Legislature(2021 - 2022)BUTROVICH 205
03/04/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB187 | |
| SB189 | |
| SB187 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 187 | TELECONFERENCED | |
| += | SB 189 | TELECONFERENCED | |
| += | SB 182 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 187-HARASSMENT; SEX OFFENDERS & OFFENSES
1:35:17 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 187
"An Act relating to criminal law and procedure; relating to the
crime of harassment; relating to the duty to register as a sex
offender; amending the definition of 'sex offense'; relating to
lifetime revocation of a teaching certificate for certain
offenses; relating to the definition of 'domestic violence';
relating to multidisciplinary child protection teams; relating
to arrest authority for pretrial services officers and probation
officers; and providing for an effective date."
[SB 187 was previously heard on 2/23/22 and 2/25/22.]
1:35:33 PM
CHAIR HOLLAND opened public testimony on SB 187.
1:36:00 PM
DAVID IGNELL, representing self, Juneau, Alaska, expressed
concern that the bill might be politically motivated because it
was introduced during an election year, which can bring out
strong emotions from members of political parties. He offered
his view that there is immense political power on the subject of
sex crimes.
MR. IGNELL stated that legislators must uphold the Alaska
Constitution and US Constitution to protect individual freedoms,
including the right to a fair trial by jury and the fundamental
right to be protected from government tyranny. He provided
several examples of people he believed were convicted of crimes
that they did not commit. He wondered how this might occur and
whether it resulted from officials in the criminal justice
system seeking to advance their careers.
MR. IGNELL offered his view that leading the charge on sex
crimes is a proven way to get ahead in state government but
standing up against the manipulation and abuse of sex crime laws
can lead to disastrous career results. He provided anecdotal
remarks to illustrate his point.
MR. IGNELL noted that Alaska does not elect prosecutors or
judges, only legislators, and the governor.
1:40:00 PM
MR. IGNELL acknowledged the committee's legislative oversight of
the Alaska Court System and the Department of Law. He offered
his view that egregious violations of public oaths and
constitutional rights occur when those wrongfully convicted
remain in jail. He highlighted a Hoonah case to illustrate his
point.
1:40:46 PM
MR. IGNELL expressed concern that SB 187 would weaponize
government tyranny and fear that innocent people could be swept
up in politics. He commended a former legislator for standing up
for their constituents who complained some manipulated the
domestic violence laws and an attorney who dared to call out
prosecutors who overstepped constitutional and ethical
boundaries in sex crime cases.
1:41:54 PM
MR. IGNELL suggested that members could go along with the
politics or take a stand against government tyranny.
1:42:37 PM
KATIE BOTZ, representing self, Juneau, Alaska, asked members to
be mindful of victims as they consider SB 187. She said she was
still affected by the trauma of being sexually abused when she
was 12 years old. She suggested that the committee require
sexual predators to register long-term because they can continue
victimizing people. She reminded members that Alaska ranks first
in the nation for sexual assault.
1:45:22 PM
ANNIE COUEY, representing self, Anchorage, Alaska, said she
graduated from West High School in 2021. She said she was raped
in June 2021 when she was 17 and the perpetrator was 21. She
related that she told him no and to stop. She pushed him away,
but then she froze. She reported her sexual assault case to the
police department and described what had happened. She said they
told her she had a case. Almost a week later, a detective
assigned to her case informed her that the police would not
continue to investigate her case because the statutes for a
sexual assault require the perpetrator to use force and violence
during the assault. She offered her belief that what happened to
her was wrong and she deserves justice, but she will never
receive it. She stated that she is testifying today because no
victim should be denied justice and that Alaska has the worst
sexual assault and violence record in the nation. Alaska's laws
do not support victims. She offered her view that victims like
her who froze out of fear and shock should get justice. She
urged members to pass the bill.
1:47:16 PM
CHAIR HOLLAND, after ascertaining no one else wished to testify,
closed public testimony on SB 187.
1:47:25 PM
CHAIR HOLLAND temporarily set aside SB 187. He stated his
intention to bring it back before the committee later in the
meeting.
SB 187-HARASSMENT; SEX OFFENDERS & OFFENSES
2:17:50 PM
CHAIR HOLLAND brought SB 187 back before the committee for
further consideration.
2:18:19 PM
SENATOR KIEHL referred to sex offender registration. He related
his understanding that this would affect people who were no
longer under probation or parole but still needed to be
registered. He highlighted that the bill adds new requirements
related to travel, including requiring a person to submit their
plans to the department in person.
2:19:17 PM
KELLY HOWELL, Special Assistant to the Commissioner, Department
of Public Safety, Juneau, Alaska, responded that the requirement
for in-person notification for out-of-state travel was to comply
with the Sex Offender Registration and Notification Act (SORNA).
She explained that SORNA requires in-person registration and
notification, which confirms that the person is still present in
the state before departing. However, the department understands
that Alaska's vast geography and where offenders may currently
reside could create difficulties for them to comply. She noted
the department was amenable to suggestions the committee may
have.
2:20:52 PM
CHAIR HOLLAND asked whether there was any conflict if the state
did not require in-person notification since the federal law
requires it.
2:21:01 PM
LISA PURINTON, Chief, Criminal Records and Identification
Bureau, Department of Public Safety (DPS), Anchorage, Alaska,
stated that the changes were primarily to comply with SORNA. She
explained that sex offenders must report any changes in travel,
name, or address to their local law enforcement.
2:21:59 PM
SENATOR KIEHL referred to AS 12.63.101 (h) in Section 7 on page
6. That provision requires the offender to notify the department
in writing if they plan to travel for seven days or more. He
noted that these offenders are no longer on parole or probation
but are on the registry. He asked how the traveling person could
meet this requirement if their plans changed during the trip.
MS. HOWELL deferred to Ms. Purinton.
MS. PURINTON responded that if the sex offender's travel plans
were interrupted, such as their flight was canceled or they
missed the flight; then it would be considered extenuating
circumstances. She noted that the federal law that governs SORNA
provides an allowance for unforeseen circumstances. The person
would provide the documentation and immediately work to remedy
the situation.
2:23:56 PM
SENATOR KIEHL stated that he was focused on those individuals no
longer under state supervision since registration requirements
would interfere with the person's freedom to travel. He related
that he recently took a trip and decided to stay a few extra
days. He expressed concern if there were not a way for a sex
offender not under state supervision to modify their travel
plans as long as there is a way for them to notify the registry.
He was unsure what public purpose would be served if they could
only change their plans except in circumstances beyond their
control.
2:25:08 PM
MS. PURINTON responded that she would have to look into the
change in travel plans. For example, if the person originally
submitted a plan to travel to North Caroline, but travel plans
changed and the person decided to go to Disney World in Orlando.
She was unsure how that would be addressed. She acknowledged
that the department has change forms, which is typically how sex
offenders would notify the registry of changes in any of their
information. She said this is the method sex offenders use to
meet the in-writing requirement.
2:25:58 PM
MS. HOWELL responded that the purpose of SORNA and the National
Sex Offender Registry is to ensure uniformity among states as
offenders travel. As Ms. Purinton mentioned, traveling to
another state that is not part of the plan requires the sex
offender from Alaska to notify the other states where that
person plans to travel. She highlighted it as one reason why
informing about changes in travel was necessary.
2:26:50 PM
CHAIR HOLLAND advised members that he was working with
stakeholders on a committee substitute (CS) for SB 187.
2:27:21 PM
SENATOR HUGHES asked if the information that appears on SORNA,
whether it would include the person's name, address,
convictions, or something else.
2:27:41 PM
MS. HOWELL deferred to Ms. Purinton.
2:28:01 PM
MS. PURINTON replied that it would be the offender's name,
location, conviction, and whether the person is compliant with
their registration requirements. She stated that she would need
to review it to see what else was provided. Still, no personal
information is listed, such as the person's Alaska Driver's
License or social security number.
CHAIR HOLLAND asked whether SORNA shows any images.
MS. PURINTON answered yes. She stated that a photo of the person
is on the website.
2:28:50 PM
SENATOR HUGHES asked whether the public could click on a city
and see a map location of where sex offenders reside.
MS. PURINTON related that the sex offender registry is
searchable by zip code, multiple zip codes, or city to obtain
the offenders registered in those areas.
2:29:27 PM
CHAIR HOLLAND held SB 187 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 189 Public Testimony (Futerfas).pdf |
SJUD 3/4/2022 1:30:00 PM |
SB 189 |
| SB 189 Letter of Opposition (CUSP).pdf |
SJUD 3/4/2022 1:30:00 PM |
SB 189 |