News from the Senate Majority

Alaska State Legislature

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

For Immediate Release: April 11, 1997 Contact: Senator Dave Donley, 907/465-3892

Senate Adopts The Federal Standard To Limit Prisoner’s Rights In Alaska

Juneau -- The Alaska State Senate Friday passed a resolution by a vote of 15 to 4 that would limit the rights of convicted prisoners in Alaska to federal requirements. This would discourage prisoners from suing the state for being denied their more lenient rights mandated by the Alaska Constitution.

Senator Dave Donley (R-Anchorage), who sponsored Senate Joint Resolution 3, noted that 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.

"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 Federal standard - for determining prisoner's rights."

Donley noted that SJR 3 may allow the state to revisit the Cleary consent decree which has hamstrung the administration of prisons in Alaska. The decree, in addition to the Alaska Constitution, requires greater prisoner's rights in Alaska than are required by the U.S. Constitution.

"SJR 3 cannot directly overrule Cleary since it was a consent decree. However, SJR 3 can assure that the U.S. Constitution, and not a more protective state constitutional standard, will be the standard for future decisions on prisoner's rights in Alaska," said Donley.

"When all is said and done, there is no reason why Alaska’s convicted prisoners should be given more privileges than prisoners in the other 49 states," Donley said.

Some of the more lenient rights allowed under Alaska’s Constitution include:

• Special protections against discipline.
• Special rights to prisoner programs.
• Requirement of expensive law libraries.
• Rights to private double cells -- the state bans dormitory style housing.

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