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.