Legislature(2005 - 2006)HOUSE FINANCE 519
05/06/2005 08:30 AM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB237 | |
| SB154 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 237 | TELECONFERENCED | |
| + | SB 154 | TELECONFERENCED | |
| += | HB 291 | TELECONFERENCED | |
| + | TELECONFERENCED |
CS FOR SENATE BILL NO. 154(JUD)
An Act relating to the jurisdiction for proceedings
relating to delinquent minors and to telephonic and
televised participation in those proceedings; amending
Rules 2, 3, 4, 8, 12, 13, 14, 15, 16, 21, 22, 23, 24.1,
and 25, Alaska Delinquency Rules; and providing for an
effective date.
HEATHER BRAKES, STAFF, SENATOR GENE THERRIAULT, noted that
SB 154 addresses two concerns of juvenile justice in Alaska:
* Improving the State's ability to hold juvenile
offenders accountable for their conduct, and
* Increasing the efficiency of the juvenile justice
system by allowing telephonic hearings where personal
appearance is not necessary for the fair determination
of an issue.
Ms. Brakes continued, SB 154 fills a gap in Alaska's
statutes which allows young offenders to avoid prosecution
if their role in a crime is not discovered until after the
offender becomes 18 years of age, or if charges are not
filed before the offender turns 18.
• Currently, when a person under 18 commits a
delinquent act, the juvenile justice system is
responsible for that matter; when a person over
18 commits a crime, the adult criminal system
is responsible for prosecution.
• Recent court decisions have highlighted a
loophole in the law, where a youth commits a
delinquent act while under 18 years of age, but
is not discovered or proceedings are not
identified until that person reaches 18.
Neither the adult nor the juvenile system has
clear jurisdiction.
• The gap is illustrated by a recent case that
arose in Kenai. The State filed a Petition for
Adjudication of Delinquency on a 19-year-old,
who was alleged to have committed a sexual
assault when he was 17 years old. The Superior
Court dismissed the petition, holding, "there
is nothing in the statutes that suggests the
legislature contemplated adjudication trials
for adults who committed crimes as juveniles."
• SB 154 fills the gap in jurisdiction by holding the
juvenile accountable. The key change is found in AS
47.12.020(b), providing that the delinquent minor
statutes apply to a person who commits a violation
of criminal law of the state or a municipality while
under 18 years of age, if the period of limitation
under AS 12.10 has not expired.
Ms. Brakes concluded SB 154 amends Alaska's Delinquency
Rules to allow for telephonic participation by juvenile
offenders in certain proceedings. The law would still
require a juvenile offender to be present for all hearings
where personal presence is necessary for a fair
determination of the issue. However, it would avoid
expensive travel, where juveniles are transported to court
appearances such as status hearings, when telephonic or
televised appearance is adequate for the matter to be fairly
decided.
8:59:57 AM
PATTY WARE, DIRECTOR, DIVISION OF JUVENILE JUSTICE,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, explained that
passage of the bill is important for the State juvenile
justice system for two reasons. With regard to the judicial
component resulted from two court cases out of Kenai. Both
of those were serious offenses with multiple accounts of
sexual assault. In both instance, the Court ruled that
neither the juvenile nor the adult correctional system had
legal jurisdiction to do any type of prosecution in the
case. She stressed that ruling was not acceptable and that
offenders need to be held accountable.
Ms. Ware highlighted the primary sections of the bill.
Establishing jurisdiction, the two key changes in the
statute are found in Sections 1 & 7. Section 1 creates a
new sub section indicating that class of minors. Section 7
allows the court to have jurisdiction to adjudicate and
dispose of cases under existing juvenile statute. Section 2
addresses clean up provisions in Title 47 related to
situations in which, if the offender were now an adult,
would no longer apply.
9:03:12 AM
Ms. Ware continued, Sections 3 - 6 deal with dual
sentencing. In the existing delinquency system, for certain
serious offenders after the age of 16, the State can impose
both a juvenile and adult sentence. That language allows
the same option in certain circumstances. She summarized
that those components deal with the jurisdictional aspect of
the bill.
Ms. Ware discussed the last section, which addresses changes
to the delinquency rules. Currently, in that area,
juveniles have the right to be present at every court
hearing. The delinquency rules do not specify which type of
court hearings those are. The Department of Health & Social
Services ends up transporting juveniles for hearings that
sometimes last less than four minutes and are not contested,
which is particularly significant in the northern regions of
the State for offenders held in youth facilities.
Transportation results in a huge expense. The proposed
section of the bill would allow for either party to request
permission to be present by telephonic appearance. She
advised this would not hold true for the substantive
hearings.
9:05:54 AM
Ms. Ware emphasized that decision would not come from the
Department but rather, contingent upon the decision of the
judge.
9:06:24 AM
Co-Chair Chenault asked if a telephonic system was currently
in place. Ms. Ware responded that telephonic hearings
happen through regular phone lines.
Co-Chair Chenault asked about the fiscal notes. He
referenced the fiscal comments by the Public Defender Agency
(PDA) and the Office of Public Advocacy (OPA). He asked if
the offender would be tried as an adult if the crime were
committed at the age of sixteen and then two years had
lapsed. Ms. Ware responded that was a separate component of
the bill. She addressed the jurisdiction regarding whether
the offender was tried as adult, which would depend on the
age at the time of the offense. If the young person was
sixteen or older at the time of the crime and the crime was
a felony, even under existing statute, they would be tried
as an adult offender.
9:09:10 AM
Co-Chair Chenault asked if that were the case, would the
offender have both a Public Defender and an OPA attorney.
Ms. Ware explained that whether the offender was a juvenile
or an adult, the court decides the right to the Public
Defender Agency. OPA only steps in if there is a conflict
of interest. She added, telephonic hearings only impact the
delinquency rules. If the offender were tried as an adult,
they would be tried under the criminal rules of court.
9:10:56 AM
Representative Croft clarified that the offender would be
charged for the crime as they were at the age of the actual
crime. Ms. Ware responded that is what currently happens
without the proposed bill. If a crime is committed and the
system does not find out about it until after the age of
eighteen years, there is no legal jurisdiction.
Representative Croft commented on the "black hole" resulting
from "the window of opportunity" for trying the offender.
Co-Chair Chenault was worried about costs incurred to the
State. Ms. Ware reiterated that the issue in terms of
jurisdiction is the age at the time of the crime.
Representative Croft asked which attorney would the offender
be assigned if they were no longer a juvenile at the time of
sentencing. Ms. Ware guaranteed that they would not have
two attorneys. Depending on the circumstances of the case,
the bill allows certain jurisdictions, depending on the
severity of the case. It is not intended to hold adult
offenders in juvenile institutions or the juvenile probation
officers to supervise adults in the communities.
9:14:18 AM
Representative Croft asked when an offender would qualify
for the Public Defender or an OPA attorney. Ms. Ware
replied it would be the Public Defender.
9:14:40 AM
ANNE CARPENETI, ASSISTANT ATTORNEY GENERAL, LEGAL SERVICES
SECTION-JUNEAU, CRIMINAL DIVISION, DEPARTMENT OF LAW,
offered to answer questions of the Committee.
9:15:21 AM
ANTHONY NEWMAN, DIVISION OF JUVENILE JUSTICE, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES, offered to answer questions of
the Committee.
9:15:51 AM
Representative Hawker noted that the bill was available for
cross sponsorship.
9:16:20 AM
Representative Foster MOVED to REPORT CS SB 154 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
HCS CS SB 154 (JUD) was reported out of Committee with a "do
pass" recommendation and with indeterminate note #1 and #5
by the Department of Administration, zero note #2 by the
Department of Law and zero note #3 by the Department of
Health & Social Services.
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