03/07/2022 01:30 PM Senate JUDICIARY

          SB 187-HARASSMENT; SEX OFFENDERS & OFFENSES                                                                       
                                                                                                                                
1:52:24 PM                                                                                                                    
CHAIR   HOLLAND  reconvened   the  meeting   and  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, 2/25/22, and 3/4/2022.]                                                                
                                                                                                                                
CHAIR HOLLAND solicited questions from members.                                                                                 
                                                                                                                                
1:52:54 PM                                                                                                                    
SENATOR KIEHL  said several provisions were  unclear. He referred                                                               
to  Section  16 on  page  12,  lines  25-31. This  section  makes                                                               
adjustments  to House  Bill 49  that  the legislature  considered                                                               
several  years  ago, related  to  requirements  for sex  offender                                                               
registry. He recalled  that the Alaska Supreme  Court raised some                                                               
constitutional  issues  at  the  time.  The  legislature  debated                                                               
requiring  sex offenders  to  register in  Alaska  even if  their                                                               
offense was  not registerable in  Alaska. He asked if  there were                                                               
any constitutional issues related to the Sex Offender Registry.                                                                 
                                                                                                                                
1:54:57 PM                                                                                                                    
JOHN SKIDMORE,  Deputy Attorney General,  Office of  the Attorney                                                               
General,  Criminal   Division,  Department  of   Law,  Anchorage,                                                               
Alaska,  related  the constitutional  issue  was  ex post  facto,                                                               
which means  adding an enhanced  or added penalty that  is passed                                                               
after someone  has committed  a crime.  The Alaska  Supreme Court                                                               
ruled that  sex offender registration  could, in part,  be deemed                                                               
as  punitive.  However, ex  post  facto  does not  apply  because                                                               
[federal law]  requires sex  offenders to  register in  the state                                                               
where they  committed the crime.  When the sex offender  moves to                                                               
Alaska,  the   statutes  clarify   that  the   same  registration                                                               
requirements  carry over.  Thus, Alaska  is not  adding to  their                                                               
punishment. It  would only be an  ex post facto violation  if the                                                               
person were not  required to register when  convicted, and Alaska                                                               
was trying to add to that requirement.                                                                                          
                                                                                                                                
MR.   SKIDMORE   envisioned    someone   might   challenge   this                                                               
requirement,  but the  department believes  that Section  16 will                                                               
not present any constitutional issues.                                                                                          
                                                                                                                                
1:56:53 PM                                                                                                                    
SENATOR KIEHL asked if the person  would be required to remain on                                                               
the  sex offender  registry  in the  state  where the  conviction                                                               
occurred after they moved to Alaska.                                                                                            
                                                                                                                                
MR. SKIDMORE said he was unsure  whether the person would need to                                                               
register since they would no longer  be a resident of that state.                                                               
He reiterated that the punitive  aspect requiring registration on                                                               
the  Alaska Sex  Offender Registry  arises at  the time  of their                                                               
conviction.  He  was  unsure whether  all  states'  courts  would                                                               
follow the  Alaska Supreme Court's  finding that  registration is                                                               
punitive. The  distinction is  that the  registration requirement                                                               
already existed before the person moved to Alaska.                                                                              
                                                                                                                                
1:57:50 PM                                                                                                                    
SENATOR KIEHL  stated he  was not  concerned about  other states'                                                               
court rulings.  However, he was  worried that someone  would need                                                               
to  register for  a sex  offense that  was not  considered a  sex                                                               
offense in Alaska. He noted that  if the person had done the deed                                                               
in Alaska, they  would not have to register. He  related that the                                                               
person  would face  a  partially punitive  element  in Alaska  by                                                               
needing to register  after the fact. He stated  that concerns him                                                               
from an ex post facto perspective.                                                                                              
                                                                                                                                
1:58:42 PM                                                                                                                    
SENATOR HUGHES asked Mr. Skidmore  to weigh in on Senator Kiehl's                                                               
concern. She was unsure whether  he was speaking about the timing                                                               
of the requirement  or if states have  different requirements for                                                               
sex offenders.                                                                                                                  
                                                                                                                                
MR. SKIDMORE responded  that Alaska law says that if  a person is                                                               
required  to register  in another  state as  a sex  offender, the                                                               
person will  need to  register in  Alaska as  a sex  offender. He                                                               
elaborated  that  this  would  apply,  even  if  the  crime  that                                                               
required the  person to register in  their state was not  a crime                                                               
requiring registering as a sex  offender in Alaska. The rationale                                                               
for Alaska's  registration requirement  was to  avoid encouraging                                                               
individuals  to   move  to  Alaska   from  any  state   to  avoid                                                               
registering as a sex offender.                                                                                                  
                                                                                                                                
SENATOR HUGHES replied that she  understood the issue. She agreed                                                               
that some risk for court  challenges exists but that the punitive                                                               
aspect   disappears  if   someone  moves   to  Alaska   to  avoid                                                               
registration. She  surmised that  sex offenders could  be enticed                                                               
to live in  Alaska. She expressed concern that Alaska  could be a                                                               
magnet  for  those wanting  to  avoid  a  sex registry  in  other                                                               
states.                                                                                                                         
                                                                                                                                
2:01:12 PM                                                                                                                    
CHAIR HOLLAND held SB 187 in committee.