03/26/1996 03:35 PM Senate STA

                                                                               
       SJR 25 PRISONER RIGHTS LIMITED TO FEDERAL RIGHTS                      
                                                                               
 CHAIRMAN SHARP brought up SJR 25 as the next order of business                
 before the Senate State Affairs Committee.                                    
                                                                               
 Number 275                                                                    
                                                                               
 SENATOR DONLEY stated he's been studying the Cleary agreement, and            
 he hasn't been able to get a straight answer as to what Cleary                
 agreement requirements are also required by federal law.  But it's            
 clear that Alaska is unique in how it treats prisoners.  There is             
 no way to identify or avoid that, unless we specifically amend our            
 constitution to adopt the federal standard.  That is what SJR 25              
 would do.  It would simply say that the rights of prisoners are               
 limited to those protections and rights that are required under the           
 constitution of the United States.  So courts couldn't read some of           
 the unique provisions of our state constitution and give prisoners            
 additional rights.  The minimum standard is what's under the United           
 States Constitution.                                                          
                                                                               
 Number 300                                                                    
                                                                               
 SENATOR LEMAN noted that we just amended Section 12 in 1992.                  
                                                                               
 SENATOR DUNCAN made a motion to discharge SJR 25 from the Senate              
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN SHARP, hearing no objection, stated SJR 25 was discharged            
 from the Senate State Affairs Committee.