Legislature(1993 - 1994)
02/10/1993 01:00 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
February 10, 1993
1:00 p.m.
MEMBERS PRESENT
Rep. Brian Porter, Chairman
Rep. Pete Kott
Rep. Gail Phillips
Rep. Joe Green
Rep. Cliff Davidson
Rep. Jim Nordlund
MEMBERS ABSENT
Rep. Jeannette James, Vice-Chair
COMMITTEE CALENDAR
HJR 9: Proposing an amendment to the Constitution of the
State of Alaska prohibiting the imposition of
state personal income taxation, state ad valorem
taxation on real property, or state retail sales
taxation without the approval of the voters of the
state.
PASSED OUT WITH NO RECOMMENDATION
HB 69: "An Act relating to registration of and
information about sex offenders and amending
Alaska Rules of Criminal Procedure 11(c) and
32(b)."
HELD IN COMMITTEE FOR FURTHER CONSIDERATION
WITNESS REGISTER
REP. TERRY MARTIN
Alaska State Legislature
State Capitol, Room 411
Juneau, Alaska 99801-1182
Phone: 465-3783
Position Statement: Supported HJR 9
RESA JERREL
National Federation of Independent Businesses
9159 Skywood
Juneau, Alaska 99801
Phone: 789-4278
Position Statement: Supported HJR 9
DOUG WOOLIVER
Staff for the House Majority
Alaska State Legislature
Capitol Building, Room 24
Juneau, Alaska 99801-1182
Phone: 465-6846
Position Statement: Supported HB 69
COMMISSIONER LLOYD RUPP
Department of Corrections
P.O. Box 112000
Juneau, Alaska 99811-2000
Phone: 465-3376
Position Statement: Supported HB 69
C.E. SWACKHAMMER
Deputy Commissioner
Department of Public Safety
P.O. Box 111200
Juneau, Alaska 99811-1200
Phone: 465-4322
Position Statement: Supported HB 69
CINDY SMITH
Alaska Network on Domestic Violence and Sexual Assault
419 Sixth Street
Juneau, Alaska 99801
Phone: 586-3650
Position Statement: Supported HB 69
MARGOT KNUTH
Assistant Attorney General
Criminal Division
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
Phone: 465-3428
Position Statement: Discussed HB 69
PREVIOUS ACTION
BILL: HJR 9
SHORT TITLE: VOTER APPROVAL FOR NEW TAXES
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) MARTIN
TITLE: Proposing an amendment to the Constitution of the
State of Alaska prohibiting the imposition of state personal
income taxation, state ad valorem taxation on real property,
or state retail sales taxation without the approval of the
voters of the state.
JRN-DATE JRN-PG ACTION
01/04/93 23 (H) PREFILE RELEASED
01/11/93 23 (H) READ THE FIRST TIME/REFERRAL(S)
01/11/93 23 (H) STATE AFFAIRS,JUDICIARY,FINANCE
01/19/93 (H) STA AT 08:00 AM CAPITOL 102
01/21/93 (H) STA AT 08:00 AM CAPITOL 102
01/21/93 (H) MINUTE(STA)
01/23/93 (H) STA AT 08:00 AM CAPITOL 102
01/23/93 (H) MINUTE(STA)
01/26/93 (H) STA AT 08:00 AM CAPITOL 102
01/26/93 (H) MINUTE(STA)
01/30/93 (H) STA AT 08:00 AM CAPITOL 102
01/30/93 (H) MINUTE(STA)
01/30/93 (H) MINUTE(STA)
02/02/93 (H) MINUTE(STA)
02/03/93 209 (H) STA RPT 3DP 2DNP 2NR
02/03/93 209 (H) DP: VEZEY, SANDERS, KOTT
02/03/93 209 (H) DNP: ULMER, B.DAVIS
02/03/93 209 (H) NR: OLBERG, G.DAVIS
02/03/93 209 (H) -FISCAL NOTE (GOV) 2/3/93
02/03/93 209 (H) -ZERO FISCAL NOTE (REV) 2/3/93
02/10/93 (H) JUD AT 01:00 PM CAPITOL 120
BILL: HB 69
SHORT TITLE: SEX OFFENDER REGISTRATION
BILL VERSION:
SPONSOR(S): REPRESENTATIVE(S) BARNES,Ulmer,Phillips,
Nordlund,Porter,Olberg,James,B.Davis,Green,Sanders,
Toohey
TITLE: "An Act relating to registration of and information
about sex offenders and amending Alaska Rules of Criminal
Procedure 11(c) and 32(b)."
JRN-DATE JRN-PG ACTION
01/15/93 89 (H) READ THE FIRST TIME/REFERRAL(S)
01/15/93 90 (H) STATE AFFAIRS,JUDICIARY,FINANCE
01/27/93 169 (H) COSPONSOR(S): NORDLUND
01/29/93 183 (H) COSPONSOR(S): PORTER
02/01/93 202 (H) COSPONSOR(S): OLBERG, JAMES,
B.DAVIS
02/02/93 (H) STA AT 08:00 AM CAPITOL 102
02/02/93 (H) MINUTE(STA)
02/03/93 223 (H) COSPONSOR(S): GREEN, SANDERS,
TOOHEY
02/04/93 (H) STA AT 08:00 AM CAPITOL 102
02/06/93 (H) STA AT 08:00 AM CAPITOL 102
02/06/93 (H) MINUTE(STA)
02/08/93 250 (H) STA RPT CS(STA) 4DP
02/08/93 251 (H) DP:VEZEY,SANDERS,ULMER,G.DAVIS
02/08/93 251 (H) -2 ZERO FNS (LAW, CORR) 2/8/93
02/10/93 (H) JUD AT 01:00 PM CAPITOL 120
ACTION NARRATIVE
TAPE 93-11, SIDE A
Number 000
The House Judiciary Standing Committee meeting was called to
order at 1:13 p.m. on February 10, 1993. A quorum was
present. CHAIRMAN PORTER acknowledged the presence of Rep.
Terry Martin and Department of Corrections Commissioner
Lloyd Rupp. Chairman Porter announced that the first order
of business was HJR 9, Voter Approval for New Taxes. He
called Rep. Martin to come forward and address the
committee.
HJR 9 - VOTER APPROVAL FOR NEW TAXES
Number 031
REP. TERRY MARTIN, PRIME SPONSOR OF HJR 9, thanked Chairman
Porter for promptly scheduling HJR 9. He explained that HJR
9 would give the citizens of Alaska a right that citizens of
many other states enjoyed: being part of the body that
determined taxation issues. He stated that Alaska's
constitution was quite restrictive regarding taxation
powers.
REP. MARTIN noted the growing awareness among Americans of
the powers of taxation, saying that through initiatives and
referenda, the voters were taking control of state budgets.
REP. MARTIN commented that in most states, 2/3 of each house
of the legislature had to approve a tax. However, in
Alaska, only a simple majority was required. He said fifty
percent of states that required a super-majority of each
house to approve a tax also required voter approval of that
new tax.
REP. MARTIN stated that the power of taxation was a
balancing act between legislators and the people. He said
people did not mind paying taxes as long as they knew that
their money was going to something worthwhile. He mentioned
that in the most recent election, there had been at least 13
amendments on various states' ballots that severely limited
legislators' powers of taxation.
Number 136
(Rep. Gail Phillips arrived.)
Number 147
REP. GREEN asked about who had the powers of taxation in
other states.
Number 160
REP. MARTIN replied that most states required the vote of a
super-majority of both houses of the legislature. In
contrast, HJR 9 would only require a simple majority vote of
both houses, plus approval of the voters.
Number 200
CHAIRMAN PORTER asked Rep. Martin to explain his comment
that the public did not mind being taxed, so long as the tax
was going to be spent on something worthwhile, in light of
the state's prohibition on dedicated taxes.
Number 220
REP. MARTIN replied that although taxes could not be
dedicated, legislators would feel obligated to spend tax
funds on certain programs, according to the will of the
voters.
Number 250
REP. PHILLIPS commented that she had met with Judge Stewart,
one of the framers of the Alaska constitution, the day
before. They had discussed the legislature's role in
determining taxation and the importance of the legislature
not giving up that responsibility. She commented that at
times the public jumped on the bandwagon about certain
issues without undertaking the thorough review of those
issues that the legislature did. She asked Rep. Martin if
he had discussed HJR 9 with Judge Stewart.
Number 271
REP. MARTIN responded that although he had spoken with Judge
Stewart about other issues, they had not discussed HJR 9.
Rep. Martin said he differed with the judge on the issue of
the people controlling taxation.
(Rep. Nordlund joined the committee.)
Number 314
REP. PHILLIPS asked if Rep. Martin had looked into granting
the public the right to rescind a tax.
Number 323
REP. MARTIN replied that such a proposal would probably need
to be addressed in another piece of legislation. He
mentioned the state of California's now-defunct "crazy
cracker" tax, which was rescinded by the voters.
REP. MARTIN said that he did not believe that legislators
did a better job than the people in deliberating the issues.
He stated that Alaska was rife with educated people who
discussed issues before them on the ballot.
Number 371
REP. NORDLUND asked Rep. Martin how many other states had
provisions similar to HJR 9 in their constitutions.
REP. MARTIN replied that approximately 50 percent of the
states allowed the voters to approve taxation. Before that
approval, however, about 80 percent of the states required a
2/3 vote of each house of the legislature.
Number 391
REP. NORDLUND asked if HJR 9 pertained to the imposition of
new taxes or the raising of existing taxes.
Number 399
REP. MARTIN replied that HJR 9 pertained to raising personal
taxes or imposing a new personal tax. He noted that the
resolution had nothing to do with corporate taxes or any
other taxes, except for those that impacted an individual's
income.
Number 404
REP. NORDLUND said that he was concerned that individuals
could not get adequate information on which to base their
votes for or against a tax. He noted that taxation issues
were often very complex. He commented on the superficiality
of campaign issues and said that he was skeptical about the
ability of the public to glean substantial, meaningful
messages from a 30-second television commercial.
Number 425
REP. MARTIN commented that the voters of Alaska must be very
intelligent as they had elected both himself and Rep.
Nordlund. He said that Alaskans discussed the issues among
themselves, citing the constitutional convention ballot
question as an example.
Number 450
CHAIRMAN PORTER asked Rep. Martin if this proposal had been
before the legislature in past years.
Number 454
REP. MARTIN responded that he had introduced the resolution
for the past six or eight years.
Number 457
CHAIRMAN PORTER asked Rep. Martin how far along in the
legislative process his proposal had gotten in the past.
REP. MARTIN replied that where HJR 9 was today was the
furthest that his proposal had ever been in the legislative
process.
Number 478
RESA JERREL, representing the NATIONAL FEDERATION OF
INDEPENDENT BUSINESSES (NFIB), testified in support of HJR
9. She commented that she had asked the NFIB members, in an
annual poll, if the state should increase taxes or decrease
spending. She said 93 percent of respondents answered that
the state should decrease spending. She stated that in 1990
a poll question regarding reimposition of the personal
income tax had resulted in 80 percent of respondents voting
against the proposal.
Number 497
MS. JERREL commented that the year before, a representative
from Fairbanks had introduced a series of income tax bills.
She said that in response to an alert she issued to her
members about a gross receipts tax, she received two and
one-half pounds of faxes and letters urging the legislature
to oppose the tax. She said that the gross receipts tax
bill was not difficult to understand. She added that people
could be educated through various means.
Number 526
CHAIRMAN PORTER asked Ms. Jerrel if her poll question bore a
direct correlation to HJR 9.
Number 531
MS. JERREL responded that her poll did not include a
question specifically relating to HJR 9, but she believed
there to be an indirect correlation between the poll
question and Rep. Martin's resolution.
Number 537
REP. PHILLIPS asked Ms. Jerrel if her organization had ever
discussed the ability of the public to rescind taxes.
Number 541
MS. JERREL replied that she did not recall any poll
questions on the subject being asked since 1985.
Number 550
REP. GREEN made a motion to pass HJR 9 out of the Judiciary
Committee with individual recommendations.
Number 553
Hearing no objection, CHAIRMAN PORTER ordered that HJR 9 be
moved out of committee with individual recommendations.
Number 558
CHAIRMAN PORTER announced that HB 69 was now before the
committee.
HB 69 - SEX OFFENDER REGISTRATION
DOUG WOOLIVER, STAFF TO THE HOUSE MAJORITY, spoke on behalf
of HB 69's SPONSOR, SPEAKER RAMONA BARNES, who was unable to
be present. He said that HB 69 would require sex offenders
to register with the Alaska State Troopers, and HB 69 would
cover not only those people convicted of sex offenses in
Alaska, but also those convicted of sex offenses in other
states. He noted that the bill was retroactive to cover
crimes committed from five to ten years earlier, depending
on the severity of the crime.
Number 593
MR. WOOLIVER stated that the bill provided that new Alaska
residents had 45 days in which to register with the state
troopers. Current Alaska residents would have 30 days in
which to register, he added. He said that Speaker Barnes
requested that the committee look at shortening those time
periods. He stated that when an offender registered, he or
she would provide a name, address, place of employment, date
of birth, crime for which they were convicted, date of
conviction, place and court of conviction, length of
sentence, fingerprints, photograph, driver's license number,
and any aliases they had used. He said that with the
exception of the fingerprints, photograph, driver's license
number, and aliases, this registration information would be
available to the public.
Number 612
MR. WOOLIVER cited the tremendously high rate of sex
offenses in Alaska. He said Alaska led the nation in child
sexual abuse and was second in the nation in terms of sexual
assaults in general. He commented that many people came to
Alaska to get away from their pasts. He cited a California
study that found a very high recidivism rate for sex
offenders. Because of the high rate of sex offenses in
Alaska and the high rate of recidivism, he said, it was
important that information on the offenders be accessible to
the public.
Number 652
MR. WOOLIVER said currently, limited information on sex
offenders was available. However, that was only in the case
of job applicants or those who held jobs where they
supervised or disciplined children. Mr. Wooliver noted HB
69 would greatly increase the availability of information on
convicted sex offenders.
Number 668
MR. WOOLIVER commented that HB 69 would aid in the
apprehension of perpetrators. He said 18 states had sex
offender registration laws in place, 11 of which had been
enacted since 1985.
Number 686
REP. GREEN asked how the law could be enforced when
convicted sex offenders entered Alaska from other
jurisdictions.
Number 697
MR. WOOLIVER replied that HB 69 provided for penalties for
not registering with the state troopers. He said a proposed
change would tighten up the penalty section of the bill.
Currently, he acknowledged, the law would be difficult to
enforce; but it was a step in the right direction.
Number 724
REP. GREEN asked why the photograph of a convicted sex
offender would not be made public, along with much of the
other registration information.
Number 735
MR. WOOLIVER responded that the bill could be amended so as
to make photographs public. He noted that there might be
right to privacy concerns surrounding the public
dissemination of photographs.
Number 745
REP. GREEN asked if a court might strike down a law making
photographs of convicted sex offenders public information.
Number 748
MR. WOOLIVER expressed an opinion that the law might be less
likely to stand up to a court challenge if it included the
public dissemination of photographs of convicted sex
offenders.
CHAIRMAN PORTER mentioned Alaska's constitutional right to
privacy.
TAPE 93-11, SIDE B
Number 000
CHAIRMAN PORTER asked Mr. Wooliver why sex offenders should
register for a limited amount of time (five or ten years),
instead of for the rest of their lives.
Number 022
MR. WOOLIVER responded that Speaker Barnes would not mind
increasing the amount of time during which offenders were
required to register. He said many states had lifetime
registration requirements. The only way that an offender
could be released from registration requirements in those
states would be to petition the court.
Number 031
CHAIRMAN PORTER stated that representatives of the
Departments of Public Safety and Corrections would address
the committee later.
Number 039
REP. PHILLIPS notified the committee that during a recent
district teleconference her constituents had asked why new
residents of Alaska were given such a lengthy period in
which to register.
Number 060
MR. WOOLIVER outlined the changes that had been made to HB
69 in the House State Affairs Committee. He called the
members' attention to the last sentence on page 1 of the
bill, which raised the penalty for failing to register for
those who had been convicted of the more serious sex
offenses. He also noted that the time periods in which
offenders were given to register had been shortened from 45
days to 14 days for non-Alaska residents, and from 30 days
to seven days for Alaska residents. He noted that parolees
under the Interstate Compact on Probation and Parole program
had seven days in which to register.
Number 095
MR. WOOLIVER noted a change on page 3, section (c), which
held that if an offender was unable to register with the
Alaska State Troopers, he or she could register with a
municipal police department. An earlier version of HB 69
had said that if an offender lived 50 miles or more from an
Alaska State Trooper station, he or she could register with
a municipal police department. He said the change had been
made because state troopers were occasionally not in their
stations for days at a time, as they were accompanying
prisoners and performing other duties.
Number 117
MR. WOOLIVER stated that a small, technical change had been
made to the section of the bill pertaining to the Central
Registry of Sex Offenders. Whereas an earlier version of HB
69 had said that the Alaska State Troopers would maintain
the registry, the current work draft now provided that the
Department of Public Safety would do that.
Number 127
REP. KOTT asked Mr. Wooliver about the possibility of
enacting a lifetime registration requirement, and of
including offenses committed more than ten years prior to
passage of HB 69.
MR. WOOLIVER responded that as a practical matter, the state
might only be able to go back a certain number of years due
to the difficulty of accessing old records.
Number 156
REP. KOTT asked Mr. Wooliver about a convicted sex offender
who had served a jail sentence, successfully completed
probation or parole, and was faced with a new requirement
that he or she register with the state. He asked if HB 69
would be considered an "ex post facto" law.
Number 166
MR. WOOLIVER replied that he did not believe that HB 69 was
an ex post facto law. He said the prohibition against ex
post facto laws meant that laws could not be passed that
increased the penalty for a crime that had already been
committed. He said that the courts, when determining
whether a law violated the ex post facto provision, looked
at whether the law was punitive or regulatory. If laws were
punitive, then they received an ex post facto analysis. He
said HB 69 was a regulatory action and therefore did not
violate the prohibition of ex post facto laws. He added
that changing the bill to require lifetime registration
would not change that fact.
MR. WOOLIVER noted that for HB 69 the registration
requirement did not begin until the end of probation or
parole. He said the law was retroactive, as were similar
laws in other states.
Number 202
REP. GREEN asked Mr. Wooliver to clarify how HB 69 was
retroactive in relation to parole and probation periods.
Number 210
MR. WOOLIVER commented that, as the bill was currently
written, an offender who had committed a more serious sex
offense eight years before and was required, under HB 69, to
register for ten years, would be covered by the bill's
provisions. However, an offender who had committed a crime
requiring a ten-year registration period twelve years
earlier would not be covered by HB 69.
MR. WOOLIVER noted that if there was a lifetime registration
period, there would be a question as to whether or not
anyone ever convicted of a sex crime in another state would
also be required to register.
Number 224
REP. NORDLUND asked Mr. Wooliver if the misdemeanor crime of
failing to register was an ex post facto situation.
Number 233
MR. WOOLIVER replied that he did not believe so.
Number 243
CHAIRMAN PORTER asked Mr. Wooliver to ask HB 69's sponsor if
she were opposed to any of the changes that the committee
proposed to make to the bill.
Number 246
COMMISSIONER LLOYD RUPP, from the DEPARTMENT OF CORRECTIONS,
testified in support of HB 69, as amended. He stated that
he supported lifetime registration for sex offenders. He
commented on his background of having run a sex offender
treatment program for three years. He said he had created a
sex offender treatment program for the U. S. Marine Corps
and had helped the Navy to develop its new sex offender
treatment program.
Number 250
COMMISSIONER RUPP mentioned that research had shown that,
particularly in the case of pedophiles, for every known
perpetration, another 150 were not reported. He noted that
some sexual deviances were lifelong. For that reason, he
said, he strongly supported lifetime registration.
Number 283
COMMISSIONER RUPP said that research demonstrated that
people who molested children often went on to commit other
sex crimes. He reiterated the department's support for HB
69. Commissioner Rupp commented that sexual deviants had a
lifetime problem, similar to alcoholics or drug addicts. He
said HB 69 would send a strong signal that society
recognized the lifetime nature of their problem and intended
that the perpetrators also recognize that.
Number 315
CHAIRMAN PORTER asked Commissioner Rupp if he had ever come
across a pedophile who had been rehabilitated.
Number 320
COMMISSIONER RUPP replied that one should never bank on a
sadistic, fixated pedophile. However, he said, some people
who committed pedophilic acts could control their problem,
in his opinion. He commented that in his personal
experience he had never come across a rehabilitated
pedophile. He noted that it did not hurt to register sex
offenders and would aid law enforcement.
Number 376
DEPUTY COMMISSIONER C.E. SWACKHAMMER, of the DEPARTMENT OF
PUBLIC SAFETY, commented that his department supported HB 69
because of its deterrent effect and because it would aid law
enforcement officials. He noted that the Alaska Chiefs of
Police Association also supported HB 69.
Number 388
REP. PHILLIPS asked Deputy Commissioner Swackhammer if an
increase in registration period lengths would cause the
department any difficulty.
Number 394
DEPUTY COMMISSIONER SWACKHAMMER replied that it would not
cause any difficulty.
Number 397
REP. PHILLIPS asked if Village Public Safety Officers
(VPSOs) would register sex offenders.
Number 401
DEPUTY COMMISSIONER SWACKHAMMER responded that VPSOs would
not register sex offenders, as they were not equipped with
photography and fingerprinting equipment. He said HB 69
held that sex offenders could register with municipal police
departments as well as state trooper stations because, in
some communities, troopers were away from their stations for
long periods of time.
Number 415
REP. PHILLIPS asked Deputy Commissioner Swackhammer how sex
offenders would be notified of their duty to register.
Number 421
DEPUTY COMMISSIONER SWACKHAMMER said the department planned
to advertise the requirement through the Court System, the
Department of Corrections, and the Division of Motor
Vehicles.
Number 423
REP. PHILLIPS asked if notification would be placed in
newspapers and on the radio as well.
Number 427
DEPUTY COMMISSIONER SWACKHAMMER replied that he had not
considered placing notices in the newspaper and on the
radio.
Number 429
REP. PHILLIPS said some people opposed HB 69 because they
feared that it would encourage vigilantism.
DEPUTY COMMISSIONER SWACKHAMMER responded that he had not
thought about the possibility of vigilantism. He added that
much would depend on how the registration program
information was disseminated. He said the purpose of the
regulations was to ensure that the department properly dealt
with Freedom of Information Act and Privacy Act issues.
Number 443
REP. PHILLIPS commented that one legislator had a
constituency that was very concerned about the vigilante
aspect of the bill.
Number 447
CHAIRMAN PORTER said that one response to that constituency
would be that people were being convicted of sex offenses in
Alaska all the time. He stated that he doubted that
vigilantism would start upon enactment of HB 69, given that
so many opportunities for it had existed in the past.
CHAIRMAN PORTER asked if Deputy Commissioner Swackhammer
would comment on possibly including a requirement that an
offender provide a blood sample as part of the registration
process.
Number 463
DEPUTY COMMISSIONER SWACKHAMMER commented that California
required sex offenders to provide blood and saliva samples.
He said he thought it would be helpful if a similar program
were in place in Alaska as well. However, he said, that
technology in the state crime lab was not yet sophisticated
enough to allow DNA testing. He stated that the department
should have the appropriate technology in place within two
to three years.
Number 475
CHAIRMAN PORTER asked if the department would support HB
69's inclusion of language allowing the department to
require blood and saliva samples from offenders when
appropriate technology was available.
DEPUTY COMMISSIONER SWACKHAMMER said the department would
support that.
REP. KOTT asked if the department would support registration
of anyone convicted of an unclassified felony.
Number 486
DEPUTY COMMISSIONER SWACKHAMMER replied that law enforcement
did have the ability to do that, to some extent. He added
that sometimes great volumes of data were a problem in and
of themselves in that there was no appropriate way to deal
with it all.
Number 502
CHAIRMAN PORTER asked if one opportunity for learning that
an unregistered sex offender was in the state would be the
normal course of records checks conducted by law enforcement
officials.
DEPUTY COMMISSIONER SWACKHAMMER said that for new residents
of Alaska it would be an opportunity.
Number 512
REP. NORDLUND mentioned a situation in Anchorage in which
neighbors had learned that a convicted sex offender had
moved into the neighborhood. He said the neighbors were
upset that police had not informed them that a convicted sex
offender was in the neighborhood. He said that neighbors
had found out about the sex offender because children had
been lured into the house and found inappropriate pictures
on the walls, which they reported to parents.
REP. NORDLUND noted that neighbors contacted authorities and
were finally able to pressure the man to move out of the
neighborhood. He asked Deputy Commissioner Swackhammer how
the neighbors would have found out that the man was a
convicted sex offender. Also, he wanted to know if HB 69
could provide for notification of community officials when a
sex offender moved into a neighborhood.
Number 531
DEPUTY COMMISSIONER SWACKHAMMER replied that neighbors could
have looked at court records, which were public documents.
Number 539
REP. NORDLUND asked how much of an improvement HB 69 was
over what currently existed in law, given that HB 69 would
not provide for notification of community officials.
Number 542
DEPUTY COMMISSIONER SWACKHAMMER commented that HB 69 was
geared toward law enforcement, in terms of having a central
registry of sex offenders. He said that the issue of
information dissemination would be addressed in the
regulations. He added that the regulations would be written
so as to comply with the Freedom of Information Act and the
Right to Privacy Act.
Number 558
REP. KOTT asked if HB 69 would encourage defendants to plead
guilty to lesser charges.
Number 568
DEPUTY COMMISSIONER SWACKHAMMER responded that he did not
think HB 69 would change the rate of plea bargaining.
TAPE 93-12, SIDE A
Number 000
CINDY SMITH, EXECUTIVE DIRECTOR OF THE ALASKA NETWORK ON
DOMESTIC VIOLENCE AND SEXUAL ASSAULT, testified in support
of HB 69. She said that it was rare for those in her
business to engage in pro-active responses to the problems
that they faced. She said the incidence of reported rape in
Alaska had gone up 91 percent in the past two years. She
added that there had been similar increases in child sexual
abuse as well.
MS. SMITH said that about 50 sex offenders were released
every year from Alaska's prisons. In 1993, however, 100
offenders would be released, she said. She commented that
most offenders were not treated in prison and many offenders
would re-offend when released.
MS. SMITH commented that for the most part, communities were
unaware of who offenders were. She said HB 69 would provide
access to that information for employers and concerned
community members. She added that HB 69 would provide for
more centralized data.
Number 071
MS. SMITH noted her concern over the continued rise in
sexual assault cases in Alaska. She said that for every
victim of a sex offense, the state paid over and over again
in terms of treatment for the victim, violent crime
compensation, prosecution, and jail time. She said that sex
offender treatment, in community models, encouraged the
tracking of offenders, wherein an offender's employer,
family, church members, et al, were informed of the
offender's problem. She noted that this monitoring
increased an offender's chances of not offending again.
Number 106
CHAIRMAN PORTER asked Ms. Smith if the increased rate of sex
offenses was due in part to enhanced reporting, or if it was
purely a higher number of offenses.
MS. SMITH replied that she did not believe that the rise was
due to enhanced reporting. She said that rates had been
declining steadily until 1989, but then began to increase.
Number 146
MARGOT KNUTH, ASSISTANT ATTORNEY GENERAL FOR THE DEPARTMENT
OF LAW'S CRIMINAL DIVISION, commented that the required
registration period began when probation ended. Therefore,
she said, for an unclassified, class A or class B felony sex
offense, registration would be at least fifteen years. She
noted that in the past, bills which increased the period of
probation that could be ordered for offenders had been
before the legislature.
MS. KNUTH commented that she felt there were legal issues
surrounding lifetime registration requirements. She said
that she had not researched the issue, but knew that the
Alaska Supreme Court sought to achieve a balance between the
legitimate purpose of a statute versus the constitutionally
required sentencing goal of rehabilitation of an offender.
REP. NORDLUND asked if there might be sex offenders in the
community who were not required to register because they
were on probation.
Number 201
MS. KNUTH replied that registration requirements began upon
an offender's release from prison. However, she noted that
the registration requirements set forth in HB 69 would not
begin to run until probation had been completed.
Number 215
CHAIRMAN PORTER announced that the bill would be held in
committee while additional changes were made to the
Judiciary committee substitute for HB 69. He said the bill
would come back before the committee when those changes had
been made.
Number 227
REP. KOTT commented that if HB 69 were to include lifetime
registration requirements, he would like to see a fiscal
note reflecting that change.
Number 233
CHAIRMAN PORTER told committee members to contact Judiciary
committee counsel, Gayle Horetski, if they had additional
changes to recommend.
ADJOURNMENT
CHAIRMAN PORTER adjourned the meeting at 2:39 p.m.
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