05/08/1994 01:30 PM Senate FIN

  SCSCSHB 212(JUD):   An   Act  relating   to   a  factor   in                 
                      aggravation of the presumptive term of a                 
                      criminal sentence,  and prohibiting  the                 
                      referral   of   a   sentence  based   on                 
                      application   of   that   factor  to   a                 
                      three-judge  sentencing   panel  as   an                 
                      extraordinary circumstance.                              
                                                                               
                      David  Harding,  aide  to Representative                 
                      MacLean, sponsor of HB 212, testified in                 
                      support  of  HB  212.   Diane  Schenker,                 
                      Special   Assistant,   Officer   of  the                 
                      Commissioner, Department of Corrections,                 
                      spoke  to   the  fiscal  note,   to  the                 
                      increasing number of prisoners,  and the                 
                      non-funding of crime bills over the past                 
                      years  that  effected the  Department of                 
                      Corrections.     SCSCSHB  212(JUD)   was                 
                      REPORTED   out    of   committee    with                 
                      individual  recommendations,   and  zero                 
                      fiscal  notes  for  the  Departments  of                 
                      Corrections,    Public   Safety,    Law,                 
                      Administration  and  the   Alaska  Court                 
                      System (the  Department of  Correction's                 
                      fiscal note showed a capital expense  of                 
                      $600.0).                                                 
                                                                               
  SENATE CS FOR CS FOR HOUSE BILL NO. 212(JUD):                                
                                                                               
       An  Act relating  to  a factor  in  aggravation of  the                 
       presumptive   term   of   a   criminal  sentence,   and                 
       prohibiting  the  referral  of   a  sentence  based  on                 
       application of that factor to a three-judge  sentencing                 
       panel as an extraordinary circumstance.                                 
                                                                               
  Co-chair   Pearce    invited   David   Harding,    aide   to                 
  Representative MacLean, sponsor of HB 212, to the table.                     
                                                                               
  DAVID HARDING said the intent of the bill was to insure that                 
  the serious sentences for the crime  of sexual abuse against                 
  a minor were levied when  the offender was in a  position of                 
  authority over  the minor.   The bill  accomplished this  by                 
  adding  sexual  abuse  of  a  minor   crime  to  a  list  of                 
  aggravators considered at sentencing.   Section 2 also added                 
  this  to a list  of crimes that  could not be  referred to a                 
  three-judge panel.  The reasoning was that an offender  that                 
  was in  an established trust  relationship with a  minor and                 
  then breached that trust, deserved stronger penalties than a                 
  stranger that sexually abused  a child.  It was  much harder                 
  for a child  to defend  him/herself physically and  verbally                 
  from someone in  a position  of authority than  it was  with                 
  someone that  the child did not know.  It was the vulnerable                 
  nature  of  the  relationship  that  warranted  more  severe                 
  punishment.  He said that the  Department of Law did support                 
  HB  212 but Margo  Knuth was not  available to  speak to the                 
  bill.  He went on to say that it would effect a small number                 
  of cases.  He gave child care workers or coaches as examples                 
  of persons in authority.                                                     
                                                                               
  Discussion followed by Co-chair Frank, Senators Kerttula and                 
  Rieger regarding  fiscal notes, and  the continuing practice                 
  of passing legislation without funding it.                                   
                                                                               
  Diane   Schenker,   Special   Assistant,   Officer  of   the                 
  Commissioner, Department  of Corrections,  reported that  in                 
  the past the  department had published zero  fiscal notes on                 
  all crime legislation  because it was difficult  to estimate                 
  the  impact of the legislation.   According to a legislative                 
  research  10-year  study,  prison   population  was  on  the                 
                                                                               
                                                                               
  increase  and continually had not  been funded.  At present,                 
  there  were about  200+ more  prisoners in  the system  that                 
  housing had not been funded for either in the capital or the                 
  operating budget.   The  overcrowding was  in severe  crisis                 
  this  year and  the department  had decided to  reflect true                 
  fiscal impact on  all fiscal notes.   She had been  informed                 
  that those fiscal notes would not be funded  but she knew no                 
  other way to reflect on-going costs.                                         
                                                                               
  Mr. Harding pointed  out that HB 212  would only add  to the                 
  end of the individual's sentence.   Ms. Schenker agreed that                 
  it would not effect FY95 but  for the record, the department                 
  wanted to request the capital expense in FY95.                               
                                                                               
  Co-chair   Frank  agreed   that  the   department   was  not                 
  inappropriate in their presentation of the  fiscal note.  He                 
  urged that  the fiscal note be  sent with the bill  with the                 
  understanding it would probably not  be funded in conference                 
  committee.                                                                   
                                                                               
  Co-chair Frank MOVED  for passage  of SCSCSHB 212(JUD)  from                 
  committee  with  individual  recommendation.   No  objection                 
  being heard, SCSCSHB 212(JUD) was  REPORTED out of committee                 
  with individual  recommendations, zero fiscal notes  for the                 
  Departments of  Administration, Law, Public  Safety, and the                 
  Alaska  Court  System,  and  a  zero  fiscal  note  for  the                 
  Department of Corrections with a  capital expense of $600.0.                 
  Co-chair Pearce, Senators Jacko, and Kelly signed "do pass."                 
  Co-chair Frank, Senators Rieger,  Kerttula and Sharp  signed                 
  "no recommendation."