Legislature(1997 - 1998)

04/24/1997 03:34 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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            SB 25 TELEPHONE VICTIM NOTIFICATION SYSTEM                         
            SB  26 APPROP: VICTIM NOTIFICATION SYSTEM                          
                                                                               
                                                                               
CHAIRMAN GREEN called the Senate State Affairs Committee to order              
at 3:34 p.m. and brought SB 25 and SB 26 before the committee as               
the first order of business.                                                   
                                                                               
SENATOR JOHNNY ELLIS, prime sponsor of SB 25 and SB 26, said in                
December 1993, Kentucky resident Mary Byron was murdered by her                
rapist just days after his release on bail.  Neither Mary nor her              
family were aware that Mary's attacker had been released.  Waiting             
for her outside a shopping mall, Donovan Harris shot and killed                
Mary Byron; it was her 21st birthday.  He said that although this              
tragic event didn't happen in Alaska, there are compelling stories             
from people in this state who faced the same of kind dilemma.                  
                                                                               
Senator Ellis stressed that proper and timely notification to                  
victims of violent crime about the release or escape of their                  
attackers is a serious problem, both nationally and in Alaska.  In             
1996, Alaska prisons and pretrial facilities housed 2,990 inmates,             
49 percent of whom were considered violent offenders.  He pointed              
out that each day over 600 concerned Alaskans call our state                   
institutions seeking information about the status of inmates.                  
                                                                               
Senator Ellis related that in order to keep crime victims informed             
of inmate status, a state-of-the-art computer system called Victim             
Information and Notification Everyday (VINE) was developed and is              
now in place in over 150 counties in 12 states.                                
                                                                               
VINE provides two important services which enhance the vital link              
of communication between the justice system and victims of violent             
crime:  (1) the system provides automatic notification phone calls             
to crime victims when an inmate status changes within 10 minutes of            
a change in the offender's status; and (2) it provides critical                
inmate information 24 hours a day, 7 days a week through the                   
automated telephone system.                                                    
                                                                               
Senator Ellis said he believes implementing VINE will increase                 
state compliance with the Victims' Bill of Rights, overwhelmingly              
passed by the people of Alaska in the 1994 election.  SB 25 is what            
he considers a piece of unfinished business on the victims' rights             
agenda.  He noted the legislation has strong support throughout the            
state, and he urged the committee's favorable consideration.                   
                                                                               
Number 090                                                                     
                                                                               
SENATOR GREEN asked if there was any change in the fiscal notes                
attached to the legislation.  SENATOR ELLIS responded that he                  
worked closely with the Department of Corrections to reduce the                
amount of the appropriation bill from $250,000 to $150,000 which is            
the bare bones start-up costs.  It is estimated that the ongoing               
operating cost would be about $90,000 a year.  He added that there             
may be a possibility in the future to apply for some federal funds             
to offset those costs.                                                         
                                                                               
Number 120                                                                     
                                                                               
JOHN RICHARD, Chief Municipal Prosecutor, Municipality of                      
Anchorage, related that his office prosecutes about 1,500 domestic             
violence cases a year.  His major concern is the portion of the                
Domestic Violence Act of 1996 which added to the bail statutes by              
requiring the correctional facility to notify his office of a                  
defendant's release and then they must take reasonable steps to                
immediately notify the alleged victim of the release.                          
                                                                               
Mr. Richard said his office receives faxes from all the                        
correctional institutions of a proposed release date, and it is                
burdensome to attempt to notify the victims with that, but it is               
something that they have just barely been able to manage.  He said             
there is no way, his office can make any meaningful compliance with            
the requirement to immediately notify the victim of a defendant's              
release on bail when that occurs in the early morning hours, which             
they usually do.  He believes that an automated system is the only             
way to meaningfully comply with the statute.                                   
                                                                               
Concluding, Mr. Richard said that when victims can be given more               
safety, more assurance and more information, they are more                     
cooperative with his office and they can be more effective in                  
prosecuting these offenses.                                                    
                                                                               
ARNE FRITZ, Victim Witness Coordinator, Domestic Violence Unit,                
Municipality of Anchorage, testifying in support of SB 25 and SB
26, said he is also a member of the Board of Directors for the                 
Abused Women's Aid in Crisis Center in Anchorage.  He pointed out              
that the vast majority of cases they deal with are misdemeanor                 
cases, and in misdemeanor cases, the sentences are not necessarily             
very long.  Bail conditions can sometimes change daily, and there              
is no ability to really keep track of what a person's bail                     
conditions are much less of when they make those bail conditions.              
He thinks it is vital that victims have the empowerment and the                
ability to get the immediate information when they need it.                    
                                                                               
Number 215                                                                     
                                                                               
ETHEL BARNZ of Eagle River related she was the winner of the "Send             
Me to Juneau Contest" sponsored by the Anchorage Daily News.                   
Testifying in support of SB 25 and SB 26, Ms. Barns stated she has             
been threatened, attacked and stalked, and this is still occurring.            
She said the VINE program is needed to keep her children and                   
elderly parents safe.  She found out that her attacker was lose by             
him attacking her parents' tenant a week after he got out of jail.             
She urged the committee's support for the legislation.                         
                                                                               
Number 225                                                                     
                                                                               
CHAIRMAN GREEN thanked Ms. Barnz for her testimony, and  related               
that her own sister went through a similar situation for months,               
and it was a very difficult time in their family.                              
                                                                               
Number 236                                                                     
                                                                               
SENATOR MACKIE moved SB 25 and SB 26 and the accompanying fiscal               
notes be passed out of committee with individual recommendations.              
Hearing no objection, it was so ordered.                                       

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