Legislature(1995 - 1996)

04/12/1996 01:35 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  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)                                            

Document Name Date/Time Subjects