Legislature(1997 - 1998)

02/05/1998 01:45 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
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 DAVE DONLEY noted that SJR 3 limits the rights of                      
prisoners, convicted in the state of Alaska, to those                          
required under the Constitution of the United States.  He                      
observed that the Alaskan Constitution grants rights and                       
liberties not granted to citizens of other states.  He                         
maintained that Alaskan prisoners have utilized some of the                    
provisions of Alaska's Constitution to claim additional                        
rights not available under the federal Constitution.  He                       
stated that this could cause significant problems with the                     
administration of correctional facilities.  He identified                      
areas of concern:                                                              
                                                                               
1. Discipline and classification;                                              
2. Access to rehabilitation programs;                                          
3. Location of incarceration; and                                              
4. Square footage requirement on cell size.                                    
                                                                               
Senator Donley noted that the Cleary consent decree                            
prohibits dormitory type cells.  He maintained that, without                   
a uniform standard for prison administration, it is                            
difficult to get the Court to clarify the specific                             
requirement.  He emphasized that he did not know of any                        
other states where dormitory cells are prohibited.                             
                                                                               
Senator Donley provided members with a Letter of Intent                        
(copy on file).  He stressed that the proposed Letter of                       
Intent was based on discussion during previous hearings.                       
                                                                               
Senator Donley observed that the victims' rights provision                     
of the Alaska State Constitution could be viewed as modified                   
by the prisoners' rights section.                                              
                                                                               
Senator Donley referred to Brandon v. State, 938 P.2d 1029                     
(Alaska 1997).  He observed that a prisoner who was sent to                    
the state of Arizona contended that his reformation was                        
endangered since he was not close to his family in Alaska.                     
The Alaska Supreme Court ruled that it raised a                                
constitutional question under the Alaska State Constitution.                   
The lower court will examine the case.  Senator Donley noted                   
that Chief Justice Rabinowitz, in a dissenting opinion,                        
wrote that the Court had never before extended the principal                   
of reformation to the issue of location. Chief Justice                         
Rabinowitz pointed out, that according to the Brandon                          
decision, prisoner visitation is a component of the                            
constitutional right to rehabilitation. Chief Justice                          
Rabinowitz suggested that, as a result of the decision, the                    
Department of Corrections would find it difficult to justify                   
most out-of-state incarcerations, incarcerations of rural                      
Alaskans in urban facilities and most incarcerations that                      
encompass significant geographical dislocation.  He added                      
that there would be significant fiscal implication.                            
                                                                               
Senator Donley referred to Article I, Section 12 of the                        
Alaska State Constitution.  He observed that discussion of                     
the principle of reformation held during the Constitutional                    
Convention indicated that an individual right would not be                     
created.  Subsequent decisions in the late 1970's by the                       
Alaska Supreme Court concluded an individual right was                         
created.                                                                       
                                                                               
Senator Donley explained that the intent of SJR 3 is to                        
clarify that the Article I, Section 12 does not create                         
individual rights for prisoners. Article I, Section 12 would                   
continue as a guiding principle.                                               
                                                                               
Representative Mulder stressed the importance of the                           
legislation on the Department of Corrections' future                           
liabilities and responsibilities.  He emphasized that there                    
are not enough inmate programs to assure reformation through                   
visitation.  He stressed that inmate programs are expensive.                   
                                                                               
DEAN GUANELI, CHIEF ASSISTANT ATTORNEY GENERAL, CRIMINAL                       
DIVISION, DEPARTMENT OF LAW agreed that the Alaska State                       
Constitutional Convention viewed Article I, Section 12,                        
Principle of Reformation, to be a guideline.  He observed                      
that a shift by the Court created a right to rehabilitation                    
in the 1970's.  He stated that SJR 3 would clarified that                      
Article I, Section 12 is a guiding right, not an enforceable                   
right.                                                                         
                                                                               
Mr. Guaneli emphasized that the Court has given the                            
Department broad deference in choosing when and what kinds                     
of programs to give prisoners.  Despite the Court's decision                   
there has been little impact from litigation.  He noted                        
concerns that the resolution would allow funding to be                         
withdrawn from prison programs.  He emphasized that prisoner                   
programs are good management tools.                                            
                                                                               
Mr. Guaneli referred to the Cleary decision.  He did not                       
think that SJR 3 would create a very strong ground for being                   
relieved from the Cleary judgement.  He observed that there                    
has never been a finding that the state of Alaska was in                       
violation of the State Constitution.  The State has                            
maintained that it did not violate the Constitution.  He                       
observed that the state of Alaska has been in contempt of                      
Court for noncompliance with the judgement. He suggested                       
that a pattern of compliance with the order would present a                    
better case for relief.  He acknowledged that passage of SJR
3 would not hurt the State's case.                                             
                                                                               
Representative Davies noted that state prisoners have                          
maintained that state statutes were violated.  He observed                     
that reformation is a management tool.                                         
                                                                               
Mr. Guaneli agreed that prisoner programs are good                             
management tools.                                                              
                                                                               
Co-Chair Therriault emphasized that the Department of                          
Corrections is precluded from withholding participation in                     
prisoner programs as a management tool.                                        
                                                                               
Mr. Guaneli reiterated that the Court has given the                            
Department wide deference in deciding how programs are                         
managed.  He noted that programs could be withheld during                      
administrative segregation due to prisoner behavior. He                        
added that some prisoners are segregated through no fault of                   
their own.  The Department would have an obligation to                         
extend some programs to these prisoners.  He maintained that                   
the Court does not impose specifics on the Department.                         
                                                                               
Representative Davies questioned the affect of prisoner                        
programs on recidivism rates.  Mr. Guaneli could not comment                   
on the affect of prisoner programs on recidivism rates.                        
                                                                               
Senator Donley emphasized that SJR 3 does not preclude                         
rehabilitation programs.  He emphasized that; while prisoner                   
programs are meritorious, how they are implemented should be                   
the policy decision of the Legislature and the Department of                   
Corrections.  He maintained that SJR 3 is the best tool                        
available to revisit the Cleary decision.                                      
                                                                               
Senator Donley clarified that the Letter of Intent was not                     
considered for adopted by previous committees. He emphasized                   
that the content of the ballot question is the most                            
important consideration.  He stressed that the Letter of                       
Intent is a guideline for the ballot question.                                 
                                                                               
Senator Donley questioned if the House Finance Committee                       
received the correct version of SJR 3 from the House                           
Judiciary Committee.                                                           
                                                                               
SJR 3 was HELD in Committee for further consideration.                         

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