Legislature(2007 - 2008)BELTZ 211

03/05/2007 01:30 PM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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SB 7 FELONS' RIGHT TO VOTE
Heard & Held
* SB 89 ELECTRONIC MONITORING OF GANG PROBATIONER
Heard & Held
SB 36 SENTENCING FOR ALCOHOL-RELATED CRIMES
Scheduled But Not Heard
Bills Previously Heard/Scheduled
                  SB   7-FELONS' RIGHT TO VOTE                                                                              
                                                                                                                                
                                                                                                                                
CHAIR FRENCH announced the consideration of SB 7.                                                                               
                                                                                                                                
1:34:24 PM                                                                                                                    
THOMAS OBERMEYER, aide to Senator Davis, read the sponsor                                                                       
statement into the record as follows:                                                                                           
                                                                                                                              
     It is essential  to a democracy that  every citizen who                                                                    
     wishes  to  be  a   productive  member  of  society  be                                                                    
     afforded  the right  to vote.  Art. I,  Sec. 12  of the                                                                    
     Alaska    Constitution     provides    that    criminal                                                                    
     administration   is   based   on  the   "principle   of                                                                    
     reformation"  in  addition  to protecting  the  public,                                                                    
     community condemnation of the  offender, and the rights                                                                    
     of   victims.   Political  participation   helps   with                                                                    
     rehabilitation and reintegration into the community.                                                                       
                                                                                                                                
     SB 7  grants felons the  right and opportunity  to vote                                                                    
     if they  wish to exercise that  right immediately after                                                                    
     having  served their  time.  In  Alaska 5,000  Alaskans                                                                    
     have  lost  their  right  to  vote  because  of  felony                                                                    
     convictions.  Current  Alaska  law  bars  the  vote  to                                                                    
     persons convicted of felonies  of moral turpitude until                                                                    
     the  expiration  of   a  post-incarceration  period  of                                                                    
     parole or  probation, which is  often years  after they                                                                    
     have reentered  society as productive citizens  and tax                                                                    
     payers. While  Vermont and Maine do  not disenfranchise                                                                    
     felons at  all, other  states are reforming  their laws                                                                    
     to  allow  felons  to vote  either  after  release  (13                                                                    
     states), after  release and completion of  probation or                                                                    
     parole  (21  states  including  Alaska),  or  permanent                                                                    
     disenfranchisement to certain felons (14 states).                                                                          
                                                                                                                                
     Harsh  sentencing  laws over  the  past  30 years  have                                                                    
     allowed  the   prison  population  to   burgeon,  while                                                                    
     reducing  the rehabilitative  model to  an anachronism.                                                                    
     Over 4.7  million Americans  or 1  in 43  adults cannot                                                                    
     vote due  to felony  convictions, with  1/3 or  more of                                                                    
     them  due  to  alcohol  and  drug  offenses.  Of  those                                                                    
     incarcerated  in  Alaska  47   percent  are  white;  37                                                                    
     percent Alaska  Native; 11 percent African  American; 2                                                                    
     percent   Hispanic;   and   3   percent   Asian/Pacific                                                                    
     Islanders.   Minority  felons   are  disproportionately                                                                    
     disenfranchised  under  current  law and  the  harm  of                                                                    
     continued    disenfranchisement   after    release   is                                                                    
     exacerbated    by   stigma    and   other    forms   of                                                                    
     discrimination as they try to reenter society.                                                                             
                                                                                                                                
     SB  7   will  help  rehabilitate  released   felons  by                                                                    
     welcoming   them  back   into   the  voting   community                                                                    
     immediately  after  release  and  encouraging  them  to                                                                    
     become  good citizens.  Studies  show  that felons  who                                                                    
     vote  have  a  lower  rate of  recidivism.  SB  7  will                                                                    
     streamline  the process  by  which  the state  restores                                                                    
     voting rights to felons and thus will save money.                                                                          
                                                                                                                                
1:39:17 PM                                                                                                                    
SENATOR WIELECHOWSKI  recapped that  if someone is  released from                                                               
prison and is still on probation,  that person is not eligible to                                                               
vote.  Under SB  7 that  person would  be entitled  to vote  upon                                                               
release.                                                                                                                        
                                                                                                                                
MR. OBERMEYER said  correct and a primary reason for  the bill is                                                               
that enfranchisement  is rehabilitative.  Get them back  into the                                                               
community because they are with us anyway, he said.                                                                             
                                                                                                                                
SENATOR WIELECHOWSKI asked how house arrests would figure in.                                                                   
                                                                                                                                
MR.  OBERMEYER  replied the  Department  of  Corrections and  the                                                               
Division of  Elections would  need to  establish rules  to handle                                                               
such circumstances.                                                                                                             
                                                                                                                                
CHAIR FRENCH opened public testimony.                                                                                           
                                                                                                                                
1:41:22 PM                                                                                                                    
MARGARET  PUGH,   Former  Commissioner   of  the   Department  of                                                               
Corrections  and retired  state employee,  stated strong  support                                                               
for  SB 7  and  described the  issue as  emotional  for some  and                                                               
political for others.  Amendment 14 of the  US Constitution gives                                                               
each state  the right  to determine  who votes  and who  does not                                                               
vote and  clearly there is not  just one American way  to restore                                                               
voting rights, she stated.                                                                                                      
                                                                                                                                
Some states never restore the  right; some restore the right upon                                                               
petition of  the governor  for a pardon;  some restore  the right                                                               
after incarceration  regardless of probation or  parole; and some                                                               
states,  like  Alaska,  restore the  right  after  probation  and                                                               
parole  have been  served. She  noted that  in Alaska  almost all                                                               
felons  have some  period of  probation  and/or parole  following                                                               
release from incarceration.                                                                                                     
                                                                                                                                
MS. PUGH said  American democracy is an evolving  process. In the                                                               
early days the  elite governed and as a  result disabilities were                                                               
visited on  women, slaves, illiterates, and  non-property owners.                                                               
Those  legal  disqualifications  continued  for  years  and  some                                                               
states, notably in the south,  instituted other disabilities such                                                               
as the poll tax. Ms.  Pugh relayed that her great-grandfather had                                                               
to pay  poll taxes  and her great-grandmother  could not  buy her                                                               
own sewing machine.                                                                                                             
                                                                                                                                
The purpose of these disabilities  was clearly discriminatory and                                                               
fortunately  most  of those  practices  have  been overcome.  She                                                               
pointed  out that  today her  great-grandmother could  purchase a                                                               
sewing machine on  her own and she could vote.  Today there is no                                                               
more  slavery, there  are  no  more poll  taxes,  voters are  not                                                               
required  to  be  literate,  and  vision  or  hearing  is  not  a                                                               
requirement.  However, she  said, a  disability that  many states                                                               
have not  revisited, is  the one that  is visited  upon convicted                                                               
felons.                                                                                                                         
                                                                                                                                
MS. PUGH said she views SB 7 as  a first step because all it does                                                               
is restore  voting rights to  persons convicted of  felonies upon                                                               
release  from  custody;  they could  vote  before  probation  and                                                               
parole  is complete.  Because the  Alaska constitution  says that                                                               
voting rights are surrendered by  people convicted of felonies of                                                               
moral  turpitude, and  because most  felonies in  Alaska are,  by                                                               
definition,  considered to  be crimes  of  moral turpitude,  SB 7                                                               
would not restore voting rights to very many people, she stated.                                                                
                                                                                                                                
SB 7 does  not restore other forfeited civil  rights. For example                                                               
a  convicted felon  on  probation and/or  parole  must submit  to                                                               
search  of  a person,  home,  or  property  of any  sort  without                                                               
protection  of  a  warrant;  must  provide  urine  samples;  must                                                               
continue treatment; can  not work in certain fields;  and can not                                                               
bear arms.                                                                                                                      
                                                                                                                                
MS.  PUGH  pointed out  that  restoring  voting rights  does  not                                                               
present a  threat to any person,  place or thing. This  is a very                                                               
small thing for the legislature to  do, she said, but it's a huge                                                               
leap for American democracy. In  her view the current practice is                                                               
blatant racial discrimination and it is time for change.                                                                        
                                                                                                                                
1:50:58 PM                                                                                                                    
SENATOR McGUIRE agreed  with the previous testimony  and said she                                                               
has never understood why restoring  a felon's right to vote would                                                               
be problematic.                                                                                                                 
                                                                                                                                
She asked  Ms. Pugh to  comment on  testimony last year  from the                                                               
Department of  Corrections suggesting that it  would be difficult                                                               
to maintain a registry of  the different conditions of release to                                                               
show the people  who have their voting rights  restored and those                                                               
who do not.                                                                                                                     
                                                                                                                                
MS.  PUGH  replied  it  is   an  issue,  but  the  Department  of                                                               
Corrections  (DOC)  and  the   Permanent  Fund  Division  already                                                               
exchange  data bases  for forfeited  permanent fund  dividends so                                                               
the  technology  is  available  for   DOC  and  the  Division  of                                                               
Elections to  exchange data. There  will always be a  few issues,                                                               
but there is no reason they can't be overcome, she said.                                                                        
                                                                                                                                
SENATOR  McGUIRE asked  if she  believes  that rehabilitation  is                                                               
still a tenet of  the penal system. If so, how  large a part does                                                               
restoring voting rights play in the rehabilitation process.                                                                     
                                                                                                                                
MS. PUGH said  the very definition of correction  means to change                                                               
and correct  and not punish.  "I believe that  corrections should                                                               
have  treatment programs  of all  types and  offenders should  be                                                               
able to vote when they are released from custody," she stated.                                                                  
                                                                                                                                
1:57:34 PM                                                                                                                    
NATALIE  LANDRETH, Staff  Attorney, Native  American Rights  Fund                                                               
(NARF), stated strong support for  SB 7. The most critical reason                                                               
is  that  the  current   law  disproportionately  impacts  Alaska                                                               
Natives  because they  comprise  a disproportionate  part of  the                                                               
felon population. In 2004 a  study by the Alaska Judicial Council                                                               
concluded: that Alaska Natives were  overrepresented in the felon                                                               
population;  that Alaska  Natives receive  longer sentences  than                                                               
non-Natives; that Alaska Natives  typically have lower per capita                                                               
incomes than  non-Natives and can  not afford  private attorneys;                                                               
and that people  with private counsel generally  served less time                                                               
in prison  and on  parole and were  generally more  successful in                                                               
getting reduced charges.                                                                                                        
                                                                                                                                
MS. LANDRETH  said Alaska  Judicial Council  statistics highlight                                                               
the  following: 83  percent of  all  felons are  male, almost  50                                                               
percent are under  30 years of age, 50 percent  are Caucasian, 37                                                               
percent are Alaska  Native, 63 percent have  alcohol problems, 45                                                               
percent   have  drug   problems,  more   than  33   percent  have                                                               
identifiable  mental  health  problems,  and  almost  80  percent                                                               
financially qualified for a public defender.                                                                                    
                                                                                                                                
MS. LANDRETH,  responding to  a question  from the  state affairs                                                               
hearing, relayed  that "65  percent of  felons were  convicted of                                                               
class C felonies  with property crimes comprising  30 percent and                                                               
drug crimes 20 percent. Murder and  sexual assault by the way are                                                               
only 2 percent and 12 percent of these felons respectively."                                                                    
                                                                                                                                
In conclusion  she said  that the people  most likely  to benefit                                                               
from  the bill  are young  men who  need help  reintegrating into                                                               
society.  Re-enfranchising these  people after  they have  served                                                               
their sentence is a positive and empowering way to achieve that.                                                                
                                                                                                                                
2:02:16 PM                                                                                                                    
MICHAEL   MACLEOD-BALL,   Executive  Director,   American   Civil                                                               
Liberties Union  of Alaska  (ACLU), noted  that he  had submitted                                                               
written testimony. He  asked the committee to think  of the issue                                                               
of restoring voting rights in the  larger context of the right to                                                               
rehabilitation  under  the  state constitution.  The  people  who                                                               
would benefit  from this law are  the ones that the  court system                                                               
has said  are ready and  worthy of reentering society.  The scope                                                               
and  context of  rehabilitation  should encompass  the notion  of                                                               
giving  these people  a vote  of confidence  to exercise  a basic                                                               
right of citizenship - the right to vote.                                                                                       
                                                                                                                                
He suggested committee  members refer to the  December 2006 issue                                                               
of  the Alaska  Law Review.  It  contains a  relevant article  by                                                               
Christopher R. Murray titled  "Felon Disenfranchisement in Alaska                                                               
and the Voting Rights Act of 1965."                                                                                             
                                                                                                                                
2:05:24 PM                                                                                                                    
DANIEL LEVITAS,  American Civil Liberties  Union (ACLU),  said he                                                               
submitted written  testimony. His  work focuses  on the  issue of                                                               
felon enfranchisement  and in  the last 10  years 16  states have                                                               
taken positive  steps in this  direction. Of the  11,000 Alaskans                                                               
who  are  disenfranchised  as a  result  of  felony  convictions,                                                               
roughly 54 percent would be reenfranchised if SB 7 were to pass.                                                                
                                                                                                                                
MR. LEVITAS said  the issue enjoys bipartisan  support because it                                                               
is a  fundamental issue of  democratic participation,  rights and                                                               
community safety.  It's axiomatic that giving  former offenders a                                                               
stake  in society  will make  them feel  less inclined  to repeat                                                               
their behavior.  In fact,  one study shows  a clear  link between                                                               
voting behavior and lower re-arrest rates.                                                                                      
                                                                                                                                
MR. LEVITAS  echoed Ms.  Pugh's point that  SB 7  simply restores                                                               
the right to  vote in a narrow and specific  context. It does not                                                               
restore  full  civil  rights to  people  on  parole/probation  or                                                               
parole.  In  conclusion  he  said  SB  7  will  reduce  risks  to                                                               
communities by promoting the reintegration of ex-offenders.                                                                     
                                                                                                                                
CHAIR  FRENCH  noted  that Deputy  Commissioner  Peeples  sent  a                                                               
letter  dated March  1 responding  to  a question  raised at  the                                                               
previous hearing. The data shows  the numbers of probationers and                                                               
parolees  whose  last conviction  was  a  felony crime  of  moral                                                               
turpitude.  Unclassified  felonies are  the  most  serious and  C                                                               
felonies the least.                                                                                                             
     Unclassified Felony:       101                                                                                             
     A Felony:                  200                                                                                             
     B Felony:                  728                                                                                             
     C Felony:                1,640                                                                                             
                                                                                                                                
He asked Mr. Levitas if he  is aware of any state that conditions                                                               
the right to vote upon the severity of the crime.                                                                               
                                                                                                                                
MR.  LEVITAS replied  the  majority of  states  use the  simplest                                                               
scheme of  not distinguishing between  particular crimes,  but it                                                               
is  not  unheard   of  to  make  a  distinction   and  set  aside                                                               
enfranchising people who commit  violent crimes or crimes against                                                               
persons  until release  from probation  or parole.  The patchwork                                                               
approach can  be quite  confusing and  perhaps it  contributes to                                                               
the  fact that  most felons  who are  released from  jail believe                                                               
they can never vote again, he said.                                                                                             
                                                                                                                                
2:15:47 PM                                                                                                                    
CHAIR FRENCH found  no further public testimony  and announced he                                                               
would hold SB 7 in committee to look at possible modifications.                                                                 
                                                                                                                                
At ease                                                                                                                         
                                                                                                                                

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