Legislature(1997 - 1998)

04/09/1997 06:09 PM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       SB 63  DEADLY WEAPON OFFENSES BY JUVENILES                              
       SENATOR DONLEY,  Sponsor,  testified on  behalf of  the                 
       bill.  Also  testifying were  MARGOT KNUTH and  BARBARA                 
       BRINK.  SENATOR  DONLEY MOVED SB 63 from committee with                 
       individual  recommendations.    There   was  discussion                 
       concerning fiscal notes.   SENATOR DONLEY  withdrew and                 
       restated his motion to include all previously published                 
       fiscal notes and a new  Senate Finance Committee fiscal                 
       note for the Department of Corrections (indeterminate).                 
       SENATOR  ADAMS  objected.   SB 63  was REPORTED  OUT of                 
       committee by a 6  to 1 vote with previous  fiscal notes                 
       from the Department  of Administration  (indeterminate)                 
                                                                               
                                                                               
       and the Court System (5.5), a zero fiscal note from the                 
       Department of Public  Safety, and a new  Senate Finance                 
       Committee fiscal note for the Department of Corrections                 
       (indeterminate).                                                        
  SENATE BILL NO. 63                                                           
  "An  Act   providing  for  automatic   waiver  of   juvenile                 
  jurisdiction and prosecution of minors as adults for certain                 
  violations  of  laws by  minors  who use  deadly  weapons to                 
  commit  offenses  that  are  crimes  against a  person,  and                 
  relating to the sealing of the records of those minors."                     
                                                                               
  SENATOR  DONLEY, Sponsor, explained that SB  63 would add to                 
  existing  provisions for  automatic  waiver of  juveniles to                 
  adult court.   If  someone over  sixteen years  of age  were                 
  charged with using  a deadly weapon and  had previously been                 
  adjudicated as a delinquent  or convicted as an adult  for a                 
  similar or more serious crime, they would be waived to adult                 
  court.   He estimated that between six and eight individuals                 
  per year would fall into that category.                                      
                                                                               
  SENATOR  ADAMS  gave  examples of  different  scenarios  and                 
  inquired where a  teen would fall under the  new provisions.                 
  SENATOR DONLEY explained that there  were variables, such as                 
  if  they  had  been  previously  charged or  convicted,  and                 
  offered a sequence of events that would determine whether or                 
  not they would  be waived to adult  court.  He noted  a teen                 
  had to be sixteen or older.                                                  
                                                                               
  SENATOR  ADAMS  asked  for the  position  of  the governor's                 
  juvenile task force.  SENATOR DONLEY responded that they did                 
  not   support  additional   automatic   waivers  under   any                 
  circumstances.                                                               
                                                                               
  There was discussion about the  fiscal notes from the  Court                 
  System and the  Department of Corrections.   There was  also                 
  discussion about plans for additional juvenile incarceration                 
  facilities.                                                                  
                                                                               
  SENATOR ADAMS inquired about the administration's position.                  
                                                                               
  MARGOT KNUTH, Assistant Attorney General, Department of Law,                 
  spoke on  behalf of the  Governor's Conference on  Youth and                 
  Justice.  The group had concluded that the age should not be                 
  lowered for automatic  waiver offenses nor should  the level                 
  of offenses be  lowered.  She stated that a  problem with SB
  63 was that it  allowed automatic waiver for the  first time                 
  for class  C and B felony offenses.   She noted that studies                 
  had shown that kids subjected  to automatic waiver re-offend                 
  sooner,  the  level of  offense is  higher  and there  was a                 
                                                                               
                                                                               
  higher recidivism  rate.   She gave  examples of cases  that                 
  would fall under the provisions to illustrate the point that                 
  they were not the  types of people that would  be identified                 
  as the most  serious offenders.   The concern  was that  the                 
  automatic waiver put kids in with a group of "teachers" that                 
  would provide  an opportunity  to learn  even worse  habits.                 
  She summarized that the administration was opposed to SB 63.                 
                                                                               
  SENATOR DONLEY commented that the  testimony did not reflect                 
  the fact that there may be a  lot of people who would choose                 
  not to  re-offend if  they were  warned that  they would  be                 
  going to adult court next time.                                              
                                                                               
  COCHAIR   PEARCE  expressed   appreciation   for  the   case                 
  information provided and felt  it was a good example  of why                 
  the bill was needed.                                                         
                                                                               
  In  response to  a question  from  SENATOR ADAMS,  MS. KNUTH                 
  explained that the automatic waiver  law was responsible for                 
  194 of  218 youths currently  incarcerated and that  it cost                 
  more because of increased cases and  the need for a separate                 
  facility for those people.                                                   
                                                                               
  Addition  discussion ensued  between MS.  KNUTH and  SENATOR                 
  DONLEY.                                                                      
                                                                               
  BARBARA  BRINK,   Acting  Public  Defender,   Department  of                 
  Administration, testified that the assumption  that the bill                 
  would  improve  public safety  and  cut crime  bears further                 
  study.  She offered explanation of the  fiscal note provided                 
  by  her  agency, noting  that  processing through  the adult                 
  court was costlier than the juvenile delinquency arena.                      
                                                                               
  In response to a question from SENATOR ADAMS, SENATOR DONLEY                 
  explained that there  was not  a separate juvenile  facility                 
  within  the adult corrections  system, but they  try to keep                 
  teens separated or isolated.                                                 
                                                                               
  COCHAIR  SHARP called  for  further testimony  or  comments.                 
  There  being  none,  he  asked  for  the  pleasure  of   the                 
  committee.                                                                   
                                                                               
  SENATOR DONLEY MOVED  SB 63  from committee with  individual                 
  recommendations and all  fiscal notes  except that from  the                 
  Department of Corrections.  SENATOR ADAMS objected.  COCHAIR                 
  SHARP brought up the fiscal notes and lengthy discussion was                 
  had  as  to   whether  to  include  the   fiscal  note  from                 
  Corrections because it included costs for new facilities.                    
                                                                               
  SENATOR DONLEY withdrew  and restated his motion  to include                 
  all  previously  published  fiscal notes  and  a  new Senate                 
  Finance  Committee   fiscal  note  for  the   Department  of                 
  Corrections (indeterminate).  SENATOR ADAMS objected.                        
                                                                               
                                                                               
  End SFC-97 #92, Side 1, Begin Side 2                                         
                                                                               
  Discussion  about  the  Corrections fiscal  note  continued.                 
  COCHAIR  SHARP directed  that  the Senate  Finance Committee                 
  fiscal  note  for  the Department  of  Corrections  would be                 
  indeterminate  with a  comment section explaining.   SENATOR                 
  DONLEY  incorporated  that  as  part  of his  MOTION.    The                 
  objection was maintained.                                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
  IN FAVOR:  Parnell,  Donley,  Phillips,  Torgerson,  Pearce,                 
  Sharp                                                                        
  OPPOSED: Adams                                                               
  SB 63  was REPORTED OUT of  committee by a 6 to  1 vote with                 
  previous fiscal  notes from the Department of Administration                 
  (indeterminate) and the  Court System  (5.5), a zero  fiscal                 
  note from the Department of Public  Safety, and a new Senate                 
  Finance  Committee   fiscal  note  for   the  Department  of                 
  Corrections (indeterminate).                                                 

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