Legislature(1993 - 1994)

05/06/1993 10:30 AM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  SENATE BILL NO. 54                                                           
                                                                               
       "An Act relating  to violations  of laws by  juveniles;                 
       and providing for an effective date."                                   
                                                                               
  JOHN SHEPHERD, LEGISLATIVE STAFF, SENATOR HALFORD summarized                 
  HCS  CSSB  54 (JUD).    He  noted  that  HCS CSSB  54  (JUD)                 
  automatically  waivers juveniles  into the adult  system for                 
  murder  in the first and second  degree and attempted murder                 
  in the first degree.  The burden of proof for other offenses                 
  will be  shifted to the minor.  He observed that current law                 
  does not provide  the courts with  a means to assure  minors                 
  receive psychiatric profiles.   This  has made it  difficult                 
  for juvenile  cases to  be waived.   He  referred to  murder                 
  cases involving juveniles.                                                   
                                                                               
  Mr.  Shepherd  noted that  HCS CSSB  54 (JUD)  provides that                 
  juveniles  tried as  an  adult can  be  incarcerated in  the                 
  Department of Corrections.  The  legislation would also move                 
  the  age  of  confidentiality for  conviction  of  crimes to                 
  sixteen years  of age.   Records  naming the  crime and  the                 
  dispositions of cases  will remain  available to victims  of                 
  the juvenile's crime.  New  provisions for restitutions have                 
  been included in HCS CSSB 54 (JUD).                                          
                                                                               
  Representative Brown asked for  further clarification of the                 
                                                                               
                                3                                              
                                                                               
                                                                               
  burden of proof.   Mr. Shepherd reiterated that HCS  CSSB 54                 
  (JUD) automatically waivers juveniles into the  adult system                 
  for murder  in  the first  and second  degree and  attempted                 
  murder  in the  first degree.   He noted that  the burden of                 
  proof  including misdemeanors  would  be  with the  juvenile                 
  offender  if the  Department of  the Law  and Department  of                 
  Health and Social  Services agreed that the  offender should                 
  be waived to adult status.                                                   
                                                                               
  Representative Brown  asked what  factors contribute  to the                 
  waiver of juvenile status.                                                   
                                                                               
  DEAN GUANELI, CHIEF, ASSISTANT  ATTORNEY GENERAL, DEPARTMENT                 
  OF LAW  explained that the seriousness of the offense, prior                 
  record, age, availability of  treatment within the  juvenile                 
  system for the offenders particular problem  and psychiatric                 
  testimony would be considered.   He felt it unlikely  that a                 
  juvenile  would be waived to adult status for a misdemeanor.                 
  He reiterated the  difficulty of  assessing cases without  a                 
  psychiatric profile.                                                         
                                                                               
  Representative Brown asked what a juvenile would need to  do                 
  in order to demonstrate that they are amenable to treatment.                 
  Mr. Guaneli  stressed that  they would  need to  demonstrate                 
  that  the  circumstances  of  the  juvenile's  offense   are                 
  mitigated or  not so aggravated  to warrant treatment  as an                 
  adult.  He  emphasized that  the juvenile waiver  proceeding                 
  becomes a mini trial.                                                        
                                                                               
  Representative Brown asked how many  cases would be affected                 
  by HCS  CSSB 54  (JUD).   Mr.  Guaneli could  not provide  a                 
  number of cases that would be  affected.  He emphasized that                 
  murder cases  are already  waived.   He did  not think  that                 
  there would be a large increase in cases.                                    
                                                                               
  Co-Chair Larson MOVED to ADOPT HCS for CSSB 54 (JUD) as  the                 
  version before the  House Finance Committee.  There being NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Ms. Goll testified in opposition to HCS CSSB  54 (JUD).  She                 
  asserted that the  legislation will reduce  the jurisdiction                 
  of the  court.   She maintained  that juveniles  that commit                 
  serious crimes are  already waived  into adult  court.   She                 
  observed that HCS CSSB  54 (JUD) would switch the  burden of                 
  proof.    She  noted  that  the  Alaska  Supreme  Court  has                 
  recognized  that  the   state  does  not  need   to  provide                 
  psychiatric evidence to  prove that a child  is not amenable                 
  to treatment.   She observed that  the Court stated that  it                 
  has  consistently  upheld  Superior   Court  orders  waiving                 
  juvenile jurisdiction.                                                       
                                                                               
  Ms. Goll  maintained that  the system  is not  broken.   She                 
                                                                               
                                4                                              
                                                                               
                                                                               
  urged  the  Committee  to  consider  creating a  task  force                 
  consisting  of  judges,  the  Department   of  Law  and  the                 
  Department  of  Health  and Social  Services  to  review the                 
  juvenile correction system.                                                  
                                                                               
  CHRIS  CHRISTENSEN, ATTORNEY,  ALASKA COURT  SYSTEM provided                 
  members with AMENDMENT 1 (Attachment 2).   He noted that the                 
  statute  reference  on   page  5,  line  15   is  incorrect.                 
  Representative Martin  MOVED to  ADOPT Amendment  1.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Mr. Shepherd  provided members with AMENDMENT  2 (Attachment                 
  3).  He explained that "at the time of  the alleged offense"                 
  was  inadvertently dropped  from  page  3,  line  26.    The                 
  Amendment  would  also  provide  that  the court  keep  open                 
  records of a criminal proceeding  initiated against a person                 
  if the court  finds that the person has not  complied with a                 
  court  order.    He  noted  that  there is  a  problem  with                 
  juveniles  ordered to  pay restitution.   The  court  has no                 
  authority  to assure  restitution after the  offender's 19th                 
  birthday.  Representative Martin expressed  concern with the                 
  provision to  keep records  open.   Mr. Shepherd  emphasized                 
  that records currently remain open for five years.                           
                                                                               
  Representative Navarre expressed concern that the affect  of                 
  preventing the closure of records is being underestimated.                   
                                                                               
  Representative  Parnell  noted  that  the  Amendment  should                 
  reference page 6, line 5 - 12.                                               
                                                                               
  Representative Hanley  MOVED to  ADOPT AMENDMENT  1.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  HCS CSSB 54 (JUD) was HELD in Committee.                                     

Document Name Date/Time Subjects