Legislature(2023 - 2024)BUTROVICH 205
03/25/2024 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HJR3 | |
| SB258 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HJR 3 | TELECONFERENCED | |
| *+ | SB 258 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 258-CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
1:57:11 PM
CHAIR CLAMAN announced the consideration of SENATE BILL NO. 258
"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 258 in the
Senate Judiciary Committee. The bill is sponsored by the Senate
State Affairs Standing Committee. Senator Kawasaki will present
the bill.
1:57:45 PM
SENATOR SCOTT KAWASAKI, District P, Alaska State Legislature,
Juneau, Alaska, expressed appreciation, as chair, on behalf of
the Senate State Affairs Committee, to the members of the
Judiciary Committee for hearing SB 258. He presented the bill as
follows:
If someone is convicted of a felony in the state of
Alaska, that individual is not eligible to receive a
permanent fund dividend (PFD) for that qualifying
year, nor for any additional year in which
incarcerated. Currently, in the event a conviction is
later deemed invalid or vacated, no statute allows
that individual to receive the PFDs which were
incorrectly withheld. SB 258 would ensure Alaskans are
paid PFDs that are rightfully theirs. As is done with
prior year dividend fund liabilities, which is a
separate fund within the Permanent Fund Dividend, the
money to pay these back payments would come out of
that fund in the form of a reduction, which the
Department of Revenue created for that purpose. The
Department of Revenue calculates the amount of money
taken from the Permanent Fund based on the estimated
cases for that particular qualifying year. Once the
bill goes into effect, the minute someone becomes
eligible to receive back PFDs for a vacated, reversed,
or dismissed conviction, the Court System would notify
the Department of Revenue, send over necessary
documents, and the department would take the necessary
steps to calculate for the potential payout. Research
suggests that there will be between four and twenty
claimants, although the exact number cannot be
confirmed until people begin to make those claims. For
the first year, we expect the payout to be around
$103,000, which was an estimate made when a similar
bill passed the House of Representatives in the 30th
Alaska State Legislature. At this point, eligibility
is difficult to discern because it requires reviewing
court records to identify the rare instances where
individuals may qualify. However, based on the data we
do have, we can again estimate that there would be an
average of two to three claims per year.
SENATOR KAWASAKI expressed his belief that SB 258 is sound and
relatively simple legislation. It corrects a serious injustice.
This legislation proposes to help individuals who may have lost
time with loved ones, lost their jobs, or lost income to
transition back to civilian life.
2:01:09 PM
SENATOR KIEHL stated that there are a few bills pending that
would allow for vacating judgments under very limited
circumstances. He expressed his belief that the scope of SB 258
would not encompass those provisions. He referenced a proposal
to the Governor's bill that would allow the vacating of
judgments for individuals convicted of prostitution if they were
victims of sex trafficking, specifically in cases of selling. He
sought clarification, asking whether it is not enough to have a
judgment vacated, the charges must be dismissed or an actual
finding of not guilty on a retrial.
2:02:09 PM
SENATOR KAWASAKI said that probably was likely better addressed
to general counsel from the Alaska Court System. He explained
that the intent of SB 258 is to ensure that if a conviction has
been vacated or reversed, and dismissed or overturned by a
trial, the individual would become eligible for a permanent fund
dividend that they were previously denied due to the conviction.
He noted that the legal technicalities surrounding that
eligibility would be better clarified by general counsel.
2:03:02 PM
NANCY MEADE, General Counsel, Administrative Offices, Alaska
Court System, Anchorage, Alaska, replied that the bill she is
familiar with is pending and would vacate a conviction for
prostitution if certain conditions are met. She explained that,
under the Permanent Fund Dividend statute, individuals are
ineligible for a PFD if they incarcerated for:
- a felony, though she noted that prostitution is not a felony,
or
- a misdemeanor, if it is a third offense following two prior
misdemeanors.
MS. MEADE explained that it is possible individuals convicted of
the Class B misdemeanor of prostitution, which has a maximum of
10 days imprisonment, could fall under this category. She
estimated that the number of people affected would be extremely
small. She expressed her view that if the court vacates under
the criteria set by SB 258, and all other statutory conditions
are met, the person could seek the PFD that was previously
denied from the PFD office.
2:04:33 PM
SENATOR KIEHL referred to proposed subsection (i)(1) of SB 258,
which addresses the vacatur of judgment provision. He expressed
his understanding that under this provision, the court vacates
the conviction and there is no subsequent dismissal of charges
step. He restated his question, asking whether vacating a
judgment and dismissing charges are, in fact, two different
actions.
MS. MEADE replied that is a good question and said she would
need to consider it and how the Department of Law would apply
that provision. She acknowledged his point and stated that she
was uncertain about its application in that circumstance.
2:05:34 PM
SENATOR TOBIN referenced the well-known Fairbanks Four case and
asked how SB 258 would apply to a similar population. She
inquired whether the bill would help bring justice to
individuals in that situation.
MS. MEADE replied that her understanding is that the
circumstances involving the Fairbanks Four align with what
SB 258 is intended to address. She recommended, in such cases,
the Department of Revenue consult with the Department of Law
when presented with an appellate court decision.
2:06:21 PM
CHAIR CLAMAN noted that Mr. Bigelow from the Permanent Fund
Dividend Division is online.
2:06:34 PM
SENATOR KAWASAKI replied that in the case of the Fairbanks Four
SB 258 would correct what was a miscarriage of justice. He
emphasized the bill applies to any person who was wrongly
convicted. He stated that the issue is one of justice and
ensuring that a person who is wrongfully incarcerated or
wrongfully convicted has an opportunity. Many states have
introduced legislation similar to SB 258; some have offering
remedies such as waiving tuition and fees at public colleges and
universities, an approach Texas recently adopted. Alaska is
unique in that the state has a permanent fund dividend. He noted
that Alaska is unique in having a permanent fund dividend and
can approach wrongful conviction compensation in different ways,
with SB 258 being just one small part of that.
2:07:37 PM
CHAIR CLAMAN remarked that, as a graduate of the University of
Texas, he would suggest that free tuition at the University of
Texas, or, for that matter, the University of Alaska, is
probably worth more than a permanent fund dividend payment.
2:08:11 PM
SENATOR TOBIN sought clarification on the transition and
eligibility language found on pages 2 and 3 of the bill.
2:08:44 PM
SENATOR KAWASAKI referenced Section 3 of the bill, paraphrasing:
An individual who is eligible for PFD compensation as
defined under Section 1 of the bill, and whose
dismissal or not guilty finding occurred before the
effective date of this Act, shall apply for a
permanent fund dividend no later than one year after
the effective date of the Act.
SENATOR KAWASAKI explained that the transition provision gives
individuals one year from the effective date of SB 258 to apply.
2:09:14 PM
CHAIR CLAMAN sought confirmation that this provision sort of
imposes a statute of limitations to apply for the dividend.
SENATOR KAWASAKI confirmed that it does.
2:09:29 PM
CHAIR CLAMAN announced invited testimony on SB 258.
2:09:57 PM
JORY KNOTT, Executive Director, Alaska Innocence Project,
Anchorage, Alaska, testified in support of SB 258. He said he is
a lifelong Alaskan. SB 258 would amend the Permanent Fund
Dividend statute to allow for back payment of PFDs to Alaskans
who were wrongfully convicted and incarcerated during those
years. He highlighted three points:
- This bill has a zero fiscal note.
- This bill is nonpartisan.
- Passing this bill is the right thing to do.
MR. KNOTT elaborated on the zero fiscal note, stating that back
payments would come from prior year dividends, which are
sufficient to take care of the Fairbanks Four case and future
cases taken on by the Alaska Innocence Project. Furthermore, the
bill has no impact on the Restorative Justice [Program] or
victim impact funds derived from PFDs withheld from incarcerated
felons. He commented that the bill carries no criminal justice
fiscal note.
MR. KNOTT reiterated that SB 258 is nonpartisan, pointing out
that HB 342, the House companion bill, is receiving bipartisan
support and community support.
MR. KNOTT emphasized that SB 258 is simply the right thing to
do. He said receiving a PFD is a fundamental part of being
Alaskan. He contrasted the treatment of lawfully convicted
individuals, who receive reentry services and legislative
support for reintegration, with that of wrongfully convicted
individuals, who receive nothing under current law.
MR. KNOTT concluded that SB 258 moves Alaska toward a more just
and productive future for wrongfully convicted individuals. He
stated that wrongful convictions do happen, even though most of
the time the justice system gets it right. He closed by stating
that wrongfully convicted Alaskans deserve an apology, a warm
welcome home, a chance to contribute to the economy, and at the
very least, the same right to a PFD as every other Alaskan.
MR. KNOTT underscored that denying a PFD to someone who was
wrongfully imprisoned constitutes a second injustice. He thanked
the committee for its time.
2:15:03 PM
CHAIR CLAMAN asked why tuition at the University of Alaska is
not being considered, noting that if the goal is to support
individuals who have lost civil rights and help them
reintegrate, a university education may be more valuable than a
check.
2:15:28 PM
MR. KNOTT replied that Alaska is one of only 12 or 13 states
that provide no compensation for wrongful conviction, though
that number is decreasing annually. He said there is a strong
movement towards reintegration support, including tuition,
housing, and job training. He noted that Texas, once known for
frequent wrongful convictions, now has the most robust
reintegration program. He said studies show that 2 to 5 percent
of convictions are wrongful. Even at 2 percent, this could mean
nearly 100 wrongful convictions in Alaska. The Alaska Innocence
Project is a small organization, and though it has volunteers
and community support, it also has limited capacity. He said it
is one thing to fundraise, but nothing makes change faster than
a face of a wrongfully convicted individual asking for a little
bit of help.
2:17:18 PM
CHAIR CLAMAN opened public testimony on SB 258
2:17:48 PM
BRIAN RIDLEY, Chief Chair, Tanana Chiefs Conference, Fairbanks,
Alaska, testified in support of SB 258. He offered the following
testimony:
Thank you for the opportunity to provide public
testimony in strong support of SB 258 today. In
December, almost nine years ago, Tanana Chiefs
Conference celebrated the release from prison the men
known as the Fairbanks Four: Marvin Roberts, George
Frese, Eugene Vent, and Kevin Pease.
These men had maintained their innocence for 19 years
pursuing post-conviction relief options through every
avenue, even years after the State of Alaska had
received evidence that supported their innocence. The
State did not provide these men with reparations to
transition back into daily life. Despite their proven
innocence, the difficulty of reentering society is
profound for the wrongfully convicted. The failure to
compensate them adds insult to injury.
Young men that were arrested in 1996 reentered the
world having spent their formative years in a concrete
cell. They had lost work and education opportunities,
social and relationship opportunities, things that are
hard to put a price on. But throughout the entire time
that any Alaskan is fighting for their innocence, one
thing is not lost, the fact that they are Alaskans.
There's one thing that everyone in Alaska has an
opinion on, unfortunately, it isn't reparations for
the wrongfully convicted. It is the PFD. What better
way to welcome someone who has freshly reclaimed their
innocence than by reminding them that their Alaskan
reward is still waiting for them?
We were delighted in 2017 when then Representative
Kawasaki introduced this legislation and championed it
through the House with an overwhelming show of
support. Now, seven years later, we continue to
believe that SB 258 is an important first step in
ensuring the integrity of our criminal justice system.
Currently, the federal government, the District of
Columbia, and 30 states have compensation statutes.
Twenty states do not; Alaska is one of those 20. This
is not an honored distinction.
Please support this important legislation.
Thank you, Mahsi Choo.
2:20:29 PM
CHAIR CLAMAN closed public testimony on SB 258.
2:20:44 PM
SENATOR GIESSEL agreed with the theory of SB 258 but questioned
the financial logistics behind the zero fiscal note. She
referenced the fiscal note narrative, which states the Permanent
Fund Dividend Division cannot estimate how many Alaskans may
apply under the bill's provisions. She said this suggests the
fiscal note should be indeterminate.
SENATOR GIESSEL raised concerns about logistics, explaining that
the total amount available for dividends each year comes from a
percent of the market value. After that is determined, it is
divided by the number of eligible applicants, which sets the
amount of the dividend. She asked how payments for past years
would be handled, noting that those dividends have already been
distributed. She asked whether the payments would come from the
current year distribution and, if so, whether that would change
the calculation.
2:22:11 PM
COREY BIGELOW, Operations Manager, Permanent Fund Dividend
Division, Department of Revenue (DOR), Juneau, Alaska, confirmed
that the Division is unable to estimate how many Alaskans may
apply under SB 258. He agreed the fiscal note should be
considered indeterminate at this time. He expressed his belief
that use of the liability fund was mentioned during the bill's
introduction. Depending on how many individuals apply in the
first year and for how many years, it is unclear whether the
fund would have sufficient resources. He stated that he did not
have the current balance in front of him but would provide that
information to the committee.
He explained that depending on how many individuals apply in the
first year, or for how many years, he does not know if the
liability fund would have enough available in it. He said that
he does not have the amount of the fund in front of him but
would gather that information for the committee.
2:23:27 PM
CHAIR CLAMAN held SB 258 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 258 Version A 3.6.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Sponsor Statement 3.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Sectional Analysis 2.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| HJR 3 Senator Tobin Document - recent studies on violent crime associated with concealed carry laws 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
HJR 3 |
| SB 258 Letter of Support - Fairbanks Native Association 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| SB 258 Fiscal Note DOR-PFDD 3.22.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
SB 258 |
| HJR 3 Letter of Opposition - International Association of Chiefs of Police 3.25.2024.pdf |
SJUD 3/25/2024 1:30:00 PM |
HJR 3 |