Legislature(1997 - 1998)
03/07/1997 01:32 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
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= bill was previously heard/scheduled
SB 3 MINORS' CURFEW VIOLATION HEARD IN DISTRICT COURT
SENATOR PEARCE , sponsor of the measure, said SB 3 establishes a
uniform approach to handling curfew violations for those
communities that wish to enact a curfew ordinance. Recently, the
City of Juneau attempted to enact a youth curfew but found no
avenue to prosecute offenders. SB 3 mandates that all juvenile
curfew violations be handled in District Court, with a parent or
legal guardian present during the proceedings. SB 3 will allow for
more effective and expeditious handling of these offenses.
SENATOR PEARCE added Juneau is fortunate to have Judge Froehlich
who has taken it upon himself to spend a great deal of time on
youth cases, particularly alcohol and drug offenses. Judge
Froehlich estimates about 75 percent of the young people out after
Juneau's proposed curfew time are the group who end up as the more
serious alcohol, drug and tobacco offenders. He believes
communities need all of the tools available to handle youth
intervention as early as possible.
SENATOR PEARCE explained SB 3 has a fiscal note from the Court
System because it calls for court hearings for curfew violators.
She noted the Municipality of Anchorage (MOA) has proposed an
amendment to allow for a community work option if the offender
cannot afford to pay a fine, or if the parents choose not to pay
the fine. The amendment is permissive, because a recent court
decision requires that a youth offender who is sentenced to a
certain amount of community work has the right to a jury trial.
She was unsure whether youth courts can be used in place of a jury
trial.
SENATOR ELLIS asked whether the fiscal note accounts for the
amendment. SENATOR PEARCE said she would provide the committee
with an updated fiscal note. SENATOR ELLIS asked Mr. Christensen
to speak to the assumption in the fiscal note that no municipality
will criminalize curfew violations.
CHRIS CHRISTENSEN , Alaska Court System, stated last year the MOA
adopted an ordinance making curfew violations a civil offense and
issued 1500 citations. Those cases are currently being handled by
a municipal hearing officer. Offenders have the right to appeal
those cases to a court, but a $750 bond is required, and so far
there has only been one appeal. Currently cities cannot
criminalize curfew violations, because only the Division of Family
and Youth Services (DFYS) can prosecute juveniles. SB 3 adds
curfew infractions to the list of crimes for which minors can be
prosecuted. SB 3 raises two issues: are curfews good public
policy; and how will this policy affect the court system. He
explained Alaska is one of only five states with a fully unified
court system meaning the state courts do everything. Other states
have city and county courts. Therefore when municipalities create
a crime by ordinance, that crime is prosecuted in the state courts.
Sometimes the Legislature has passed laws giving municipalities the
right to take actions, and they have done so in a much more
expansive way than the Legislature expected. He gave the example
of the MOA's authority to enact traffic ordinances and its use of
a photo-radar operation which resulted in an increase of 8,000
traffic tickets in one year. Those tickets cannot be paid by mail
and require interaction with the court system. No one guessed the
fiscal impact MOA's action would have.
MR. CHRISTENSEN explained the fiscal note for SB 3 contains a
conservative estimate of 3,000 curfew violations, since some of the
violators will simultaneously receive an underage drinking ticket.
Although SB 3 allows municipalities to treat curfew violations as
misdemeanors as well as infractions, he prepared the fiscal note
assuming municipalities will not charge curfew offenders with
misdemeanors because they will be required to provide a public
defender and the court system will have to provide a six person
jury. Most infractions are on bail schedules, and most people pay
them by mail or at the counter. Also problematic is that SB 3
allows municipalities to demand that curfew offenders make a court
appearance, even if the curfew violation is treated as an
infraction. He suggested, if it is not the committee's intent to
treat curfew violations as misdemeanors and/or to force the
offenders to make a court appearance, that SB 3 be amended to read
the offenses should be treated as infractions and should be on the
municipality's bail schedule. With respect to the court decision
(Booth v. State) referred to by Senator Pearce, a 1995 appeal was
based on a law authorizing judges to impose mandatory work service
for felonies and misdemeanors, but not for infractions. The Booth
decision requires if the sentence for a crime is mandatory, not
optional, community service, the person has the right to a jury
trial and a public defender.
Number 153
SENATOR PEARCE clarified on page 1, line 18 of the amendment,
community service is clearly provided as an option.
SENATOR ELLIS asked Senator Pearce if it is her intent to require
offenders to make a court appearance. SENATOR PEARCE believed it
best to have the option to require a court appearance if those
involved feel it will be useful for a particular child to go before
a judge. It has had a positive impact in Juneau.
Number 123
SENATOR ELLIS questioned whether a municipality would have to apply
the same policy to all offenders, or whether offenders could be
treated differently based on circumstances. MR. CHRISTENSEN
replied a municipality could choose to, for example, put first
offenders on a bail schedule, and have second offenders make a
court appearance. He repeated the court system's fiscal note is
based on the assumption that all municipalities will not require a
court appearance, so it contains a conservative estimate. He added
with infractions on the bail schedule, the court sees only about
one-third of the offenders.
SENATOR PEARCE stated her intent is to provide another tool for
local governments, and she hopes they would not throw all cases
into the court system, but instead would take advantage of this
tool for second offenders. She said she is open to ideas as to how
to best accomplish that goal. She felt the court system's fiscal
note is not outrageous, especially if SB 3 keeps one minor out of
jail for one year.
SENATOR ELLIS noted his support of the amendment, but inquired
whether it was requested by the Anchorage Assembly. SENATOR PEARCE
responded it was not. Assemblyman Murdy expressed support of the
bill but she introduced it in response to Juneau's situation.
Assemblyman Murdy requested that community work be an option
because in some instances parents refuse to pay the fine and there
is no way to force the child to do anything as an alternative.
Number 076
SENATOR ELLIS asked if it is safe to assume the Anchorage Assembly
has no objection to the approach in SB 3. SENATOR PEARCE said no
one has expressed objection. She added she has had no indication
that the MOA will rush to criminalize curfew violations.
SENATOR ELLIS questioned whether a parent will be compelled to be
present during a court hearing under SB 3. MR. CHRISTENSEN said
the language in the bill regarding the presence of parents is in
existing law. It is current practice with minor traffic
violations, among others, but does cause problems because cases
often have to be held over because someone cannot attend.
Number 046
SENATOR ELLIS asked for more detail on the practical application of
that provision. MR. CHRISTENSEN offered to provide Senator Ellis
with more information at a later date.
TAPE 97-18, SIDE A
Number 000
STEVEN GRUENSTEIN , representing Guardians for Family Rights,
testified in favor of SB 3. Teenagers need limits, quick
consequences, and early intervention, when they step out of line.
SB 3 will prevent jail time in many cases. He supports the
community service option and a system with teeth.
SENATOR MILLER offered Amendment 1. There being no objection to
the adoption of Amendment 1, it was so ordered.
SENATOR PEARCE repeated her willingness to entertain suggestions
for improvements or alternatives to SB 3, but stated her belief
that early intervention is less costly than incarceration.
SENATOR PARNELL moved SB 3 as amended from committee with
individual recommendations. There being no objection, the motion
carried.
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