News from the Senate Majority
Alaska State Legislature

Wendy Lindskoog, Senate Majority Press Secretary
State Capitol
Juneau, AK 99801-1182
Phone: 907/465-4582
http://www.akrepublicans.org
Broadcast Actualities: 800/478-6540

Legislature Adopts Federal Standard to Limit Prisoner's Rights

For Immediate Release: April 17, 1998 Contact: James Armstrong, Assistant to Senator Dave Donley, at (907) 465-3892.

Juneau -- The Alaska State House Friday passed a resolution by a vote of 29-11 limiting the rights of convicted prisoners in Alaska to those provided by the United States Constitution. If the Senate approves the changes made to SJR 3 in the House, its provisions will be placed before the voters of Alaska for approval on the 1998 General Election Ballot.

Senator Dave Donley (R-Anchorage), sponsor of Senate Joint Resolution 3, said the Alaska State Constitution provides Alaskans with individual rights and liberties that the United States Constitution does not. Unfortunately these additional constitutional rights protect not only law abiding Alaskans, they also give special rights to convicted criminals currently incarcerated in Alaska.

A recent Dittman Research poll indicated that 76% of Alaskans favor a constitutional amendment that would restrict the rights of convicted prisoners in Alaska to only those rights entitled by the United States Constitution.

"Alaska is paying millions more to house its prisoners than other states -- legal fees, better services and special housing all add up to more money," said Donley. "Not only are costs higher, but these unparalleled standards can create difficulties for our prison administrators. My resolution prevents this confusion and will save the state money by adopting a single constitutional standard - the United States Constitution- for determining prisoner's rights," added Donley.

Donley said that SJR 3 may allow the state to revisit the infamous Cleary consent decree which has hampered the administration of prisons in Alaska.

"SJR 3 cannot directly overrule Cleary since it was an agreement between prisoners and the state. However, SJR 3 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.

"There is no reason why Alaska's convicted prisoners should be given more privileges than prisoners in the other 49 states," Donley said. "We have seen the Alaska Supreme Court, in numerous decisions, expand the rights of imprisoned convicted criminals. That is not what the crafters of our constitution intended," added Senator Donley.

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= Dave Donley, 91 K