02/23/1998 01:45 PM House FIN

SENATE JOINT RESOLUTION NO. 3                                                  
                                                                               
Proposing an amendment to the Constitution of the State                        
of Alaska limiting the rights of prisoners to those                            
required under the Constitution of the United States.                          
                                                                               
Senator Donley provided members with a proposed committee                      
substitute, Work Draft 0-LS0268\L, dated 2/13/98(copy on                       
file).  He spoke in support of the proposed committee                          
substitute.                                                                    
                                                                               
Senator Donley provided members with a proposed letter of                      
intent (copy on file).  He spoke in support of the letter of                   
intent.  He maintained that the proposed letter of intent                      
would give the Court additional, clear guidance in regards                     
to the Legislature's intent in adopting SJR 3.                                 
                                                                               
Senator Donley reviewed changes incorporated by the proposed                   
committee substitute.  He observed that specific reference                     
to Article 1, section 12 was deleted.  The language was                        
changed to read:  "Notwithstanding any other provision of                      
this constitution."  The intent is to cover all unique and                     
special rights given to convicted prisoners by the Alaska                      
State Constitution that are not currently guaranteed under                     
the federal Constitution.                                                      
                                                                               
Co-Chair Hanley MOVED to ADOPT Work Draft 0-LS0268\L, dated                    
2/13/98.  There being NO OBJECTION, it was so ordered.                         
                                                                               
Representative Grussendorf spoke in support of                                 
rehabilitation.  He asked if federal standards deny efforts                    
to rehabilitate prisoners.  Senator Donley stressed that the                   
legislation creates a baseline.  Rehabilitation programs                       
could still be funded through the budget.  The legislation                     
speaks to the minimum required.  Prisoners would no longer                     
be able to sue to enforce a right of reformation, except as                    
required under the federal Constitution.  He maintained that                   
the legislation would allow decisions to be based on what is                   
appropriate within the budget process.                                         
                                                                               
Representative Martin MOVED to report HCS CSSJR 3 (FIN) out                    
of Committee with the accompanying fiscal notes and letter                     
of intent.  There being NO OBJECTION, it was so ordered.