Alaska State Legislature

News From The Senate and House Majorities

State Capitol
Juneau, AK 99801
Actuality line: 1-800-478-6540
web site: www.akrepublicans.org

Republican-led Majority Takes Bite Out of Crime

Announces "Safe Neighborhood" Strategy

For Immediate Release: January 28, 1997 Contact:
Ken Freeman (907) 465-3804
Wendy Lindskoog (907) 465-4582

JUNEAU -- Placing a priority on juvenile crime, domestic violence, and the rights of victims, the Republican-led Majority Tuesday announced their strategy to promote 'Safe Neighborhoods' in Alaska as part of their "Commitment to Alaska". The Senate and House majorities outlined legislative initiatives to fight crime and protect Alaska's families.

House and Senate leaders said their goal is to ensure that Alaska's children can play in safe neighborhoods, grow up in safe neighborhoods, and raise their families in safe neighborhoods.

"The war against crime is a never-ending process," said Senate Majority Leader Robin Taylor. "We are developing a package of legislation to make people personally accountable for their actions."

Representative Pete Kelly noted that laws currently on the books pertaining to juvenile crime - one of the fastest growing segments of crime - must be modified to include better information dissemination about juvenile offenders.

"This is a common sense issue. We want to remove the veil of secrecy that blankets juvenile crime by shedding the light of the public eye on juvenile predators. The public has a right to know when their kids are playing with felons or their baby-sitter is a drug dealer," said Representative Pete Kelly.

Legislative efforts will include: "no frills" prisons; ending domestic violence victim insurance discrimination; enacting victims rights measures; making the knowing transmission of HIV a crime; establishing community dispute resolution centers; making bootleggers responsible for their actions.

"While we are committed to giving Alaska's crime fighters better tools, we are just as committed to taking away the luxuries and benefits law breakers receive in prison. If you're convicted of a crime in Alaska, you are not going to enjoy your time in prison," said Senator Dave Donley.

Representative Brian Porter, House Majority Leader, noted the Majority's 'safe neighborhoods package' spans a broad spectrum of crime legislation with principle focus of promoting the rights of the crime victims.

"From Miranda, search and seizure, criminal discovery and others, our criminal justice system gives many rights to the criminal. While the rights of the accused are important, so are the rights of the victim," Porter said, former Chief of Police for the City of Anchorage. "We want to make it absolutely clear to the judiciary that the victim has a right to be at the trial and other proceedings of the accused."

Legislative leaders noted that their principle safe neighborhood legislation has been introduced and work has begun in the committees of referral.

"We will not tolerate murder, HIV predators and gangs or the loss of another full generation of youth to a system that fails to protect our neighborhoods and our streets," added Taylor.

"Safe Neighborhood" Crime Initiatives:

 

Broadcast Note: Audio actualities are available by calling 1-800-478-6540.

House Safe Neighborhood Bills

HB 6: Representative Pete Kelly

Short Title: Release of Information about Minors

HCR 4: Representative Pete Kelly

Short Title: Separate Records For Delinquents

Summary: Both legislative initiatives are linked to remove the veil of secrecy surrounding juvenile criminals. Currently, even violent youthful offenders move unnoticed among our neighborhoods and schools because state law forbids their crimes to be made public. HB 6 changes that by making records of teen felons and repeat misdemeanants public.

HB 6 protects some of the most intimate information about troubled kids and releasing only the information most relevant to the crime.

HCR 4 is a technical rider to HB 6 which will allow the state to disclose information on juvenile offenders without jeopardizing federal funds.

HB 9: Representative Brian Porter

Short Title: Right of Crime Victims and Victims of Juvenile Offenses To Be Present At Court Proceedings.

Summary: Throughout recent history criminals have been afforded many protections under the U.S. Constitution. From Miranda, search and seizure, criminal discovery, and others, the criminal justice system gives many rights to the criminal.

The rights of the accused are important, but so are the rights of the victim.

HB 9 adds to those rights by specifically extending to crime victims the right to obtain information about and be allowed to be present at all criminal or juvenile proceedings where the accused already has the right to be present. The rights of the victim are spelled out in our State Constitution but at least two Superior Court judges are interpreting the Alaska Statutes, and Rule 615, Alaska Rules of Evidence, to exclude victims of crimes and juvenile offenses from bring present in the courtroom during a trial of the accused until after the victim has testified.

HB 9 is offered to implement the mandate of the 1994 Amendment to the Constitution and to make absolutely clear to the judiciary a crime victim's right to be present at the trial and other proceedings of the accused, including juvenile proceedings, whenever the accused has the right to be present.

HB 5: Representative Pete Kelly

Short Title: District Court for entry level offenses by minors

Summary: House Bill 5 shortens the time lag for consequences for juvenile offenders by exempting the least serious offenses from the juvenile code and taking them directly to district court. The offenses included in this list are ones that the system almost universally ignores at present: simple theft; shoplifting; criminal mischief; vandalism; and recruiting another juvenile into a criminal act (gangs).

The juvenile justice system is very slow to provide meaningful consequences for offenses committed by minors. In contrast, district court can quickly schedule and order community services, fines - not to exceed $300, restitution, etc., but it cannot order a minor to serve time in jail. Because district court is limited to $300 in fines, it is able to dispense with expensive attorneys and legal processes.

HB 7: Representative Brian Porter

Short Title: Community Dispute Resolution Centers

Summary: Victim offender mediation is a process in which trained volunteer mediators bring victims and juvenile offenders face to face to discuss the property loss and emotional damage caused by the crime. The principal goal is to obtain an agreement between the victim and the offender on a restitution contract. Victim offender mediation is part of the larger concept of restorative justice. With this approach, offenders take personal responsibility for repairing the damage they have caused.

HB 22: Representative Ivan Ivan

Short Title: Civil Liability For Bootleggers

Summary: Current law seemingly exempts those who sell liquor without a license (bootleggers) from any civil liability for the damages that may be caused by their illegal acts. The basis of House Bill 22 is to remove that exemption and make bootleggers strictly liable for their actions.

Senate Safe Neighborhood Bills

Part of the Republican-led Majority's "Commitment to Alaska" is to ensure that Alaska's children can play in safe neighborhoods, grow up in safe neighborhoods and raise their families in safe neighborhoods.

To keep our promise, both the Senate and House majorities have introduced effective and pro-active initiatives to fight crime and protect our children.

SJR 3: Senator Dave Donley

Short Title: Limiting Prisoner Rights Under the Alaska Constitution to the Requirements of the U.S. Constitution.

Summary: SJR 3 adopts a single standard - the federal standard - for determining prisoner's rights. This resolution will assure that the U.S. Constitution will be the standard for future decisions on prisoner's rights in Alaska. Current Alaska prison standards are based on Cleary, a consent decree resulting in expanded prisoner's rights in our state. Pursuant to recent legal developments, the state may be able to modify or overturn the Cleary consent decree, thus the new single standard adopted by SJR 3 could be applied.

SB 1: Senator Dave Donley

Short Title: The Alaska No Frills Prison Act.

Summary: SB 1 is a balanced, cost saving proposal that limits personal possessions and activities of prisoners in Alaskan correctional facilities; reduces state medical expenses for prisoners and provides greater vocational training opportunities. SB 1 seeks to fulfill these new mandates by removing or prohibiting certain luxuries from Alaska's prisons including premium cable television, personal computers, cassette players, weightlifting equipment and possession of pornographic materials. It also calls for instituting a fee (not more than $2 a month) for use of electrical utilities and recouping costs for certain health care services provided to prisoners.

SB 3: Senator Drue Pearce

Short Title: Will allow District Courts to hear Minor's Curfew Violations

Summary: SB 3 will mandate that all juvenile curfew violations be handled in District Courts, not municipal courts. Currently, juvenile offenses other than traffic, tobacco, fish and game, parks and recreational facilities, or alcohol violations, are handled through municipal courts if they exist, or are not handled at all because the caseload is too large at the Division of Family and Youth Services. SB 3 will relieve municipalities from the burden of prosecution and will allow for more effective and expeditious handling of curfew offenses.

SB 14: Senator Dave Donley

Short Title: Protect Domestic Violence Victims from Insurance Discrimination.

Summary: SB 14 protects innocent victims of domestic violence from insurance discrimination. Currently there is no protection in Alaska for victims of domestic violence against insurance premium increases, cancellation or denial. This bill requires , upon written request from an applicant, that an insurer must disclose the reason insurance coverage was denied.

SB 17: Senator Robin Taylor

Short Title: Criminal Transmission of HIV

Summary: The intent of SB 17 is to punish those who knowingly place others at risk of HIV infection. This bill creates the crime of criminal transmission of HIV and covers actions and conduct known to transmit the disease. It will help to protect people who may be unknowingly exposed to HIV.

SB 58: Senator Robin Taylor

Short Title: Tightens law regarding underage drinking offenses.

Summary: SB 58 will effectively restore legislative intent to SB 46 -- a bill passed in 1995 to move underage drinking offenses out of the juvenile justice system and into adult court. SB 58 will eliminate the court-ordered loss of a driver's license as a penalty for underage drinking (Minors who consume alcohol would still lose their licenses through administrative action under the "Use it and lose it" law, but it would no longer be a court action.) In addition, SB 58 would impose a $250 fine helping to strengthen the message that underage drinking is against the law.

SB 60: Senator Robin Taylor

Short Title: Makes Capital Punishment a decision for the voters.

Summary: SB 60 calls for an advisory vote allowing the people of Alaska to decide whether or not Alaska should institute capital punishment.

SB 63: Senator Dave Donley

Short Title: Treating juvenile offenders with multiple convictions for violent offenses with deadly weapons as adults.

Summary: SB 63 would create a strong deterrent to the repeated use of deadly weapons by juveniles. This bill would treat minors age 16 and older, who for the second time use a deadly weapon to commit a violent crime, as adults.