04/24/2025 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB167 | |
| SB19 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 167 | TELECONFERENCED | |
| += | SB 19 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 24, 2025
3:31 p.m.
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Bill Wielechowski
Senator Elvi Gray-Jackson
Senator Robert Yundt
MEMBERS ABSENT
Senator Jesse Bjorkman, Vice Chair
COMMITTEE CALENDAR
SENATE BILL NO. 167
"An Act relating to a permanent fund dividend for an individual
whose conviction has been vacated, reversed, or dismissed; and
relating to the calculation of the value of the permanent fund
dividend by including payment to individuals eligible for a
permanent fund dividend because of a conviction that has been
vacated, reversed, or dismissed."
- HEARD & HELD
SENATE BILL NO. 19
"An Act relating to the use and possession of electronic devices
by prisoners."
- MOVED SB 19 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 167
SHORT TITLE: CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
SPONSOR(s): SENATOR(s) KAWASAKI
04/10/25 (S) READ THE FIRST TIME - REFERRALS
04/10/25 (S) STA, JUD
04/24/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 19
SHORT TITLE: PRISONERS: ELECTRONIC DEVICE ACCESS/USE
SPONSOR(s): SENATOR(s) MYERS
01/22/25 (S) PREFILE RELEASED 1/10/25
01/22/25 (S) READ THE FIRST TIME - REFERRALS
01/22/25 (S) STA, JUD
03/11/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
03/11/25 (S) Heard & Held
03/11/25 (S) MINUTE(STA)
04/15/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
04/15/25 (S) Scheduled but Not Heard
04/24/25 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
SALLY RAFSON, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced SB 167.
JORY KNOTT, Executive Director
Alaska Innocence Project
Anchorage, Alaska
POSITION STATEMENT: Testified by invitation on SB 167.
BRIAN RIDLEY, Chief Chairman
Tanana Chiefs Conference
Fairbanks, Alaska
POSITION STATEMENT: Testified by invitation on SB 167.
SENATOR ROBERT MYERS, District Q
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented a summary for SB 19.
ROBERT FETTER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of SB 19.
DOREEN SCHENKENBERGER, CEO
Partners for Progress
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SB 19.
ACTION NARRATIVE
3:31:54 PM
CHAIR KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators, Gray-Jackson, Yundt and Chair Kawasaki.
Senator Wielechowski arrived thereafter.
SB 167-CRIM. CONV. OVERTURNED: RECEIVE PAST PFD
3:33:01 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO.
167 "An Act relating to a permanent fund dividend for an
individual whose conviction has been vacated, reversed, or
dismissed; and relating to the calculation of the value of the
permanent fund dividend by including payment to individuals
eligible for a permanent fund dividend because of a conviction
that has been vacated, reversed, or dismissed."
3:33:26 PM
SALLY RAFSON, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, introduced SB 167 on behalf of the
sponsor and read the sponsor statement:
[Original punctuation provided.]
An Act relating to a permanent fund dividend for an
individual whose conviction has been vacated or
reversed and dismissed or overturned via retrial; and
relating to the calculation of the value of the
Permanent Fund Dividend by including payment to
individuals eligible for a Permanent Fund Dividend
because of a conviction that has been vacated or
reversed and dismissed or overturned via retrial.
The State of Alaska Department of Law Criminal
Division's mission is to "assure safe and healthy
communities by prosecuting and convicting criminal
offenders throughout Alaska." Likewise, the State has
a responsibility to ensure that those convicted of
crimes are prosecuted fairly and justly. If the State
finds an offender was wrongfully convicted the State
should do right by those who have had their
convictions overturned.
Incarcerated Alaskans relinquish their Permanent Fund
Dividends to the State. SB 167 seeks to pay PFDs to
Alaskans whose convictions were vacated or reversed
and dismissed, provided that a dismissal was not
obtained through a rule 11 plea agreement in another
criminal case. If passed, those eligible must apply
for the PFD within 1 year following the new judgment
or within 1 year of the effective date of the bill.
Alaska is currently one of just 13 states that provide
no compensation for wrongful conviction. Many states
provide both monetary compensation and college tuition
and job training to exonerees.
3:35:20 PM
MS. RAFSON continued reading the sponsor statement for SB 167:
Providing the PFD to those Alaskans who lost this
privilege because of a wrongful conviction is one of
the few things the State of Alaska can do to help them
reestablish a normal life by providing a means to find
housing, food and education. The transition back to
civilian life for these individuals can be difficult
due to the loss chime with loved ones, as well as the
loss of income otherwise earned. While we are not able
to return the experiences and opportunities missed
from wrongful incarceration, we should at least be
able to reimburse the PFD money that rightfully
belongs to them.
In 2017, the same bill passed the House with
overwhelming bipartisan support and a vote of 38-1. I
ask your support for this bill, which would help
victims of injustice with their transition back into
society as the State looks to ensure justice and
fairness for all Alaskans.
3:36:46 PM
MS. RAFSON moved to slide 2 and began a presentation on SB 167.
[Original punctuation provided.]
PFD Ineligibility
Under AS 43.23.005 subsection (d) An individual is not
eligible for a permanent fund dividend for a dividend
year when:
(1) During the qualifying year, the individual was
sentenced as a result of conviction in this state
[Alaska] of a felony
(2) During all or part of the qualifying year, the
individual was incarcerated as a result of the
conviction in this state [Alaska] of a
(A) felony; or
(B) Misdemeanor if the individual has been
convicted of
(i) A prior felony as defined in AS 11.81.900
(ii) Two or more prior misdemeanors as defined
in AS 11.81.900
3:37:13 PM
MS. RAFSON moved to slide 3 and read the following:
[Original punctuation provided.]
PFD for the Exonerated
SB 167 seeks to reimburse the PFD to people who have
been exonerated for the years they were previously
deemed ineligible under AS 43.23.005 (d) if:
The individual's conviction is vacated or reversed,
and
(1) The charges are later dismissed, or
(2) The individual is retried and found not guilty
The reimbursement would not apply to those who take
plea deals
Time Frame:
Those eligible would have one year to apply after the
dismissal or not guilty finding
Those who were exonerated before enactment of this
policy would have one year after the effective date of
this legislation to apply
3:38:13 PM
MS. RAFSON moved to slide 4 and read the following:
[Original punctuation provided.]
Money Matters
Source of the PFD money: Prior Years Liability Fund
Current Amount in Fund: $1,707,719.81
Cost to Fund for the Fairbanks Four: $103,450.96
Percentage of Fund for the Fairbanks Four: 6.06
percent
The Fairbanks Four were ineligible for a PFD for 18
years while incarcerated
The Alaska Innocence Project estimates that less than
10 individuals who were incarcerated for two years or
less would also qualify for past PFDs
The Prior Years Liability Fund would most likely cover
the cost of SB 167
3:39:34 PM
MS. RAFSON moved to slide 5 and stated that Alaska is one of
only 11 states, not 13, that provide no compensation for
wrongful conviction.
[Original punctuation provided.]
Comparison to Other States
Alaska is one of only 13 states that provide no
compensation for wrongful convictions
Other States' compensation for exonerees often
include:
-Monetary Compensation
-College Tuition/Job Training
-Housing Assistance
-Mental Health Services
3:40:13 PM
MS. RAFSON moved to slide 6 and read the following:
[Original punctuation provided.]
Example: Texas
Texas's Compensation Statutes include:
- $80,000/year or $100,000/year for death row
- Compensation for child support payments owed while
the claimant was wrongfully incarcerated
- Up to $10,000 in reintegration financial assistance
- Attorneys' fees
- Tuition for up to 120 credit hours, including
tuition and fees
3:41:36 PM
CHAIR KAWASAKI announced invited testimony and opened public
testimony on SB 167.
3:42:28 PM
JORY KNOTT, Executive Director, Alaska Innocence Project,
Anchorage, Alaska, testified by invitation on SB 167 and stated
that he represents the only nonprofit in Alaska dedicated to
freeing the wrongfully convicted and educating the public on
prevention and reform. He clarified that SB 167 is not a
wrongful conviction compensation statute; rather, a correction
to the PFD statute to restore dividends to those exonerated
after wrongful imprisonment. He stressed that this falls far
short of true compensation, unlike states such as Texas that
provide robust financial support modeled on the 2004 Justice for
All Act. Currently, exonerated Alaskans are released without any
resources or assistance, which deeply impacts them, their
families, and communities. He said drawing on the Fairbanks Four
case and his decade of involvement, he highlighted the lack of
support services and the crucial role of the Alaska Native
community in providing spiritual support upon release.
3:45:10 PM
MR. KNOTT emphasized that the profound losses suffered by the
wrongfully convicted, who each spent 18 years in prison, missing
out on education, work experience, and basic life skills. After
release, the four faced lawsuits, lacked PFDs, reentry services,
or job opportunities, and even carried felony records for a
time. He said initial public support and attention quickly
faded, leaving them with little foundation to rebuild their
lives. One example is Marvin Roberts, a high school
valedictorian who was released to a job shoveling snow instead
of pursuing higher education. He argued that restoring PFDs is
not compensation but simply the right thing to do, reflecting
what it means to be Alaskan. With broad bipartisan support, he
sees this measure as the least the state can provide to help
exonerated individuals rebuild and contribute to society.
3:47:28 PM
CHAIR KAWASAKI asked what other projects he was working on in
Alaska and requested he highlight a few key ones.
MR KNOTT requested clarification of the question, asking if he
wanted to know about additional cases that involve reviewing
innocence claims or overturned convictions.
CHAIR KAWASAKI answered yes and asked him to explain what Alaska
Innocence Project does.
3:47:52 PM
MR. KNOTT responded that the nonprofit is the only statewide
organization in Alaska dedicated to exonerating the wrongly
convicted. Funded by federal grants and donations, the
organization focuses on remote village cases and regularly visit
prisons and rehabilitation centers. The work includes public and
legal education on the causes of wrongful convictions, policy
advocacy, and outreach to prevent future injustices. He said the
organization has reviewed over 3,000 cases, with numbers growing
each year alongside more compensation statutes nationwide.
Currently, the organization is handling one case on appeal after
an unfavorable trial outcome, and have also conducted DNA
testing and re-testing in older cases where technology was once
limited, to help confirm guilt or prove innocence.
3:51:23 PM
BRIAN RIDLEY, Chief Chairman, Tanana Chiefs Conference,
Fairbanks, Alaska, testified by invitation on SB 167 and stated
that nearly 10 years ago, the Tanana Chiefs Conference
celebrated the release of the Fairbanks FourMarvin Roberts,
George Frese, Eugene Vent, and Kevin Peasewho maintained their
innocence for 19 years. Despite evidence exonerating them, the
state provided no reparations, leaving them to re-enter society
with nothing after losing formative years, education, and work
opportunities. He said the lack of compensation makes
reintegration especially difficult and compounds the injustice.
He argued that restoring PFDs is a meaningful way to affirm a
place as Alaskans and support the return to society. He
highlighted the strong legislative backing this effort received
in 2017 and stressed that SB 167 is a crucial first step toward
justice. He noted that while 30 states and the federal
government have compensation statutes, 20 states, including
Alaska, still do not.
3:55:03 PM
CHAIR KAWASAKI concluded that SB 167 is not specifically about
the Fairbanks Four, though the case illustrates the broader
issue within Alaska's criminal justice system. After the
exoneration, the four were released without resources, having
missed decades of societal and technological change. SB 167 is
not full compensation, unlike other states that provide
stipends, tuition, or housingbut rather a step toward doing the
right thing by supporting those wrongly convicted. He urged the
Senate to act quickly, emphasizing that while it cannot repay
lost years, it acknowledges the injustice and helps exonerated
individuals begin to rebuild their lives.
3:58:28 PM
CHAIR KAWASAKI held SB 167 in committee.
3:58:34 PM
At ease.
SB 19-PRISONERS: ELECTRONIC DEVICE ACCESS/USE
3:59:38 PM
CHAIR KAWASAKI reconvened the meeting and announced the
consideration of SENATE BILL NO. 19 "An Act relating to the use
and possession of electronic devices by prisoners."
4:00:13 PM
SENATOR ROBERT MYERS, District Q, Alaska State Legislature,
Juneau, Alaska, sponsor of SB 19 presented summary of the bill.
He explained he is working to expand access to tablets in
prisons as tools for re-entry, education, cost savings, and
improved security. This bill has been introduced in various
forms for eight or nine years, and he hopes it will finally pass
this session.
4:01:25 PM
[CHAIR KAWASAKI opened public testimony on SB 19.]
4:01:39 PM
ROBERT FETTER, representing self, Juneau, Alaska, testified in
support of SB 19 and shared a personal history of trauma, abuse,
addiction, and repeated incarceration, beginning with severe
abuse and drug exposure at age five. After years in
institutions, foster care, and prison, he eventually got sober
in 2019, pursued education with great difficulty, regained his
children, and built a successful career. He said he is now
active in re-entry work and mentoring work. He emphasized the
importance of digital tools for people leaving prison. He argued
that tablets can provide crucial access to education, treatment,
housing, and employment resources, helping individuals avoid
relapse and reducing the risk of returning to prison. Providing
these tools at the critical moment of release can strengthen
reentry and improve communities.
4:05:43 PM
CHAIR KAWASAKI asked if he could share some experiences after
prison release; like how long the incarceration was, the biggest
challenges faced in reentering society, and any suggestions for
how the state could better support that transition
4:06:06 PM
MR. FETTER answered that a major hurdle after release was the
lack of communication between agencies. While organizations like
the Juneau Reentry Coalition do good work, critical information
often doesn't reach those being released. He said many had to
rely on informal tips from peers in transitional housing or
halfway houses to navigate available resources. He emphasized
that timely access to accurate information is crucial during the
vulnerable reentry period, when it's easy to relapse without
proper guidance and support.
4:07:56 PM
DOREEN SCHENKENBERGER, CEO, Partners for Progress, Anchorage,
Alaska, testified in support of SB 19 and stated that this bill
is urgent. She said federal funding cuts and state staffing
challenges limit available services, and recidivism rates,
particularly among Alaska Native people, are rising. Digital
tools can provide access to education, treatment, recovery
services, housing and employment support, reentry planning, peer
and tribal services, and more, all of which increase the
likelihood of successful community reintegration. She said many
other states already use technology safely for rehabilitation.
Alaska must update its laws and practices to meet statutory
rehabilitation obligations, as most released individuals arrive
with no resources, support, or housing. Expanding digital access
will foster connection, improve reentry success, strengthen
families, enhance community safety, and reduce public costs.
4:12:38 PM
CHAIR KAWASAKI announced the arrival of Senator Wielechowski.
[CHAIR KAWASAKI closed public testimony on SB 19.]
4:13:10 PM
CHAIR KAWASAKI solicited the will of the committee.
4:13:12 PM
SENATOR GRAY-JACKSON moved to report SB 19, work order 34-
LS0230\N, from committee with individual recommendations and
attached fiscal note(s).
4:13:30 PM
CHAIR KAWASAKI found no objection and SB 19 was reported from
the Senate State Affairs Standing Committee.
4:14:25 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate State Affairs Standing
Committee meeting at 4:14 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 167.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| SB 167 Sponsor Statement.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| SB 167 Sectional Analysis.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| Fiscal Note SB 167.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| Compensation by State SB 167.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| Dividend Summary.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| TCC letter of support SB 167.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 167 |
| SB 19 Fiscal note.pdf |
SSTA 4/24/2025 3:30:00 PM |
SB 19 |