Legislature(1993 - 1994)
1993-04-20 House JournalFull Journal pdf
1993-04-20 House Journal Page 1381 SB 54 The Judiciary Committee has considered: CS FOR SENATE BILL NO. 54(FIN) "An Act relating to violations of laws by juveniles, to the remedies for offenses and activities committed by juveniles and to records of those offenses, and to incarceration of juveniles who have been charged, prosecuted, or convicted as adults; and providing for an effective date." and recommends it be replaced with: HCS FOR CS FOR SENATE BILL NO. 54(JUD) (same title) The report was signed by Representative Porter, Chair, with the following individual recommendations: Do pass (4): Green, Kott, James, Porter No recommendation (1): Nordlund A letter of intent, signed by Representative Porter, Chair, appears below: 1993-04-20 House Journal Page 1382 SB 54 House Judiciary Committee Letter of Intent for HCS CSSB 54(JUD) "It is the intent of the House Judiciary Committee, in its adoption of HCS for CS for SB 54 (JUD), to alter the jurisdiction of the criminal courts over juvenile offenders charged with murder and to require the juvenile offender for whom waiver to criminal court has been sought for other offenses to prove that he or she is amenable to treatment in the juvenile justice system. The House Judiciary Committee, in its adoption of HCS CSSB 54(JUD), intends to alter the substantive legal rights of juvenile offenders. In the judgement of the committee, the scope of a court's jurisdiction and the allocation of burdens of proof in legal actions are matters of substantive law, not matters of procedure. It is the judgement of the committee that, once the screening authorities have decided that a juvenile offender is not amenable to treatment in the juvenile court system and have filed a petition seeking waiver of the juvenile into the adult criminal court system, it is the offender himself who is in the best position to show that he would be treatable in the juvenile court system. The juvenile offender and his attorney are the ones who know the most about the offender's family and educational experiences, and are in the best position to present information relating to the issue of treatability to the court. For example, under the Alaska Court of Appeals' decision in R.H. v. State, 777 P. 2d 204 (Alaska App. 1989), the state may not compel a juvenile offender to submit to a psychiatric evaluation for the purpose of determining his amenability to treatment in the juvenile court system. In its decision, the court acknowledged that "in some situations, the lack of information concerning the psychiatric condition of the accused child will undoubtedly make the state's burden more difficult to meet." 777 P. 2d at 211. In the view of the committee, to place the burden of proof upon the party who has the greatest access to the facts relevant to the issue of treatability is a sound public policy choice. A Senate letter of intent (page 570 of the Senate Journal) was also adopted. 1993-04-20 House Journal Page 1383 SB 54 The following fiscal notes apply to HCS CSSB 54(JUD): Zero fiscal note, House Judiciary Committee/Dept. of Administration, 4/20/93 Zero fiscal note, Dept. of Administration, 4/20/93 Zero fiscal note, House Judiciary Committee/Dept. of Corrections, 4/20/93 Senate fiscal note, Alaska Court System, 2/26/93 Senate zero fiscal note, Dept. of Law, 2/24/93 Senate zero fiscal note, Dept. of Health & Social Services, 2/24/93 Senate zero fiscal note, Dept. of Public Safety, 2/19/93 CSSB 54(FIN) was referred to the Finance Committee.