Legislature(2001 - 2002)

03/14/2001 09:12 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
     SENATE BILL NO. 99                                                                                                         
     "An Act relating to the DNA identification registration                                                                    
     system."                                                                                                                   
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
SENATOR  RICK HALFORD testified  that this  legislation expands  the                                                            
DNA database  to include  DNA samples  of burglars.  He noted  other                                                            
states  have done  this and  have found  a significant  increase  in                                                            
cross-referencing  matches and the value of the database  in further                                                            
convictions.                                                                                                                    
                                                                                                                                
Senator Halford  qualified  he is reluctant  to support the  further                                                            
computer classification  of people.  However, once a person  becomes                                                            
part of  the criminal justice  system, he  surmised that person  has                                                            
given away  a great  deal of their  privacy rights.  He pointed  out                                                            
there  is a correlation  between  burglary  and "the  next level  of                                                            
crimes."                                                                                                                        
                                                                                                                                
Senator  Halford reiterated  the intent  of this  legislation  is to                                                            
update, upgrade  and increase  the number  of convictions using  the                                                            
DNA system.                                                                                                                     
                                                                                                                                
Co-Chair Kelly  added he learned from the writings  of John Douglas,                                                            
the original  Federal Bureau  of Investigations  (FBI) profiler  who                                                            
also started  the Bureau's  Special Crimes  Unit, that almost  every                                                            
serial murderer  has burglary  in their  background. Co-Chair  Kelly                                                            
stated  there is something  about the  crime of  burglary that  is a                                                            
gateway to more heinous crimes.                                                                                                 
                                                                                                                                
Senator Austerman  noted the  current 12-month  backlog of  work for                                                            
the state crime  laboratory and asked  why there was no fiscal  note                                                            
cost associated with this  legislation considering the extra work it                                                            
would create.                                                                                                                   
                                                                                                                                
Senator  Halford  suggested  the Committee  ask  the  Department  of                                                            
Public  Safety  for  an estimate   of the  cost  to  implement  this                                                            
legislation.                                                                                                                    
                                                                                                                                
Co-Chair Kelly agreed.                                                                                                          
                                                                                                                                
ROBERT BUTTCANE,  Legislative and  Administrative Liaison,  Division                                                            
of  Juvenile Justice,  Department  of  Health and  Social  Services,                                                            
testified via teleconference  from Anchorage in support of the bill.                                                            
He  stated  that the  division  perceives  burglary  as  a  "gateway                                                            
crime". He noted the division  has processes in place to collect DNA                                                            
samples and transmit them to the state laboratory.                                                                              
                                                                                                                                
GEORGE  TAFT,  Director,  Scientific  Crime  Detection  Laboratory,                                                             
testified  via teleconference   from Anchorage  to  inform that  the                                                            
department  would   receive  federal  funding  to   cover  the  cost                                                            
increase.                                                                                                                       
                                                                                                                                
JENNIFER  RUDINGER,  Executive  Director,   Alaska  Civil  Liberties                                                            
Union, testified via teleconference  from Anchorage in opposition to                                                            
the bill. She referenced  written testimony she had submitted. [Copy                                                            
on file.] She stressed  that the Alaska Civil Liberties Union (ACLU)                                                            
does  not oppose  technology,  but noted  that  fingerprinting  only                                                            
gives identification  information,  while DNA  gives the  government                                                            
much  more information.  She  pointed out  the high  value  Alaskans                                                            
place on  privacy, noting  there is  a privacy  clause in the  state                                                            
constitution.  She assured  that the ACLU position  is not  that DNA                                                            
sampling  should  never be  used,  but only  that  it  is used  when                                                            
justified, which  she stated does not include identifying  those who                                                            
may become  more  serious offenders  in  the future.  She noted  the                                                            
difference  between  crimes  against   property  and  those  against                                                            
persons. She  cited a newspaper article  that claims the  recidivism                                                            
rate  for burglars  is only  15 percent.  She stated  this does  not                                                            
demonstrate  an adequate need to justify  the means. She  spoke to a                                                            
house bill  that goes even  further and provides  the collection  of                                                            
DNA samples  for relatives  of missing  persons.  She did not  doubt                                                            
that  Senator  Halford   and  Representative  Murkowski   have  good                                                            
intentions but  that the ACLU is concerned with setting  a precedent                                                            
of  retaining  personal  data  that  would  provide  more  and  more                                                            
information as technology continues to advance.                                                                                 
                                                                                                                                
JOAN HAMILTON,  testified via teleconference from  Bethel, that this                                                            
legislation  reminds her of  the sentiments  of the 1950s and  1960s                                                            
when  the Natives  were considered  genetically  and intellectually                                                             
inferior. She spoke of  the high percentage of Natives in the Alaska                                                            
prison   system.  She  suggested   further   investigation   of  the                                                            
correlation  between burglary  and other,  more violent crimes.  She                                                            
asserted  she is opposed  to this bill and  suggested that  although                                                            
burglary may  be considered a gateway  crime in the Lower  48, it is                                                            
not necessarily so in Alaska.                                                                                                   
                                                                                                                                
DEL  SMITH,  Deputy   Commissioner,  Department  of   Public  Safety                                                            
responded to Senator Austerman's  question regarding the cost of the                                                            
services. He explained  an increment in the proposed FY 02 operating                                                            
budget addresses  evidence collected  at crime scenes and  processed                                                            
to compare  against the DNA database.  He shared the department  was                                                            
successful in  receiving federal funding for the next  several years                                                            
to address a backlog of  DNA processing. He noted the department has                                                            
contracted with a private  laboratory to perform this work, which he                                                            
said is  a better  use of funds  then outsourcing  crime scene  data                                                            
collection.                                                                                                                     
                                                                                                                                
Senator Ward  asked what  happens to the  stored DNA information  of                                                            
offenders after they have paid their debt to society.                                                                           
                                                                                                                                
Mr.  Smith noted  statutes  adopted in  1996 allows  collection  and                                                            
retention of  a DNA sample for convicted  offenders except  when the                                                            
conviction  is  reversed,  in which  case,  the DNA  information  is                                                            
removed from  the database. Therefore,  he said the DNA information                                                             
would be retained in most cases.                                                                                                
                                                                                                                                
Senator Ward asked if this is due to a federal requirement.                                                                     
                                                                                                                                
Mr. Smith responded  that there is  no federal requirement  although                                                            
Alaska  does participate  in a  national database.  He stressed  the                                                            
federal funding  referenced above  is intended only for the  purpose                                                            
of reducing  the backlog.  He again referred  to the 1996 state  law                                                            
allowing retention of DNA information indefinitely.                                                                             
                                                                                                                                
Senator  Leman moved  to  adopt the  Department  of Administration,                                                             
Legal and Advocacy  indeterminate  fiscal note dated March  9, 2001.                                                            
                                                                                                                                
There was no objection and the fiscal note was ADOPTED.                                                                         
                                                                                                                                
Senator Leman  offered a  motion to move from  Committee SB  99, 22-                                                            
LS0490\C, with accompanying  zero fiscal note from the Department of                                                            
Public Safety,  and aforementioned  fiscal note from the  Department                                                            
of Administration.                                                                                                              
                                                                                                                                
Without objection, the bill MOVED from Committee.                                                                               
                                                                                                                                
AT EASE 10:23 AM / 10:24 AM                                                                                                     
                                                                                                                                

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