Legislature(1997 - 1998)
05/02/1997 03:44 PM Senate JUD
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SENATE JUDICIARY COMMITTEE
May 2, 1997
3:44 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Drue Pearce, Vice-chair
Senator Mike Miller
Senator Sean Parnell
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 153(FIN)
"An Act relating to the eligibility of aliens for state public
assistance and medical assistance programs affected by federal
welfare reform legislation; and providing for an effective date."
PASSED CSHB 153 (FIN) FROM COMMITTEE WITH INDIVIDUAL
RECOMMENDATIONS
SENATE BILL NO. 132
"An Act relating to registration of sex offenders and central
registry of sex offenders; relating to access to, release of, and
use of criminal justice information and systems; relating to
notices concerning sex offender registrants; and providing for an
effective date."
HEARD AND HELD
SPONSOR SUBSTITUTE FOR SENATE JOINT RESOLUTION NO. 30
Relating to the defense of Alaska from offensive nuclear attack.
PASSED SSSJR 30 FROM COMMITTEE WITH INDIVIDUAL RECOMMENDATIONS
PREVIOUS SENATE COMMITTEE ACTION
HB 153 - No previous Senate committee action.
SB 132 - See Senate Health, Education & Social Services Committee
minutes dated 3/24/97 and 4/16/97.
SJR 30 - No previous Senate committee action.
WITNESS REGISTER
Elmer Lindstrom
Special Assistant
Department of Health & Social Services
P.O. Box 110601
Juneau, AK 99811-0601
POSITION STATEMENT: Supports CSHB 153 (FIN)
Laura Chase
Senate Judiciary Committee Aide
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Explained the proposed CSSB 132(JUD).
Anne Carpeneti
Assistant Attorney General
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
POSITION STATEMENT: Commented on SB 132.
Sandy Perry-Provost
Special Assistant
Department of Public Safety
P.O. Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Commented on SB 132.
Jerry Luckhaupt
Legal Counsel
Legal and Research Division
Legislative Affairs Agency
POSITION STATEMENT: Discussed provisions of SB 132.
ACTION NARRATIVE
TAPE 97-33, SIDE A
Number 00
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:45 p.m. and announced the presence of Senators Pearce,
Miller, and Parnell. The first order of business before the
committee was HB 153.
HB 153 ALIENS AND ASSISTANCE PROGRAMS
ELMER LINDSTROM , Special Assistant to the Commissioner of the
Department of Health and Social Services (DHSS), stated the
Department supports HB 153.
CHAIRMAN TAYLOR explained HB 153 brings Alaska into compliance with
federal law and provides for continued assistance payments to those
people who arrived here prior to the federal cutoff date. The only
people who will be deprived by HB 153 are those people who arrive
in the United States as aliens after the date set by Congress.
SENATOR ELLIS arrived.
MR. LINDSTROM agreed with Chairman Taylor.
There being no further testimony, SENATOR PEARCE moved CSHB
153(FIN) from committee with individual recommendations. There
being no objection, the motion carried.
CHAIRMAN TAYLOR thanked Mr. Lindstrom for his sterling testimony
and candid answers to the committee's questions.
At 1:49 p.m. CHAIRMAN TAYLOR announced the Senate Judiciary
Committee would recess to a call of the Chair.
CHAIRMAN TAYLOR called the Senate Judiciary Committee meeting back
to order at 3:44 p.m. Present were Senators Taylor, Miller, and
Parnell. The committee took up SB 132.
SB132
SB 132 CRIMINAL JUSTICE INFO, INCL. SEX OFFENDER
LAURA CHASE , committee aide, explained the proposed committee
substitute brings Alaska law into compliance with federal law (the
Wetterling Act) and enables it to receive funds in the amount of
$200,000 but eliminates some provisions in the original bill that
are unnecessary for compliance; Sections 12, 14, 15, and 16. It
also eliminates the provisions covering criminal history records in
Section 2,3,4,5,6 and 7. Essentially, it leaves the requirements
in the bill to comply with the Wetterling Act in regard to sex
offender registration, adds language for kidnapping, and maintains
the Commissioner's responsibility to fingerprint, photograph and
register the sex offender prior to release from a correctional
institution.
MS. CHASE noted the original bill changed the registration
requirement to 15 years following the registration. Legal staff
advised that a sex offender could be released from the reporting
obligations prior to the expiration of the 15 years. The committee
substitute changes the reporting requirement back to 15 years
following unconditional release.
CHAIRMAN TAYLOR asked if a sex offender could be released without
having to register. MS. CHASE answered the offender would have to
register, but the required date to register would change.
Number 151
SENATOR PARNELL asked which section pertains to unconditional
discharge. MS. CHASE answered Section 10 says the registration
time length is 15 years, but if a prisoner was released earlier for
good time, the period of registration could change.
CHAIRMAN TAYLOR asked what the effect will be of deleting that
provision.
ANNE CARPENETI , Assistant Attorney General, Department of Law,
informed the committee that Diane Shenker was available via
teleconference to explain the unconditional release provision. Ms.
Carpeneti advised that it is a crime for a registered sex offender
to not report annually to the Department so it is important to know
what the specific dates of one's registration period is. The term
"unconditional discharge" was replaced in the bill with more
specific language to enable DPS to calculate accurate dates for the
registration period. She clarified that it is a misconception that
using the registration date, rather than the unconditional
discharge date, will shorten the registration period.
SANDY PERRY-PROVOST , Special Assistant to the Commissioner of the
Department of Public Safety (DPS), informed committee members Ms.
Shenker was unable to participate via teleconference but provided
written examples to be photocopied for committee members relating
to the problems associated with calculating the registration time
period using the unconditional discharge date.
MS. CARPENETI repeated that the changed language will provide both
DPS and the offender with accurate knowledge of the registration
dates and requirements, and that the offender will be committing a
class A misdemeanor if he/she does not report annually. The
changed language will clarify the dates for both parties. She
explained using the unconditional discharge dates makes for a very
difficult calculation. She added that the section also provides a
mechanism for obtaining FBI records that need to be used in the
calculation not currently available to the State. Ms. Carpeneti
agreed with Ms. Chase's testimony that SB 132 is the result of an
effort to comply with the Wetterling Act and maintain Alaska's
eligibility for funds. SB 132 does pertain to child kidnappers,
although they are not named as such.
Number 244
SENATOR PARNELL asked if Section 10 from SB 132 was deleted in the
committee substitute. MS. CARPENETI replied yes, the provision
that eliminated the phrase "unconditional discharge" date was
changed in the committee substitute.
SENATOR PARNELL asked if that section was retained whether the
phrase "child kidnapper" should be added back as well. MS.
CARPENETI responded she would prefer to use the word "offender" and
then define those required to register as either a sex offender or
child kidnapper. She repeated her concern about making offenders
liable for a crime for not reporting when it is so difficult to
calculate accurate dates.
MS. CARPENETI thought the provision in the committee substitute is
similar to the original bill in terms of the sex offender
registration, but it does not address the problem of using the
unconditional discharge date for the criminal justice records
system, AS 12.62.
Number 274
CHAIRMAN TAYLOR asked if the phrase "unconditional release" is use
in that statute. MS. CARPENETI said in SB 132 that term was
eliminated for sex offender registration, and for AS 12.66.
CHAIRMAN TAYLOR questioned whether, under the original bill, the
clock would start running when the offender starts serving the
sentence. MS. CARPENETI did not believe so and stated the intent
was that it would start running upon release.
CHAIRMAN TAYLOR asked whether release is considered the date of
unconditional discharge. MS. CARPENETI said the unconditional
release date is not the same date as release from prison. CHAIRMAN
TAYLOR commented the prisoner could be under some supervisory
status, such as serving time in a community work program or
probation, and under the original bill, the 15 years would have
started running. MS. CARPENETI replied that is possible.
CHAIRMAN TAYLOR said the committee substitute stretches the time
period further, because the clock does not start running until the
time of unconditional release. MS. CARPENETI said that is correct
in some situations, incorrect in others. Using the date of
registration for 15 years can be longer than using the date of
unconditional discharge but that is where the calculation problems
occur.
CHAIRMAN TAYLOR explained when drafting the committee substitute he
was looking for terminology that everyone could understand as far
as the required date of registration, and require the registration
to run from 15 years forward. MS. CARPENETI replied she attempted
to do that in SB 132. She suggested that rather than use the
phrase "unconditional release" the provision could specify the
registration date begins after the date of supervised probation.
CHAIRMAN TAYLOR commented he still did not see the substantive
difference between the two versions. MS. CARPENETI answered SB 132
provides that an offender must register for 15 years when released
from incarceration. The committee substitute provides an offender
has to register for 15 years from the date of unconditional
release. The problem with unconditional release is that there are
many variables as to that date. One of those variables is multiple
sentences, and it is virtually impossible to program all of the
variables on a computer.
Number 329
SENATOR PARNELL asked if the bill could include both propositions
and require the longer one to be used. MS. CARPENETI responded she
has no philosophical objection to that however one proposition will
be pinned to a date that is very complicated to calculate.
MS. PROVOST said the unconditional discharge date is extremely
confusing and she asked committee members to refer to Ms.
Schenker's written examples photocopied by the committee aide. DPS
felt it would be in the state's best interest to simplify the
calculation to prevent any liability.
SENATOR PARNELL asked if a person fails to register and then is
caught ten years later under the committee substitute that person's
registration would be for a shorter period of time. CHAIRMAN
TAYLOR answered the registration period would toll during the time
the person failed to register under both versions.
JERRY LUCKHAUPT , attorney with the Division of Legal Services,
explained that under SB 132, an offender must register when
convicted but not sentenced to a term of imprisonment, when
released from incarceration, or when entering the State through an
interstate compact for supervision of parolees. The duration runs
15 years from that date. The committee substitute follows current
law adopted in 1994. The 15 years begins on the date the offender
finishes serving his/her sentence including good time, so that if
a person was given a 15 year sentence, served 10 and was given 5
years for "good time," after the good time was up the 15 year
registration would begin. The offender would actually be
registered for a total of 20 years. The idea behind that approach
was to ensure that there would be a long time period of
registration when offenders were not supervised. At that time the
Legislature rejected the approach of an overall 15 year
registration with the thought that the sex offender might act
differently while under probation. He acknowledged the Department
of Corrections (DOC) has had difficulty determining the date of
unconditional release but the felon is always notified of that date
because on that date voting and other rights are re-established.
CHAIRMAN TAYLOR clarified the committee substitute would extend the
period beyond that under current practice. MR. LUCKHAUPT agreed.
MS. CARPENETI repeated it would extend it in some cases, but
shorten it in others but she deferred to Ms. Shenker's expertise to
explain how.
Number 413
SENATOR PARNELL asked if a concern with changing the language in
the committee substitute is the possible loss of funds under the
Wetterling Act that is a two-tiered system requiring registration
for 10 years.
MS. CARPENETI did not believe so, but noted the committee
substitute expands the group of people who have to register for
life. The Wetterling Act recommends that states adopt a two-tier
registration system. Certain sex offenders who are not predators
must register for 10 years; predators must register until they
cease to be predators. The Wetterling Act recommends states
establish a statewide board of experts in the treatment of sex
offenders to examine all convicts and make recommendations to the
sentencing court before sentencing. The court uses the
recommendation when determining a sentence. The offender can try
to convince the same board at a later date that he is no longer a
predator and then the board can make such a recommendation to the
sentencing court who must then determine a date when that behavior
ceased. This process has been very problematic for other states
because it is expensive, the liability issues are staggering, and
because treatment for sex offenders has not been very successful.
Alaska already has a two-tier system and the Department of Law felt
it would be better to add to the list of people who must register
for life rather than create a statewide board. Currently a
predator must verify his address every 90 days with a state agency.
New guidelines have been developed for the Megan's Act which
specifically recognize the approach Alaska has taken to avoid
setting up the board.
CHAIRMAN TAYLOR said the committee substitute recognizes that as
well. MS. CARPENETI said she thought it did but had not had time
to do a thorough review of the committee substitute.
MR. LUCKHAUPT said that although the calculation may be complex for
the DPS, the phrase "unconditional discharge" is used throughout
the statutes and that date is necessary for eligibility for many
things so it has to be supplied. He assumed any felony offender
would want a certificate of unconditional discharge so that he/she
could apply for a permit for a concealed handgun or to serve on a
jury.
MR. LUCKHAUPT thought the onus could be put on the offender to
register with the department and supply proof that the offender has
been unconditionally discharged for 15 years. That approach would
remove any liability and burden from the State. Although it may
not be easier for DPS, an advantage to that approach is that if the
offender's parole is revoked and he/she returns to prison, the
remainder of that sentence will not count under the 15 years, which
could occur under SB 132.
MS. CARPENETI felt a tolling provision for any period of
reincarceration for the original offense could easily be included
in SB 132.
CHAIRMAN TAYLOR said his intent was to not allow for shorter
periods of registration because it was more convenient to DPS. He
believed the convenience should be to the public and the burden on
the offender, rather than DPS.
On another note, CHAIRMAN TAYLOR commented the original bill
contains a relaxation of the requirements on the Commissioner's
participation in the registration of sex offenders and leaves the
requirement up to the individual. He asked why that change was
suggested. MS. CARPENETI explained that currently the Department
of Corrections makes sure it gets adequate fingerprints and
photographs of the offender, and informs the offender of the
registration requirement prior to release. The offender then goes
to DPS to actually register. SB 132 embodies what is current
practice. CHAIRMAN TAYLOR asked if SB 132 relieves the
Commissioner of any obligation and asked why we would want to do
that. MS. CARPENETI answered it relieves the Commissioner of DOC
and requires the offender to register himself because DPS has been
registering them all along. She suggested requiring DPS to
register the person before release from jail.
Number 541
CHAIRMAN TAYLOR cautioned that he has often seen the Administration
submit a bill to comply with changes to federal law, that includes
all kinds of other changes convenient for departments but
unnecessary for federal compliance. He asked Mr. Luckhaupt to
rewrite SB 132 to include only those changes necessary for federal
compliance to highlight the differences between the two bills.
MS. CARPENETI suggested fine tuning either version to encompass the
problems discussed. CHAIRMAN TAYLOR said he would recess the
meeting until the following day at 12:30 p.m. to provide time to
submit another draft. He noted he would like the bill to contain
the minimum amount of changes necessary and he does not want to
change the commissioner's requirement to participate in
registration unless that requirement is replaced with a more
effective system containing more teeth.
SJR 30 DEFENSE OF ALASKA FROM NUCLEAR ATTACK
CHAIRMAN TAYLOR explained SJR 30 was introduced because the new
strategic arms agreement with Russia that provides radar coverage
for the United States is based in North Dakota. That system has a
4,000 mile range which leaves Hawaii and Alaska unprotected. The
State of Alaska believed it would be included in the umbrella of
the United States defense coverage when the treaties were
negotiated.
SENATOR ELLIS asked who requested the resolution. CHAIRMAN TAYLOR
replied a person from MIT, a person from the State Department, Mead
Treadwell, and a representative from the Claremont Institute.
TAPE 97-34, SIDE B
SENATOR ELLIS asked if SJR 30 was intended as a jab at Alaska's
senior senator in his role as Chair of the Appropriations
Committee. CHAIRMAN TAYLOR said that it is not, and the Senator
strongly supports SJR 30 and would appreciate the State's support.
He did not believe anyone intentionally omitted Alaska and Hawaii.
SENATOR ELLIS commented it is surprising that Alaska was not
included since Senator Stevens has been on the Defense
Appropriations Subcommittee for years. CHAIRMAN TAYLOR thought
Senator Stevens was surprised, too, when he figured out what the
real plan was.
SENATOR MILLER moved SSSJR 30 from committee with individual
recommendations. There being no objection, the motion carried.
CHAIRMAN TAYLOR recessed the meeting at 4:30 p.m.
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