
JORY KNOTT, Executive Director, Alaska Innocence Project,
Anchorage, Alaska, testified by invitation in support of SB 167.
He stated that the Alaska Innocence Project is the only
nonprofit organization in the state that works to free
wrongfully convicted Alaskans. The organization helps educate
the public about the causes of wrongful convictions and
recommends policy reforms to prevent future mistakes in the
justice system.
MR. KNOTT emphasized that SB 167 is not a compensation bill and
does not ask for compensation. He said Alaska is one of 12
states that do not provide compensation to individuals who are
wrongfully convicted and later exonerated. He said SB 167
addresses what he describes as a "clerical error fix" in the
permanent fund dividend (PFD) statute by giving back the PFD to
exonerated individuals upon release. He stated that individuals
who are exonerated are released without a bus pass, a meal
ticket, or compensation.
MR. KNOTT referenced the exoneration of the Fairbanks Four,
noting that it has been 10 years since their exoneration. 2025
marks 10 years since the Fairbanks Four were released and had to
start from scratch. They are the reason he started the Alaska
Innocence Project; he said meeting them shook him to the core.
He said one of them went in at just 19 years old, valedictorian
of his high school, with a future eye for education and giving
back to his community. He served as a wildfire volunteer.
3:02:12 PM
JON ELDAN, Founder and Executive Director, After Innocence,
Oakland, California, testified in support of SB 167. He stated
that his organization provides free reentry help to hundreds of
individuals nationwide, including in Alaska, who have been
released from prison after their convictions were overturned and
the charges were subsequently dismissed or in rare instances
were acquitted on retrial.
MR. ELDON stated that the PFD is an entitlement for eligible
Alaskans and that forfeiture of the dividend is tied to a valid
criminal conviction. He explained that SB 167 addresses
situations in which the basis for that forfeiture no longer
exists because the conviction has been invalidated. He stated
that, in such cases, individuals should be able to receive the
dividends they were previously denied. He said SB 167 aims to
restore the PFD to these individuals.
MR. ELDON emphasized that individuals who have been wrongfully
incarcerated face significant challenges rebuilding their lives
upon release. He stated that although the bill does not provide
full compensation, access to the dividend would offer meaningful
support during reentry.
MR. ELDON stated that SB 167 would have no fiscal impact because
the funds are already retained by the state in reserve.
3:04:36 PM
CHAIR CLAMAN closed public testimony on SB 167.
3:04:45 PM
CHAIR CLAMAN held SB 167 in committee.