Legislature(1995 - 1996)
04/12/1996 01:35 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 26 "An Act providing for automatic waiver of juvenile jurisdiction and prosecution of minors as adults for certain violations of laws by minors who use firearms to commit criminal offenses and relating to the sealing of the records of those minors." KAREN BRAND, STAFF, SENATOR DAVE DONLEY testified on behalf of SB 26. She observed that the legislation would automatically treat juveniles who are 14 years of age and older and who has committed a second offense with the use of a deadly weapon as an adult. She noted that violent crimes are identified under AS 11.41. She explained that "firearm" 6 was replaced with "deadly weapon" in the Senate Finance Committee. A deadly weapon is defined as a firearm, axe, metal knuckles, club, knife, or explosives. She stressed that SB 26 is supported by the National Rife Association, National Education Association, Spenard Community Council, and the Anchorage, Juneau and Fairbanks police departments. She observed that five other states have adopted similar legislation. She emphasized that jail time is required for a first time offense for a juvenile gun related charge in these five states. In response to a question by Representative Martin, Ms. Brand noted that there are approximately 16 juveniles incarcerated that would have been affected by the legislation. The Department of Law estimates that 18 juveniles would be affected a year. Ms. Brand referred to the Sponsor's response to the Department of Corrections' fiscal note for SB 26 (copy on file). She noted that Senator Donley disagrees with the estimated impact of the fiscal note. She observed that the Department of Corrections took into consideration of the fiscal note that a new facility would have to be constructed to house juveniles, including juveniles that are already incarcerated. She maintained that SB 26 does not require the construction of a new facility. DEL SMITH, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY testified in opposition to the automatic waiver of fourteen year old juveniles to adult status. He emphasized the need for a comprehensive approach to juvenile crime. He noted that current law allows the waiver of fourteen year old juveniles when appropriate. LAURIE OTTO, DEPUTY ATTORNEY GENERAL, DEPARTMENT OF LAW noted that automatic waiver provisions are in AS 47.10.010. She referred to page 2 of the legislation. She observed that there are provisions for discretionary waivers in cases that are not covered by the automatic waiver law that would allow waiver when appropriate. She added that AS 47.10 allows discretionary waiver of anyone regardless of age if the State can show that they are not amenable to treatment as a juvenile. Representative Kelly asked if juveniles under 16 are being currently waived to adult status. Ms. Otto pointed to her experience in the criminal justice system. She stressed that the legislation would waive eighth and ninth graders into adult prisons for misdemeanor crimes that include kicking people with boots. She observed that the legislation applies to any crime in AS 11.41, not 7 just felony crimes. She noted that "deadly weapons" can include feet shod in boots. She emphasized that the legislation requires that all 14 year old offenders that have committed a second offense with a deadly weapon belong in adult jails. She asserted that 14 year old juveniles do not belong in adult jails. She acknowledged that the State does need to deal with juveniles more seriously. She maintained that the major problem in the juvenile system is with those that commit minor crimes. She asserted that it needs to be clear that there are consequences for breaking the law at an early age. Ms. Otto stated that the Department is not aware of a case where a juvenile has fallen through the cracks and deserves to be put in an adult jail. She maintained that the McLaughlin facility does a good job of getting kids through school and treatment. She stressed that these children will be held in the juvenile system for six years. She stated that lack education contributes to adult criminal behavior. She emphasized that juveniles do not have to receive an education in adult jails. Ms. Otto noted that the Governor's Conference on Youth and Justice, Juvenile Offenders Work Group has developed a strong statement of philosophy for the juvenile offender's system. She stressed that the group did not want to extend waivers to children under sixteen. She observed that many states are going to a three tier system. Juveniles in the third tier can be given a juvenile sentence and an adult sentence. If they complete their time in the juvenile system without any problems the adult sentence is dissolved. If they violate their juvenile sentence the adult sentence is imposed. She maintained that this approach is an appropriate middle ground. Representative Kelly expressed support for juvenile adjudication. Ms. Otto noted that all the children that would come under the bill would be adjudicated. Representative Kelly expressed frustration that juveniles need to come before the court. Ms. Otto acknowledged that consequences need to be swift. Representative Therriault noted that steps have already been taken to make waiver into adult status easier. Representative Grussendorf asked if Ms. Otto would be more supportive if "deadly weapon" was changed to "firearm". Ms. Otto replied that if the bill applied to sixteen year olds, firearms and felonies she would be more supportive. She reiterated that there is not currently a problem. She spoke in support of a three tier system. 8 TOM WALKER, ALASKA ASSOCIATIONS OF CHIEF OF POLICE, SEWARD spoke against the legislation. He agreed with remarks by Ms. Otto. He emphasized that fourteen year old juveniles should not be automatically waived to adult status. Mr. Smith stated the Anchorage Police Department does not support the legislation. Representative Brown referred to the fiscal note. MARGARET PUGH, COMMISSIONER, DEPARTMENT OF CORRECTIONS spoke in support of the fiscal note. She noted that 14 to 15 juveniles would be added per year. She noted that there are currently 20 juveniles in adult facilities. She stressed that a few juveniles can be incorporated, but that a large population of juveniles cannot be accommodated in existing adult facilities. She stated that it is not in the State's or the juvenile's best interest to have 14 year olds in with convicted adult felons. She emphasized that they would be subject to sexual and other assaults. She acknowledged that SB 26 does not require additional education. She maintained that lack of education is a major contributing factor in juvenile crime. She stressed the moral obligation to provide education at a higher level than what is available for adult offenders. Representative Brown asked what level of education is being provided to juvenile offenders currently in adult jails. Commissioner Pugh noted that the Department of Education is concerned that the level being provided does not meet federal requirements. Commissioner Pugh noted that it is impossible to keep juveniles separated from adults offenders 24 hours a day. She stressed that every effort is made to provide a safe environment. Commissioner Pugh explained that the McLaughlin school model was used to estimate operation costs. Representative Mulder observed that the fiscal note was not attached until the House Finance Committee. Commissioner Pugh stated that she believes that separate services would need to be provided for juveniles in adult facilities. Representative Mulder stressed that discussion in the Senate would have been altered if there had been a fiscal impact note. SB 26 was HELD in Committee for further consideration. (Tape Change, HFC 96-117, Side 1)
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