1993-02-26                     Senate Journal                      Page 0510
SB 140                                                                       
SENATE BILL NO. 140 by the Senate Rules Committee by request                   
of the Governor, entitled:                                                     
                                                                               
"An Act relating to the charging, prosecuting, and                            
sentencing of certain minors concerning offenses of                            
murder in the first degree, attempted murder in the                            
first degree, murder in the second degree, and                                 
certain other offenses; and providing for an effective                         
date."                                                                         
                                                                               
was read the first time and referred to the Judiciary and Finance              
Committees.                                                                    
                                                                               
Zero fiscal notes published today from Department of Law,                      
Department of Health and Social Services, Department of                        
Administration (2), Department of Public Safety and Department of              
Corrections.                                                                   
                                                                               
Governor's transmittal letter dated February 26:                               
                                                                               
Dear Mr. President:                                                            
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution,          
I am transmitting a bill that amends existing law to provide that a            
16- or 17-year-old arraigned on a charge of murder in the first                
degree, attempted murder in the first degree, or murder in the second          
degree is automatically prosecuted in "adult" court and, if convicted,         
is sentenced as an "adult."                                                    
                                                                               
Under present law, 16- and 17-year-olds are generally "prosecuted"             
in juvenile court and, if adjudicated as delinquent, may be placed in          
rehabilitation programs only until the minor's 20th birthday.  A               
minor may be tried as an adult only if the court finds probable cause          
to believe that the minor is delinquent and that the minor is not              
amendable to treatment through the juvenile system.  The court must            
base its findings on whether the minor "probably cannot be                     
rehabilitated . . . before reaching 20 years of age."  AS47.10.060(d).         

1993-02-26                     Senate Journal                      Page 0511
SB 140                                                                       
In making this decision, existing statutes allow the court to consider         
the seriousness of the offense the minor is alleged to have                    
committed, the minor's history of delinquency, the probable cause of           
the minor's delinquent behavior, and the facilities available for              
treating the minor.  AS47.10.060(d).                                           
                                                                               
Under existing law, it is often difficult for prosecutors to demonstrate       
to the court's satisfaction that the statutory requirements have been          
met, even though the minor is accused of murder in the first or                
second degree or attempted murder in the first degree.  This showing           
is especially difficult to make for first offenders, who do not have           
a pattern of convictions and unsuccessful rehabilitation in the                
juvenile system to demonstrate to the court.                                   
                                                                               
This bill would remedy this situation by, in essence, automatically            
waiving a 16- or 17-year-old accused of these serious offenses into            
"adult"  court.  In "adult" court, the minor would have the same               
constitutional rights and protections given to an adult accused of the         
same offense.                                                                  
                                                                               
This bill would also allow the court to sentence a minor offender,             
if convicted of one of these serious crimes in adult court, to                 
incarceration beyond the minor's 20th birthday.                                
                                                                               
This bill has been recommended by law enforcement officers in the              
state as an appropriate method for prosecuting serious juvenile                
offenders and providing greater protection to the public.                      
                                                                               
I urge your favorable action on this important bill.                           
                                                                               
Sincerely,                                                                     
     /s/                                                                       
Walter J. Hickel                                                               
Governor