Legislature(1995 - 1996)
05/03/1995 08:45 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SENATE BILL 46
"An Act revising the provision of law under which a
minor may be charged, prosecuted, and sentenced as an
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adult in the district court, and adding to the list of
offenses for which a minor may be prosecuted as an
adult in the district court."
JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR, was introduced at
the urging of parents concerned with the lack of
consequences within the juvenile justice system when a minor
is arrested for an alcohol related offense. He added that
most of SB 46 was a re-write of existing law. The drafter
took the occasion of complying with Senator Taylor's request
to address alcohol issues by re-ordering the material
already listed in AS 47.10.010(b). Juveniles are already
exempted from juvenile delinquency rules for traffic
offenses, tobacco related offenses and fish and game
statutes.
Mr. Ambrose continued that SB 46 would add alcohol and
controlled substance related offenses to that list and
provide that such cases be handled in district court.
Representative Brown asked if the same topic had been
addressed in another piece of legislation.
MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION,
DEPARTMENT OF LAW, stated that the issue of warrantless
arrest was a part of another piece of legislation by
Representative Porter, HB 159. SB 46 would reduce minor
consuming from a misdemeanor violation not only for
juveniles but for all minors. She said that the Department
of Law supports that amendment, and that it would indicate
that the Department will not prosecute the defenses. She
explained the disadvantage to the State of Alaska in doing
this; as a violation there would be no jail time that could
be imposed or suspended. The judge could lose the ability
to order the minor into treatment.
Ms. Knuth elaborated that the Department of Law is
"troubled" by waiving juveniles into adult status for
"other" alcohol misdemeanors and all controlled substance
misdemeanors. That offense is referenced on Page 4, Line 8.
She continued, the misdemeanor offenses will make getting
into the military more difficult. For a conviction as
opposed to a violation, the person entering the military
would need to receive a waiver in order to enter. If there
is only one offense, that would be granted routinely,
although with anything else existing on the record, it would
become more difficult.
Ms. Knuth summarized that in addressing the current
legislation, the Department of Law has concluded that in
addressing subject by subject concerns is not working well
and that a broader perspective is needed to the automatic
waiving of juveniles from any offense involving a fire arm.
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Representative Navarre asked what would happen to the
juvenile's record after he/she reach eighteen years of age
(18). Ms. Knuth explained that the record would stay with
them. Representative Navarre voiced concern that the
legislation would implicate that kids are "no longer kids",
consequently they must respond and be like adults.
(Tape Change HFC 95-111, Side 1).
Mr. Ambrose noted that Sections 1-4, Page 3, is current
language. He emphasized that there would be no change in
that provision. The drafter only re-ordered the language;
it is not new.
Representative Mulder voiced concern with burdening children
with a long term record when their nature as a "kid" does
not have a frame of reference from which to make mature
decisions. He noted particular concern with the child's
future ability to be in the military service. He asked if
there was an alternative to the legislation; something more
"middle ground".
Ms. Knuth replied that the Department of Law proposed that
minor consuming be made a violation as occurs in the
proposed legislation and that on Page 4 of the legislation,
only (5)(B) relating to possession or consumption be kept
and that the other offenses be deleted from the list of the
automatic waiver offenses.
Representative Grussendorf stated that the legislation moves
away from granting the judge an alternative way to address
the consequences resulting from the offense. Ms. Knuth
responded that the cost involved with placing new juveniles
and then putting them through the misdemeanor process for
minor consuming would be very high. Only by prosecuting
them for a misdemeanor offense, would the judge have the
ability to require treatment. The options are limited.
Ms. Knuth added that a judge usually requires alcohol
screening and then leaves it to experts to determine if
treatment would be appropriate. She noted that the "Use It
- Lose It" law is currently on the books which applies to
minor consuming.
Ms. Knuth responded to a misunderstanding of Representative
Brown's. Except for minor consuming, the other offenses
listed on Page 4 of the legislation are misdemeanors, would
be prosecuted as such and would result in misdemeanor
sanctions. Only minor consuming would be reduced to a
violation for all offenders. Ms. Knuth pointed out that was
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listed on Page 3, Line 4 of the bill.
Representative Navarre questioned the effect of the Alaska
Delinquency Laws on the legislation. Ms. Knuth explained
that it would effect juvenile delinquency proceedings, they
instead would be treated as an adult and appear in district
court.
Representative Therriault MOVED to report CS SB 46 (RLS) out
of Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS SB 46 (RLS) was reported out of Committee with a "no
recommendation" and with a fiscal note by the Alaska Court
System dated 3/6/95 and zero fiscal notes by the Department
of Administration dated 3/22/95 and the Department of Law
dated 3/6/95.
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