Juneau -- The Senate Judiciary Committee Monday passed a resolution limiting the rights afforded to convicted prisoners in Alaska regarding criminal administration to those provided by the United States Constitution.

Senator Dave Donley (R-Anchorage), sponsor of SJR 2, said this year's version of the resolution is more narrowly focused than the version that was removed from last November's Ballot (Ballot Measure #1) by the Alaska Supreme Court. The Court removed Ballot Measure #1 because it ruled the measure was a "revision" rather than an "amendment" because it would have affected more than one section of the constitution.

"I believe the Alaska Supreme Court abused their constitutional authority by denying Alaskans the opportunity to consider Ballot Measure #1," stated Senator Donley.

"SJR 2 should meet this new 'amendment standard' since it only applies to those rights afforded to convicted prisoners by Article 1, Section 12 of the Alaska Constitution," explained Senator Donley.

Additionally, SJR 2 would return the meaning of the phrase "principle of reformation", contained in Article 1, Section 12 of the Alaska Constitution, to a guidelining principle for criminal administration as was originally intended by the drafters of Alaska's Constitution.

"From reading the minutes of the Alaska's Constitutional Convention, it is evident that the framers of our constitution never intended that the "principle of reformation would grant enforceable individual rights to convicted prisoners. However, that is exactly what the Alaska Supreme Court has done when it wrongly decided that prisoners have a special right to rehabilitation. That is not what the crafters of our constitution intended," added Senator Donley.

Donley also said that SJR 2 may allow the state to revisit the infamous Cleary consent decree which has hindered the prison administration in Alaska.

"SJR 2 cannot directly overrule Cleary since it was an agreement between prisoners and the state. However, SJR 2 does give the state a possible basis for requesting the court to modify the Cleary Settlement to delete those items not required by the United States Constitution," said Donley.

A recent statewide Dittman Research poll indicated that 76% of Alaskans support limiting prisoners' rights to those required under the U.S. Constitution.

SJR 2 has now gone to the Senate Finance Committee for consideration.

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