SENATE BILL NO. 99 "An Act relating to the DNA identification registration system." This was the first hearing for this bill in the Senate Finance Committee. SENATOR RICK HALFORD testified that this legislation expands the DNA database to include DNA samples of burglars. He noted other states have done this and have found a significant increase in cross-referencing matches and the value of the database in further convictions. Senator Halford qualified he is reluctant to support the further computer classification of people. However, once a person becomes part of the criminal justice system, he surmised that person has given away a great deal of their privacy rights. He pointed out there is a correlation between burglary and "the next level of crimes." Senator Halford reiterated the intent of this legislation is to update, upgrade and increase the number of convictions using the DNA system. Co-Chair Kelly added he learned from the writings of John Douglas, the original Federal Bureau of Investigations (FBI) profiler who also started the Bureau's Special Crimes Unit, that almost every serial murderer has burglary in their background. Co-Chair Kelly stated there is something about the crime of burglary that is a gateway to more heinous crimes. Senator Austerman noted the current 12-month backlog of work for the state crime laboratory and asked why there was no fiscal note cost associated with this legislation considering the extra work it would create. Senator Halford suggested the Committee ask the Department of Public Safety for an estimate of the cost to implement this legislation. Co-Chair Kelly agreed. ROBERT BUTTCANE, Legislative and Administrative Liaison, Division of Juvenile Justice, Department of Health and Social Services, testified via teleconference from Anchorage in support of the bill. He stated that the division perceives burglary as a "gateway crime". He noted the division has processes in place to collect DNA samples and transmit them to the state laboratory. GEORGE TAFT, Director, Scientific Crime Detection Laboratory, testified via teleconference from Anchorage to inform that the department would receive federal funding to cover the cost increase. JENNIFER RUDINGER, Executive Director, Alaska Civil Liberties Union, testified via teleconference from Anchorage in opposition to the bill. She referenced written testimony she had submitted. [Copy on file.] She stressed that the Alaska Civil Liberties Union (ACLU) does not oppose technology, but noted that fingerprinting only gives identification information, while DNA gives the government much more information. She pointed out the high value Alaskans place on privacy, noting there is a privacy clause in the state constitution. She assured that the ACLU position is not that DNA sampling should never be used, but only that it is used when justified, which she stated does not include identifying those who may become more serious offenders in the future. She noted the difference between crimes against property and those against persons. She cited a newspaper article that claims the recidivism rate for burglars is only 15 percent. She stated this does not demonstrate an adequate need to justify the means. She spoke to a house bill that goes even further and provides the collection of DNA samples for relatives of missing persons. She did not doubt that Senator Halford and Representative Murkowski have good intentions but that the ACLU is concerned with setting a precedent of retaining personal data that would provide more and more information as technology continues to advance. JOAN HAMILTON, testified via teleconference from Bethel, that this legislation reminds her of the sentiments of the 1950s and 1960s when the Natives were considered genetically and intellectually inferior. She spoke of the high percentage of Natives in the Alaska prison system. She suggested further investigation of the correlation between burglary and other, more violent crimes. She asserted she is opposed to this bill and suggested that although burglary may be considered a gateway crime in the Lower 48, it is not necessarily so in Alaska. DEL SMITH, Deputy Commissioner, Department of Public Safety responded to Senator Austerman's question regarding the cost of the services. He explained an increment in the proposed FY 02 operating budget addresses evidence collected at crime scenes and processed to compare against the DNA database. He shared the department was successful in receiving federal funding for the next several years to address a backlog of DNA processing. He noted the department has contracted with a private laboratory to perform this work, which he said is a better use of funds then outsourcing crime scene data collection. Senator Ward asked what happens to the stored DNA information of offenders after they have paid their debt to society. Mr. Smith noted statutes adopted in 1996 allows collection and retention of a DNA sample for convicted offenders except when the conviction is reversed, in which case, the DNA information is removed from the database. Therefore, he said the DNA information would be retained in most cases. Senator Ward asked if this is due to a federal requirement. Mr. Smith responded that there is no federal requirement although Alaska does participate in a national database. He stressed the federal funding referenced above is intended only for the purpose of reducing the backlog. He again referred to the 1996 state law allowing retention of DNA information indefinitely. Senator Leman moved to adopt the Department of Administration, Legal and Advocacy indeterminate fiscal note dated March 9, 2001. There was no objection and the fiscal note was ADOPTED. Senator Leman offered a motion to move from Committee SB 99, 22- LS0490\C, with accompanying zero fiscal note from the Department of Public Safety, and aforementioned fiscal note from the Department of Administration. Without objection, the bill MOVED from Committee. AT EASE 10:23 AM / 10:24 AM