Legislature(2005 - 2006)HOUSE FINANCE 519
02/28/2006 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB380 | |
| SB218 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 380 | TELECONFERENCED | |
| + | SB 218 | TELECONFERENCED | |
| + | HB 353 | TELECONFERENCED | |
HOUSE BILL NO. 353
An Act relating to sentences for sexual offenses.
CS FOR SENATE BILL NO. 218(FIN)
An Act relating to sex offenders and child kidnappers;
relating to reporting of sex offenders and child
kidnappers; relating to periodic polygraph examinations
for sex offenders released on probation or parole;
relating to sexual abuse of a minor; relating to the
definitions of 'aggravated sex offense' and 'child
kidnapping'; relating to penalties for failure to
report child abuse or neglect; relating to sentencing
for sex offenders and habitual criminals; and providing
for an effective date.
Co-Chair Meyer explained that the Senate bill would be the
vehicle the House Finance Committee would consider, as it
was further along in the legislative process. He reminded
members that HB 353 and SB 218 were companion bills.
REPRESENTATIVE MARK NEUMAN, CO-SPONSOR, thanked his co-
sponsors for helping to make Alaska a better place to live.
He pointed out statistics indicating that Alaska ranks as #1
in rapes per capita throughout the United State. There are
over 4300 registered sex offenders in the State of Alaska.
He stressed that the price and costs associated with the
victimization of the 521 statewide victims, averages about
$86.5 thousand dollars per victim. That is over $45 million
dollars per year in victim costs alone. Only 16% of rape
victims report their rapes. Representative Neuman pointed
out that when a perpetrator is put away for longer periods,
they are often accused for additional crimes. The average
sex offender commits approximately 110 rapes and 318 other
offenses before they are caught. He stressed that there is
an epidemic in Alaska and the brakes need to be put on.
2:25:24 PM
SENATOR CON BUNDE, CO-SPONSOR, testified in support of CS SB
218 (FIN), pointing out it is a bipartisan and unicameral
issue. The problem is huge throughout Alaska. The
statistics are outrageous and many victims are hesitant to
come forward. The problem is larger than is apparent. He
noted that in certain areas of the State, there are over
1,000 registered sex offenders.
Senator Bunde acknowledged all the help received from each
of the staff and the departments affected. He added that
the Department of Law, the Department of Public Safety and
Department of Corrections have addressed the details & legal
aspects. The Legislature handles public policy issues;
hence, the reason for the bill.
Senator Bunde elaborated on the testimony received in the
House Judiciary Committee regarding the "sad but true" long-
term effects experienced by the victim and the fact of a
high recidivism rate and little change in the perpetrator's
behavior. There have been many programs attempting to help
change that behavior and none seem to work. In order to
protect women and children in our society, it requires
longer prison terms. He doubted that drugs and alcohol were
the main factors contributing to the behavior.
Senator Bunde acknowledged costs associated with
incarceration. He believed that the costs associated with
the long-term effects on the women and children were much
higher.
Senator Bunde rejected the notion that the legislation
resulted from national "hysteria reaction" around Jessica's
law. The bill provides the opportunity to address a long
and overdue concern. The bill proposes longer sentencing
and using polygraph testing for those on probation and
parole. It has been proven that the polygraph testing,
keeps the perpetrator relatively under compliance. He urged
favorable consideration of the bill.
2:32:15 PM
SENATOR GRETCHEN GUESS, CO-SPONSOR, testified in support of
the legislation. She pointed out the number of co-sponsors
with diverse party and regional support.
Senator Guess addressed the values of the legislation. She
indicated that sex crimes have always been "under-dog"
considerations for the Legislature. Rape and molestation
have been spoken of as a family or community matter. It has
only been recently that people have become aware that these
crimes are intentional acts of violence that are
devastating. The Alaska Statutes carry a very low
punishment and she asked if those punishments reflect the
values of Alaskan communities. CS SB 218 (FIN) addresses
these concerns. The bill before the Committee contains many
compromises made along the way.
2:35:04 PM
Senator Guess reminded members that the bill speaks to
crimes of penetration, molestation, and incest in the third
degree. Those crimes are very serious. The bill
distinguishes sexual crimes against children with proof of
the actual case and therefore, the sentence could be reduced
for some molestation crimes. Senator Guess warned that
crimes against of children are obscene.
The range of activity in the bill was expanded when
addressing molestation and incest, which warrant the range
between the second and third degrees and would provide the
flexibility within the judicial system on the nuances that
happen with the above-mentioned crimes.
2:38:26 PM
Senator Guess pointed out that the Sam 3 - the sexual abuse
of a minor is not contained in the proposed legislation.
Those cases identify "date-rape" and are not included in the
sentencing guidelines at this time. She urged favorable
consideration of the bill.
2:39:32 PM
Vice Chair Stoltze thanked Senator Guess for the amount of
work done on the legislation.
Co-Chair Meyer pointed out that the original bill had
"stiffer" penalties and asked why it had been modified.
Senator Guess explained that her original bill had focused
on the sexual abuse of a minor, not the sexual assault
ranges. All the penalties were higher. Compromise resulted
when addressing some of the "other crimes" out there. She
noted that there always must be "give and take" when working
with the whole legislative body and which, addressing crime
of penetration and attempted rape of a child. Senator Guess
was uncomfortable with the changes made in the Senate
Finance Committee, reducing the sentence from 3 years to 1
year.
2:43:04 PM
Senator Bunde noted that he had been one of the legislators
recommending less severity in the punishment. He claimed
there is an issue of proportionality regarding treatment of
a convicted sex crime being treated more harshly than a
murder crime. He agreed it was an important discussion to
have. Discussing sentencing can accomplish several things
and can place people in jail sending a clear message of
societal standards.
2:45:14 PM
Representative Neuman noted concerns regarding the
proportionality of a Court challenge and recommending one or
two years higher than the current sentencing.
Representative Neuman stressed that these are "lifetime"
crisis against the victim. He pointed out that he had not
initially included polygraphs because of the fiscal expense;
however, following discussion with Senator Guess, he now
understands it would happen only twice a year and would cost
around $200 dollars each time. The Court can order the
perpetrator to pay for those costs.
2:46:54 PM
Representative Kelly questioned if there had been public
education notices for women and children around these
matters.
Senator Bunde replied he was not aware of such noticing
happening in the State, however, in a less direct way, there
has been press coverage and interest. The legislation would
put out a considerable amount of information to the public
indicating the new standards. Unless a person has been
involved in the system before, they might not be aware of
that information. He noted that some offenders
intentionally move to states that do not use the polygraph
system.
2:50:41 PM
Representative Neuman noted the national media hype
following the concern. The average person probably does not
have to deal with it. Passage of the bill would provide a
lot of Alaskan's with information on the vastness of these
issues.
2:51:24 PM
Senator Guess noted from comments heard in her district,
citizens assume the sentencing is already that high. She
noted especially crimes against children require public
education, as is the case with sexual assault. She observed
that public awareness is gradually increasing as the crimes
become discussed within the communities & churches. She
pointed out that crimes against children are sometimes
committed by family-members.
Senator Bunde observed the great number of articles in the
newspapers recounting sexual assault cases, especially
involving children.
2:54:49 PM
Representative Kerttula commended the sponsors for shedding
light on issues helping victims. She asked clarification
regarding the Letter of Intent and the sources behind the
shocking statistics. She referenced Page 3 and the horrific
number of offenses happening before the perpetrator gets
caught and asked if that number could be substantial. In
the same section, it indicates that crimes go undetected for
sometimes up to sixteen years. Representative Kerttula was
shocked.
2:56:51 PM
Senator Bunde emphasized the amount of time that went into
preparing the report; he acknowledged it was startling. He
referred to the footnote referencing the sex offender
treatment evaluation report as the base for that
information. He noted that Ms. Parker of the Department of
Corrections could provide more information.
Representative Kerttula requested a copy of that report.
She voiced concern that some of the proposed sentences were
higher than those for murder and questioned that philosophy.
2:58:08 PM
Senator Bunde responded that it was not the intent to seek
higher sentences than for murder or manslaughter. That was
a policy decision, observing that many of these victims
often face a "lifetime sentence". He advised that large
sentences could serve as a deterrent, admitting that if the
sentence is higher than manslaughter, it definitely, sends a
strong message.
2:59:39 PM
Senator Guess expressed that her analysis of the sentencing
procedures reflected the nature of intention. When someone
dies, there are multiple ways in which it may happen. Death
could be unintentional, whereas there was not a case of
unintentional sexual assault. She noted that since rape and
molestation were intentional, the sentences should be
higher, observing they do not extend as far as manslaughter.
She noted that murder crimes were not taken into
consideration when making the decisions for sentencing of
sexual assault crimes.
3:03:10 PM
Senator Guess advised that in most cases, there are multiple
offenses, which played a part in determining the sentence
for a single crime.
Representative Neuman observed that there are many aspects
to the issue of sentencing; the first being 15 to 25 years.
He reiterated that the victim must deal with the crime,
every day of their life. He referred to Page 3 from the
Letter of Intent, noting that the average number of victims
of a sex offender before caught is 110 and that they could
go an average of 16 years before detected.
3:05:07 PM
Representative Bunde thanked Representative Kerttula for
mentioning the Letter of Intent, as it is an integral part
of the bill. He knew that most likely there would be a
Court challenge. He mentioned the amount of research in
drafting the letter, so when the challenges happens, the
Legislature will have the information.
3:05:53 PM
Representative Kerttula suggested language be more specific.
3:07:12 PM
Senator Guess referred to Ms. Parker, Department of
Corrections. She pointed out that a defense attorney could
bring up lesser crimes during a trial. A crime of
harassment would be handled differently than the molestation
and penetration. She agreed that there has not been a
problem at this time with mandatory jail time and suggested
there is subjectivity in the current legislation. She was
not willing to trade leniency for child molesters.
3:09:21 PM
Senator Guess commented on the differences that cross the
ten-year line, stressing that rape should incur a serious
sentence.
3:10:11 PM
Senator Bunde acknowledged that Representative Kerttula had
asked important questions and pointed out that all laws
contain some ambiguity. He observed that prosecutorial
discretion was a part of the current system and noted that a
judge and jury play a part, as well as litigators, in the
actual sentences served by a perpetrator.
3:11:39 PM
Representative Neuman referred again to the Letter of
Intent, highlighting that perpetrators of sexual crimes were
often guilty of multiple incidents.
Representative Kerttula thanked the panel for their work
with a difficult topic.
Representative Kelly observed that the perpetrators cannot
be rehabilitated and expressed support for the longer
sentences.
3:13:32 PM
Senator Bunde advised that there was some small success in
rehabilitation of offenders, who were the victims of incest.
He concurred that there has not been broad success with
most.
3:14:57 PM
Senator Guess referred to a study tracing treatment of sex
offenders. She noted that the study revealed that there was
not a statistical difference between those treated and those
untreated. She noted one of the key successful provisions
in the sentencing portion of the bill is the automatic
probation and polygraphs. She thought that could be the
best practice to protect people and help those convicted of
crimes. She observed a pattern of behavior and if revealed,
could prevent recurrence with use of the polygraph.
Required polygraph testing can serve as a deterrent to
offenders.
3:17:03 PM
Representative Neuman reiterated that the polygraph testing
can decrease the rate of recurrence.
3:18:06 PM
Senator Bunde stated that the current polygraph practice
utilizes trained operators, which he hoped would be a
regulated and standardized policy. Requiring specific
training could make the legislation too inflexible.
3:19:02 PM
Co-Chair Meyer opened PUBLIC TESTIMONY.
SUEANN WILLIAMS TESTIFIED FOR ROBERT LOESCHER, SPIRIT
VILLAGE INC., JUNEAU, read a letter of support from Robert
Loescher, a board member for Spirit Village, Inc. (Copy on
File).
3:21:54 PM
Vice Chair Stoltze asked about the nature of Spirit Village
and the services they provide. Ms. Williams responded that
they are a non-profit organization, providing programs for
prisoner's re-entry into the communities.
Vice Chair Stoltze asked if it was a culturally based
program. Ms. Williams replied that a portion was culturally
based.
3:22:33 PM
NICOLE SONGER, (TESTIFIED VIA TELECONFERENCE), EXECUTIVE
DIRECTOR, CORDOVA FAMILY RESOURCE CENTER, CORDOVA, testified
in support of the legislation and encouraged the Committee's
support.
3:23:45 PM
SUE CHRISTENSEN, (TESTIFIED VIA TELECONFERENCE),
ADMINISTRATIVE ASSISTANT, BERING SEA WOMEN'S GROUP, NOME,
spoke to issues of harassment and child molestation. She
stressed the "defenselessness" of a child and suggested that
a law be passed, addressing the need for vulnerable
children's protection for those 10 years and younger. She
addressed mental illness, foster care, addicts, rapes and
molestation of children and the need to front-load services
for those victims. Ms. Christensen emphasized that these
crimes "kill" and alter a child's core and deserves a death
penalty. She mentioned the national law regarding the age
of consent and requested clarification on the child
kidnapping section.
3:27:30 PM
QUINLAN STEINER, (TESTIFIED VIA TELECONFERENCE), DIRECTOR,
PUBLIC DEFENDER AGENCY, DEPARTMENT OF ADMINISTRATION,
ANCHORAGE, commented that Section 2, as written, creates an
irreconcilable conflict with the rules of professional
conduct that would prevent the Public Defender's Agency to
represent individuals guilty of a previous sex crime
conviction. He advised, he was working with Susan Parks
from the Department of Law, to develop language that would
maintain the substance of that section and thought that
there was language that could work for both parties. He
offered to answer questions of the Committee.
3:29:11 PM
GINGER BRYANT, (TESTIFIED VIA TELECONFERENCE), SOUTH
PENINSULA HAVEN HOUSE, HOMER, spoke in strong favor of the
bill. She stressed how heartbreaking these crimes are
against children. It is a crime of silence and without
polygraphs, the crimes will continue. She urged that the
perpetrators be placed behind bars.
3:30:39 PM
CHRISTINE KERNAK, (TESTIFIED VIA TELECONFERENCE), TUNDRA
WOMAN'S COALITION, BETHEL, testified in strong support for
the proposed legislation.
3:31:52 PM
REX SHATTUCK, STAFF, REPRESENTATIVE MARK NEUMAN, indicated,
he intended to provide personal testimony. He stated the
legislation affects many people, known and unknown.
Mr. Shattuck provided testimony regarding his own sexual
abuse. He emphasized that the numbers provided in the
backup are "very" realistic. He noted that his situation
resulted in a Class B felony for the perpetrator and knew
five other individuals impacted by the same person, who was
in a place of authority, not a family member.
Until recently, Representative Neuman admitted he had not
been aware of the impact of Mr. Shattuck's personal abuse.
He commented that he felt obligated to testify. Sentencing
of a Class B felony can result in two to five years
sentence. If the legislation were passed, that perpetrator
would potentially be looking at five to fifteen years. Mr.
Shattuck pointed out that he has dealt with the crime for
35+ years. When comparing it to a murder, with a murder
situation, there is a sense of finality; however, with a
crime of sexual molestation of a child, the victim deals
with the devastation for a lifetime. The legislation
provides an important message to those contemplating such a
crime and sends a strong societal signal. He urged that the
bill be passed from Committee.
3:36:28 PM
Representative Kerttula apologized for any hurtful comments
she might have made, noting her intent was that the State of
Alaska draft a better and stronger law.
3:36:51 PM
Co-Chair Meyer closed PUBLIC TESTIMONY.
Co-Chair Meyer indicated that the Department of Corrections
and Department of Law would provide testimony at the next
meeting.
Vice Chair Stoltze requested that the Public Defender be
invited for that meeting.
3:38:03 PM
Representative Foster discussed concern with the fiscal
costs, mentioning subcommittee work to address such issues.
He worried about the impact of those costs to the Alaska
Court System and wondered about supplemental cost requests
that would be associated with the increased penalties.
Co-Chair Meyer echoed the same concerns, noting further
discussion on those matters at the next meeting.
HB 353 and CS SB 218 (FIN) were HEARD and HELD in Committee
for further consideration.
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