Legislature(2025 - 2026)BELTZ 105 (TSBldg)
04/24/2025 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB167 | |
| SB19 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 167 | TELECONFERENCED | |
| += | SB 19 | TELECONFERENCED | |
SB 167-CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
3:33:01 PM
CHAIR KAWASAKI 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."
3:33:26 PM
SALLY RAFSON, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, introduced SB 167 on behalf of the
sponsor and read the sponsor statement:
[Original punctuation provided.]
An Act relating to a permanent fund dividend for an
individual whose conviction has been vacated or
reversed and dismissed or overturned via retrial; 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 or
reversed and dismissed or overturned via retrial.
The State of Alaska Department of Law Criminal
Division's mission is to "assure safe and healthy
communities by prosecuting and convicting criminal
offenders throughout Alaska." Likewise, the State has
a responsibility to ensure that those convicted of
crimes are prosecuted fairly and justly. If the State
finds an offender was wrongfully convicted the State
should do right by those who have had their
convictions overturned.
Incarcerated Alaskans relinquish their Permanent Fund
Dividends to the State. SB 167 seeks to pay PFDs to
Alaskans whose convictions were vacated or reversed
and dismissed, provided that a dismissal was not
obtained through a rule 11 plea agreement in another
criminal case. If passed, those eligible must apply
for the PFD within 1 year following the new judgment
or within 1 year of the effective date of the bill.
Alaska is currently one of just 13 states that provide
no compensation for wrongful conviction. Many states
provide both monetary compensation and college tuition
and job training to exonerees.
3:35:20 PM
MS. RAFSON continued reading the sponsor statement for SB 167:
Providing the PFD to those Alaskans who lost this
privilege because of a wrongful conviction is one of
the few things the State of Alaska can do to help them
reestablish a normal life by providing a means to find
housing, food and education. The transition back to
civilian life for these individuals can be difficult
due to the loss chime with loved ones, as well as the
loss of income otherwise earned. While we are not able
to return the experiences and opportunities missed
from wrongful incarceration, we should at least be
able to reimburse the PFD money that rightfully
belongs to them.
In 2017, the same bill passed the House with
overwhelming bipartisan support and a vote of 38-1. I
ask your support for this bill, which would help
victims of injustice with their transition back into
society as the State looks to ensure justice and
fairness for all Alaskans.
3:36:46 PM
MS. RAFSON moved to slide 2 and began a presentation on SB 167.
[Original punctuation provided.]
PFD Ineligibility
Under AS 43.23.005 subsection (d) An individual is not
eligible for a permanent fund dividend for a dividend
year when:
(1) During the qualifying year, the individual was
sentenced as a result of conviction in this state
[Alaska] of a felony
(2) During all or part of the qualifying year, the
individual was incarcerated as a result of the
conviction in this state [Alaska] of a
(A) felony; or
(B) Misdemeanor if the individual has been
convicted of
(i) A prior felony as defined in AS 11.81.900
(ii) Two or more prior misdemeanors as defined
in AS 11.81.900
3:37:13 PM
MS. RAFSON moved to slide 3 and read the following:
[Original punctuation provided.]
PFD for the Exonerated
SB 167 seeks to reimburse the PFD to people who have
been exonerated for the years they were previously
deemed ineligible under AS 43.23.005 (d) if:
The individual's conviction is vacated or reversed,
and
(1) The charges are later dismissed, or
(2) The individual is retried and found not guilty
The reimbursement would not apply to those who take
plea deals
Time Frame:
Those eligible would have one year to apply after the
dismissal or not guilty finding
Those who were exonerated before enactment of this
policy would have one year after the effective date of
this legislation to apply
3:38:13 PM
MS. RAFSON moved to slide 4 and read the following:
[Original punctuation provided.]
Money Matters
Source of the PFD money: Prior Years Liability Fund
Current Amount in Fund: $1,707,719.81
Cost to Fund for the Fairbanks Four: $103,450.96
Percentage of Fund for the Fairbanks Four: 6.06
percent
The Fairbanks Four were ineligible for a PFD for 18
years while incarcerated
The Alaska Innocence Project estimates that less than
10 individuals who were incarcerated for two years or
less would also qualify for past PFDs
The Prior Years Liability Fund would most likely cover
the cost of SB 167
3:39:34 PM
MS. RAFSON moved to slide 5 and stated that Alaska is one of
only 11 states, not 13, that provide no compensation for
wrongful conviction.
[Original punctuation provided.]
Comparison to Other States
Alaska is one of only 13 states that provide no
compensation for wrongful convictions
Other States' compensation for exonerees often
include:
-Monetary Compensation
-College Tuition/Job Training
-Housing Assistance
-Mental Health Services
3:40:13 PM
MS. RAFSON moved to slide 6 and read the following:
[Original punctuation provided.]
Example: Texas
Texas's Compensation Statutes include:
- $80,000/year or $100,000/year for death row
- Compensation for child support payments owed while
the claimant was wrongfully incarcerated
- Up to $10,000 in reintegration financial assistance
- Attorneys' fees
- Tuition for up to 120 credit hours, including
tuition and fees
3:41:36 PM
CHAIR KAWASAKI announced invited testimony and opened public
testimony on SB 167.
3:42:28 PM
JORY KNOTT, Executive Director, Alaska Innocence Project,
Anchorage, Alaska, testified by invitation on SB 167 and stated
that he represents the only nonprofit in Alaska dedicated to
freeing the wrongfully convicted and educating the public on
prevention and reform. He clarified that SB 167 is not a
wrongful conviction compensation statute; rather, a correction
to the PFD statute to restore dividends to those exonerated
after wrongful imprisonment. He stressed that this falls far
short of true compensation, unlike states such as Texas that
provide robust financial support modeled on the 2004 Justice for
All Act. Currently, exonerated Alaskans are released without any
resources or assistance, which deeply impacts them, their
families, and communities. He said drawing on the Fairbanks Four
case and his decade of involvement, he highlighted the lack of
support services and the crucial role of the Alaska Native
community in providing spiritual support upon release.
3:45:10 PM
MR. KNOTT emphasized that the profound losses suffered by the
wrongfully convicted, who each spent 18 years in prison, missing
out on education, work experience, and basic life skills. After
release, the four faced lawsuits, lacked PFDs, reentry services,
or job opportunities, and even carried felony records for a
time. He said initial public support and attention quickly
faded, leaving them with little foundation to rebuild their
lives. One example is Marvin Roberts, a high school
valedictorian who was released to a job shoveling snow instead
of pursuing higher education. He argued that restoring PFDs is
not compensation but simply the right thing to do, reflecting
what it means to be Alaskan. With broad bipartisan support, he
sees this measure as the least the state can provide to help
exonerated individuals rebuild and contribute to society.
3:47:28 PM
CHAIR KAWASAKI asked what other projects he was working on in
Alaska and requested he highlight a few key ones.
MR KNOTT requested clarification of the question, asking if he
wanted to know about additional cases that involve reviewing
innocence claims or overturned convictions.
CHAIR KAWASAKI answered yes and asked him to explain what Alaska
Innocence Project does.
3:47:52 PM
MR. KNOTT responded that the nonprofit is the only statewide
organization in Alaska dedicated to exonerating the wrongly
convicted. Funded by federal grants and donations, the
organization focuses on remote village cases and regularly visit
prisons and rehabilitation centers. The work includes public and
legal education on the causes of wrongful convictions, policy
advocacy, and outreach to prevent future injustices. He said the
organization has reviewed over 3,000 cases, with numbers growing
each year alongside more compensation statutes nationwide.
Currently, the organization is handling one case on appeal after
an unfavorable trial outcome, and have also conducted DNA
testing and re-testing in older cases where technology was once
limited, to help confirm guilt or prove innocence.
3:51:23 PM
BRIAN RIDLEY, Chief Chairman, Tanana Chiefs Conference,
Fairbanks, Alaska, testified by invitation on SB 167 and stated
that nearly 10 years ago, the Tanana Chiefs Conference
celebrated the release of the Fairbanks FourMarvin Roberts,
George Frese, Eugene Vent, and Kevin Peasewho maintained their
innocence for 19 years. Despite evidence exonerating them, the
state provided no reparations, leaving them to re-enter society
with nothing after losing formative years, education, and work
opportunities. He said the lack of compensation makes
reintegration especially difficult and compounds the injustice.
He argued that restoring PFDs is a meaningful way to affirm a
place as Alaskans and support the return to society. He
highlighted the strong legislative backing this effort received
in 2017 and stressed that SB 167 is a crucial first step toward
justice. He noted that while 30 states and the federal
government have compensation statutes, 20 states, including
Alaska, still do not.
3:55:03 PM
CHAIR KAWASAKI concluded that SB 167 is not specifically about
the Fairbanks Four, though the case illustrates the broader
issue within Alaska's criminal justice system. After the
exoneration, the four were released without resources, having
missed decades of societal and technological change. SB 167 is
not full compensation, unlike other states that provide
stipends, tuition, or housingbut rather a step toward doing the
right thing by supporting those wrongly convicted. He urged the
Senate to act quickly, emphasizing that while it cannot repay
lost years, it acknowledges the injustice and helps exonerated
individuals begin to rebuild their lives.
3:58:28 PM
CHAIR KAWASAKI held SB 167 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 167.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| SB 167 Sponsor Statement.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| SB 167 Sectional Analysis.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| Fiscal Note SB 167.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| Compensation by State SB 167.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| Dividend Summary.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| TCC letter of support SB 167.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| SB 19 Fiscal note.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 19 |