02/26/1997 01:40 PM Senate JUD

       SJR  3 PRISONER RIGHTS LIMITED TO FEDERAL RIGHTS                      
  SENATOR DAVE DONLEY , sponsor of SJR 3, stated the latest proposed           
 committee substitute makes crystal clear that this measure impacts            
 only the rights of prisoners convicted of crimes.  Regarding the              
 Department of Law's question as to whether, by modifying the                  
 existing criminal administration section of the Constitution, other           
 types of ancillary rights might be granted, he said creating                  
 separate sections clarifies the intent of the legislation.                    
                                                                               
 Number 191                                                                    
                                                                               
  SENATOR MILLER  moved to adopt CSSJR 3(JUD), version 0-LS0268\F, as          
 the working draft.  There being no objection, the motion carried.             
                                                                               
  DEAN GUANELI , Assistant Attorney General, agreed with Senator               
 Donley's assessment that the new version of SJR 3 is cleaner                  
 regarding the rights of prisoners.  He cautioned committee members,           
 however, not to expect passage of this legislation to automatically           
 overturn the Cleary settlement.  CSSJR 3(JUD) may establish one               
 more reason for the Court to give relief from judgment under the              
 Civil Rules, but it does not guarantee that result.  Given that the           
 State is in contempt of the Cleary settlement, it is in a weak                
 position to argue for relief and even if the State did get relief             
 from the Cleary order, it would only mean the State would be back             
 in the litigation mode.                                                       
                                                                               
  SENATOR MILLER  moved CSSJR 3(JUD) out of committee with individual          
 recommendations.  There being no objection, the motion carried.