Legislature(1993 - 1994)

02/25/1993 09:10 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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  CS FOR SENATE BILL NO. 54(JUD):                                              
                                                                               
  "An Act relating to violations of  laws by juveniles, to the                 
  remedies for offenses and  activities committed by juveniles                 
  and to records  of those offenses,  and to incarceration  of                 
  juveniles who have been charged, prosecuted, or convicted as                 
  adults; and providing for an effective date."                                
                                                                               
  CO-CHAIR DRUE PEARCE announced that the Q-version of CSSB 54                 
  dated 2-24-93 was  being brought before the committee.   She                 
  pointed  out seven fiscal notes  came with the bill totaling                 
  $318.2.  Brant  McGee, Director, Office of  Public Advocacy,                 
  joined the committee via teleconference from Anchorage.                      
                                                                               
  SENATOR  BERT SHARP  moved for  adoption CSSB 54  work draft                 
  "Q".  Hearing no objections, IT WAS SO ORDERED.                              
                                                                               
  Co-chair Pearce invited Senator Rick  Halford, sponsor of SB
  54, to join  the committee  at the table.   SENATOR  HALFORD                 
  said the changes in the Q-version were technical amendments.                 
  The first major change is to provide for  trial as adults by                 
  16 and 17 year-olds who commit major felony crimes which are                 
  essentially unclassified felonies or class  A felonies.  The                 
  second  change  provides  that  if  an individual  had  been                 
  adjudged to  be an adult or is convicted  of a felony, he or                 
  she will be  tried as an  adult.   Thirdly, it provides  for                 
  availability of records to victims  of delinquent crime, and                 
  allows  for mandatory  restitution including  the offender's                 
  PFD.                                                                         
                                                                               
  Senator  Halford   stated  that  SB   54  affected   several                 
  departments.  He  said that  DPS and DHSS  show zero  fiscal                 
  notes.  DOC  shows a $10.0  fiscal note increasing over  the                 
  years.  He felt that there should be a savings in  DHSS even                 
  though it may not be enforced.  The largest fiscal notes are                 
  from the  Office of Public  Advocacy (OPA),  and the  Public                 
  Defender's  Office (PDO).   He  said  the Department  of Law                 
  showed a fiscal note.  He felt  the fiscal notes for OPA and                 
  PDO could be reduced.                                                        
                                                                               
  CO-CHAIR  STEVE  FRANK asked  for  specific crimes  that are                 
  covered under SB 54.   Senator Halford outlined crimes  that                 
  were included in  the bill.   Co-chair Frank asked how  many                 
  juveniles would be effected  by SB 54.  JOHN  SHEPHERD, aide                 
  to Senator Halford, said that  DOC anticipates an additional                 
  10  long-term juveniles  into the  system  each year  and is                 
                                                                               
                                                                               
  reflected  in the fiscal note  formula.  DYFS anticipates 24                 
  per year, DOL 25-30  cases a year.  Senator  Halford pointed                 
  out that some of the cases would be waived up under existing                 
  law.  Mr. Shepherd said that between 10 and 20 juveniles are                 
  waived  up each  year.   Senator  Halford  pointed out  that                 
  juveniles unless they are waived are  under DHSS not DOC and                 
  can  be  held until  a year  or  two after  their eighteenth                 
  birthday and not longer than their twentieth birthday.                       
                                                                               
  SENATOR  STEVE RIEGER  asked if  you were  prosecuted  as an                 
  adult, and  the charges are  eventually lowered to  a lesser                 
  crime, the juvenile would go back into  the juvenile system.                 
  JACK  CHENOWITH,  Attorney,  Legislative  Legal Counsel  and                 
  author of  SB 54,  answered affirmatively.   Senator  Rieger                 
  asked what  second-degree misconduct involving  a controlled                 
  substance and what  is kidnapping.   Mr.  Chenowith was  not                 
  able  to  define  those  crimes  without  referring  to  the                 
  statute.                                                                     
                                                                               
  Senator Rieger asked  if the repetitive nature  of the crime                 
  would effect 16-18 year olds.  Mr. Chenowith said that SB 54                 
  stated a minor 16  years of age or older, if  charged with a                 
  unclassified felony or a class A felony, would be charged as                 
  an adult.  Co-chair Pearce asked if 16 and 17 year  old gang                 
  members from another  state could  be captured  if they  had                 
  been  convicted on a lesser charge.   Mr. Chenowith answered                 
  negatively.  He said  they would had to have  been convicted                 
  of a  felony.    Senator Rieger  asked  for  an  explanation                 
  solicitation to commit murder.   Mr. Chenowith said he would                 
  need  a  statute but  essentially  it was  prompting another                 
  individual to commit murder.                                                 
                                                                               
  Senator Rieger  directed attention to  page 3, line  24, and                 
  asked for an explanation.  Mr.  Chenowith said if a juvenile                 
  is charged with  an unclassified  felony and other  charges,                 
  the felony causes the minor to treated as an adult.                          
                                                                               
  Co-chief Pearce  asked what records  are sealed and  who can                 
  get  to  records  that  are  not  sealed.   Senator  Halford                 
  understood that as a minor all records are sealed unless the                 
  juvenile  is  tried in  adult  court.   This  would  make it                 
  difficult for an  individual to sue and  recover any losses.                 
  Mr. Chenowith agreed that minor's records  are sealed but if                 
  a  person  can  persuade  a  judge that  he  or  she  has  a                 
  legitimate interest,  the records  can be opened.   He  said                 
  that in  SB 54 a  person who had  a legitimate  interest was                 
  better defined.                                                              
                                                                               
  Co-chair Pearce asked  if SB 54  gave new responsibility  to                 
  parents  of  minors.   Senator  Halford said  increasing the                 
  liability of parents for actions of their minor children had                 
  been considered.   He said he  was in support of  increasing                 
  parental   liability  but   it   should  be   combined  with                 
  legislation giving parents more control.                                     
                                                                               
                                                                               
  Co-chair  Pearce  directed  attention  to  Co-chair  Frank's                 
  amendment                                                                    
  to CSSB  54 and invited Jack  Chenowith to explain  it.  Mr.                 
  Chenowith said the  amendment he prepared that  reversed the                 
  presumption as to  accessibility of  records as to  offenses                 
  committed by minors 16 years of age and older.  He cited the                 
  change in amendment #1 by Senator Frank (copy on file), page                 
  1, to  be in  Section 1. "unless  the record  is, by  law, a                 
  public  record".   This  change  makes an  exception  to the                 
  public records law under which  juvenile records are closed.                 
  On page 2,  changes to Section  8. amend  CSSB 54 by  making                 
  "the records of a minor 16 years or older at the time of the                 
  alleged  offense  and  who was  convicted  or  adjudicated a                 
  delinquent for  the commission  of that  offense," a  public                 
  record.  On page 3 of amendment  #1, he said the change said                 
  that names and pictures  of minors who are children  in need                 
  of  aid  are not  available as  public  records.   Names and                 
  pictures of minors who were not 16  years of age or older at                 
  the time of an alleged offense are not public record and not                 
  available for inspection.  Conversely, names and pictures of                 
  minors 16 years  of age  or older are  available for  public                 
  record.                                                                      
                                                                               
  Co-chair Frank felt that juveniles should be accountable for                 
  their actions as well as adults and the public had the right                 
  to know.  Senator Rieger pointed out that at the end of page                 
  3 of the amendment  #1, the last sentence was  not complete.                 
  Senator Rieger directed  attention to page  of CSSB 54.   He                 
  asked if after  5 years  records could be  petitioned to  be                 
  closed.   Mr. Chenowith stated that under  current law there                 
  was a mechanism in  place by which criminal proceedings  can                 
  be  sealed after a  period of five  years.  In  CSSB 54 that                 
  stays in place  except if  the individual  has not  complied                 
  with  the orders of the court,  then the record would not be                 
  sealable.  He reaffirmed that amendment #1 opened the record                 
  of a minor 16 years or older at the time he/she was involved                 
  in the alleged offense.   SENATOR GEORGE JACKO asked  if the                 
  court  records  were  public  record  before the  minor  was                 
  convicted.   Mr.  Chenowith  said  that  only the  name  and                 
  picture would be public record before a conviction.                          
                                                                               
  SENATOR TIM KELLY asked if minors  were fingerprinted at the                 
  time  of arrest.    Mr. Shepherd  believed that  minors were                 
  fingerprinted but  their fingerprints were not  entered into                 
  the system for tracking purposes unless they are 16 years or                 
  older and have already been convicted.                                       
                                                                               
  Co-chair  Pearce  asked  Brant  McGee, Director,  Office  of                 
  Public Advocacy, via teleconference, to  respond to CSSB 54.                 
  BRANT MCGEE stated that he had doubts about the fiscal notes                 
  attached to the bill including the one for OPA and felt they                 
  were contradictory.   He said  if prior  testimony was  true                 
  that stated 10  percent of the felony crimes  were committed                 
                                                                               
                                                                               
  by juveniles, then  the impact on DOL  would be more than  a                 
  zero  fiscal  note.   In respect  to  OPA's fiscal  note, he                 
  explained  that CSSB 54  would cause  more felony  trials to                 
  take place and  felony trials were  the most expensive.   In                 
  looking at numbers  generated by Family and  Youth Services,                 
  FY92 under category  1A, it is stated  that 28 of the  60 He                 
  said that by changing whole categories of defense into adult                 
  court cost would be  increased for a number of  other larger                 
  categories of cases.   He said the waiver provisions  of the                 
  statute were restricted to a small percentage of cases.                      
                                                                               
  End SFC-93 #28, Side 2                                                       
  Begin SFC-93 #30, Side 1                                                     
                                                                               
  Co-chair   Pearce   invited    Randall   Hines,    Associate                 
  Coordinator,  Division  of  Family   Youth  Services,  Youth                 
  Corrections Program, Department of Health & Social Services,                 
  and   Rick  Barrier,   Efficiency  Analyst,   Department  of                 
  Corrections, to join the committee at the table.                             
                                                                               
  RICK BARRIER agreed that several set of  numbers appeared in                 
  the analysis for CSSB 54.  He  said that CSSB 54 would cause                 
  the Department of Corrections to  pick up additional inmates                 
  even if  the charge is  dropped to a lesser  offense and the                 
  minor is returned  to juvenile  court.  He  said the  fiscal                 
  note does  not reflect  that fact.   He said  the long  term                 
  financial impact could  be quite significant.   In addition,                 
  the time served for juveniles would  be longer and that will                 
  increases costs.  This is a difficult to reflect on a fiscal                 
  note.    He said  some  would end  up  in an  adult facility                 
  anyway.                                                                      
                                                                               
  RONALD HINES offered statistics regarding waivers requested.                 
  He said in  FY91, there  were eleven  waivers requested  and                 
  five granted by the court.  In FY92, ten  were requested and                 
  9 were granted.   In FY87, 8 waivers  were requested, and 15                 
  waivers were requested in FY88 & FY89.  Senator Rieger asked                 
  by DHSS did not show a negative fiscal note.  Mr. Hines said                 
  the  amount  of  referral  that   this  group  of  offenders                 
  represents is small compared to the caseload.                                
                                                                               
  In answer  to Co-chief Pearce,  Senator Halford said  he did                 
  not  remember   if  there  were  any  recommendations  about                 
  juvenile offenders  in the  Commissioner's task  force.   In                 
  understanding the fiscal notes,  Senator Halford stated that                 
  two  things  were  happening.    One  was  the  transfer  of                 
  responsibility, and  the other the  change in length  of the                 
  sentencing.    He felt  that there  had  to be  a subsequent                 
  reduction in DHSS for any increase there was in DOC.                         
                                                                               
  Senator Sharp pointed out that the juveniles considered were                 
  serious and repeat offenders.  He felt the protection of the                 
  public  would be served by CSSB 54.  Costs incurred may come                 
  earlier  but  would be  offset  by  keeping  the minor  from                 
                                                                               
                                                                               
  committing other offenses at the public's expense.                           
                                                                               
  Co-chair  Frank  MOVED  for adoption  of  amendment  1 dated                 
  February 25 1993.  Senator Rieger OBJECTED.  Senator  Rieger                 
  was  opposed  to  Section  9.  in that  protections  usually                 
  pertaining to minors did not apply just because the juvenile                 
  was charged not  convicted.   Senator Rieger  MOVED that  an                 
  amendment be made to amendment 1 by removing Section 9.                      
                                                                               
  Co-chair  Frank felt that if  an individual was charged, the                 
  public had a right  to know and proposed that  protection of                 
  minors had gone too  far.  SENATOR GEORGE JACKO said  he was                 
  in favor of the  amendment.  He felt the  individuals' names                 
  and pictures should not be released to the public because of                 
  the detrimental effects upon them and their families.                        
                                                                               
  Senator Sharp  confirmed that there  was a  small number  of                 
  juveniles waived for judication.  Mr. Hines repeated that in                 
  FY92  there  were 10  requests made  to  the court  to waive                 
  juveniles  into adult  court and  9 were  granted.   Senator                 
  Rieger asked what  happened to  the one minor  that was  not                 
  waived.    Mr.  Hines  said  the department  recognizes  the                 
  potential for humiliation  for other  family members if  the                 
  minors' name and pictures are  released and was sensitive to                 
  that fact.                                                                   
                                                                               
  Co-chair Pearce asked for  a roll call vote on  the adoption                 
  of the amendment by Senator Rieger to amendment 1.                           
                                                                               
       YEA: Rieger, Kelly, Jacko                                               
                                                                               
       NAY: Frank, Pearce, Sharp                                               
                                                                               
  The amendment FAILED to be adopted by a vote of 3 to 3.                      
                                                                               
  Co-chair  Pearce MOVED for adoption of amendment 1.  Senator                 
  Rieger  OBJECTED.   He voiced  his objection  to  Section 9.                 
  which removed  the protection  of public  record prematurely                 
  before a juvenile is  convicted. A roll call vote  was taken                 
  on amendment 1.                                                              
                                                                               
       YEA: Sharp, Kelly, Frank, Pearce                                        
                                                                               
       NAY: Jacko, Rieger                                                      
                                                                               
  The amendment was ADOPTED by a vote of 4 to 2.                               
                                                                               
                         Recess 10:20am                                        
                        Reconvene 10:25am                                      
                                                                               

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