Sponsor Statement for SJR 3 (JUD)

"Limiting Prisoner Rights Under the Alaska Constitution to the the Requirements of the U.S. Constitution"

Senate Joint Resolution 3 would limit the rights of convicted prisoners in the State of Alaska to the requirements of the U.S. Constitution.

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 but also give special rights to convicted criminals currently incarcerated in Alaska. This creates difficulties with prison administration in Alaska and encourages law suits by prisoners under the Alaska constitution.

While such special State Constitutional rights are highly desirable for the general public, they are not appropriate for convicted imprisoned criminals. SJR 3 prevents this confusion and undesirable results by adopting a single constitutional standard - the Federal standard - for determining prisoner's rights.

Another related difficulty is the Cleary consent decree which has hamstringed the administration of prisons in Alaska. The Cleary consent decree did not distinguish between Federal and State constitutional standards. But this decree does require 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. SJR 3 can, however, 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.

Additionally, pursuant to recent legal developments, the state may be able to modify or overturn the Cleary consent decree in which case the new single standard adopted by SJR 3 could be applied. SJR 3 itself may give the state sufficient basis to request a court to re-open the Cleary settlement and at the least will add to any legal justification to do so. The immediate impact of passage of SJR 3 may be small, but will prevent state courts from any future expansion of prisoner's rights based on the Alaska State Constitution and as the Federal courts allow tougher Federal prisons and limit prisoner's rights the standard for Alaskan prisoners will get tougher also.

DD/jja

Sponsor Statement for SJR 3

"Limiting Prisoner Rights Under the Alaska Constitution to the the Requirements of the U.S. Constitution"

Senate Joint Resolution 3 would limit the rights of prisoners in the State of Alaska to the requirements of the U.S. Constitution. Since the Alaska Constitution is quite different from the U.S. Constitution, in some areas prisoner's rights may vary. SJR 3 adopts a single standard - the Federal standard - for determining prisoner's rights.

Current Alaska prison standards are based on Cleary, a consent decree which has resulted in expanded prisoner's rights in Alaska. The Cleary consent decree did not distinguish between Federal and State constitutional standards. SJR 3 cannot overrule Cleary since it was a consent decree. SJR 3 can, however, 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.

Additionally, pursuant to recent legal developments, the state may be able to modify or overturn the Cleary consent decree in which case the new single standard adopted by SJR 3 could be applied. There will not necessarily be an immediate impact with passage of SJR 3, but as the Federal courts allow tougher Federal prison laws the standard for Alaskan prisoners will get tougher also.

DD/jja