Legislature(1993 - 1994)
01/14/1994 01:42 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
January 14, 1994
1:42 p.m.
TAPE HFC 94-2, Side 1, #000 - end.
TAPE HFC 94-2, Side 2, #000 - end.
CALL TO ORDER
Co-Chair Larson called the House Finance Committee to order
at 1:42 p.m.
PRESENT
Co-Chair Larson Representative Hoffman
Co-Chair MacLean Representative Martin
Vice-Chair Hanley Representative Navarre
Representative Brown
Representative Foster Representative Therriault
Representative Grussendorf
Representative Parnell was absent from the meeting.
ALSO PRESENT
Senator Halford; Senator Donley; Representative Willis;
Katherine Tibbles, Social Services Program Officer,
Department of Health and Social Services; John Salemi,
Director, Public Defender Agency, Department of
Administration; Sherrie Goll, Alaska Women's Lobby; Dean
Guaneli, Chief, Assistant Attorney General, Department of
Law; Deborah Wing, Director, Division of Family and Youth
Services, Department of Health and Social Services; Margot
Knuth, Criminal Division, Department of Law; Edward McNally,
District Attorney, Department of Law; Cynthia Strout,
Private Attorney, Anchorage; Angela Salerno, National
Association of Social Workers; Jana Varrrati, Anchorage.
SUMMARY INFORMATION
SB 54 "An Act relating to violations of laws by
juveniles and providing for an effective date."
HCS CSSB 54 (JUD) was HELD in a Subcommittee
consisting of Chair Representative Hanley and
Representatives MacLean, Parnell, Hoffman and
Brown.
SENATE BILL NO. 54
"An Act relating to violations of laws by juveniles and
providing for an effective date."
Co-Chair Larson pointed out that during the May 6, 1993
House Finance Committee meeting, HCS for CSSB 54 (JUD) was
ADOPTED as the version before the Committee. He noted that
Amendments 1 and 2 were also ADOPTED during the May 6, 1993
meeting (copy on file). Co-Chair Larson noted that the
sponsor, Senator Halford has presented the Committee with a
proposed committee substitute, Work Draft, 8-LS0384\Z, dated
1/14/94 (copy on file).
CYNTHIA STROUT, PRIVATE ATTORNEY, ANCHORAGE testified via
teleconference from Anchorage. She asserted that the
current laws concerning juvenile waivers are effective. She
concluded that the proposed legislation would have an
adverse affect on young Alaskan Natives. She maintained
that the current system is "not broken." She felt that
those juveniles that should be tried as adults have been
successfully waived to adult status. She asserted that the
State is successful in the majority of its petitions for
waiver to adult status.
Ms. Strout demonstrated her belief that the current system
is adequate by citing examples of juvenile offenders tried
in the State of Alaska. She asserted that adult placement
of juveniles would adversely affect their rehabilitation.
She emphasized that there would be "no safety net" if the
legislation is passed. She clarified, in response to a
question by Co-Chair MacLean, that she is concerned with
section 4 of the proposed work draft.
Representative Martin observed the need to provide for
rehabilitation while assuring the public that dangerous
youth offenders are not on the streets.
Representative Brown expressed concern that the burden of
proof will be reversed. She questioned if the proposed
committee substitute would increase cost to the Public
Defender's Agency.
Representative Hanley noted that the State cannot force
juveniles to have psychological profiles to prove that the
offender is amenable to treatment.
Ms. Strout reiterated that serious cases are already being
waived into adult status. She expressed her concern that
waivers would be mandated by the legislation. She
maintained that psychological evaluations are not necessary
for the State to succeed in their petition for waiver to
adult status.
Representative Hoffman expressed concern that the lowest
economic classes will be most affected by switching the
burden of proof from the State to the offender. Ms. Strout
agreed that those that can least afford to pay for
psychological profiles will be adversely affected.
SENATOR RICK HALFORD, referred to the proposed committee
substitute. He noted that the proposed committee substitute
does contain a "bounce back" provision to address the
constitutional question of charging verse conviction and how
this applies to an individual. He stressed that the
presumption of the amenability for treatment remains the
same.
Senator Halford noted that not all unclassified felonies are
included in the proposed committee substitute. Unclassified
felonies and class A felonies against a person would be
included. Arson and escape in the first degree would not be
included. He provide the committee with examples of crimes
that would be included. Representative Brown discussed the
rehabilitation of juvenile offenders with Senator Halford.
ANGELA SALERNO, NATIONAL ASSOCIATION OF SOCIAL WORKERS
testified testified via the teleconference network from
Anchorage. She spoke in opposition of the legislation. She
maintained that the current system of juvenile waiver does
not need amendment. She recommended that the Legislature
pass a resolution mandating that juvenile waiver cases be
expedited. She asserted that "virtually all waivers all
successful."
Ms. Salerno suggested that the State establish a facility to
hold juvenile offenders awaiting waiver to adult status.
She strongly advised against juvenile waivers. She
maintained that the legislation has the potential to destroy
the "long standing policy and mission of the juvenile
court," to address the problems and treatment of juvenile
offenders. She cautioned against placing treatable youths
in adult jails.
JANA VARRATI, ANCHORAGE testified via the teleconference
network from Anchorage. She emphasized early intervention
and total community involvement. She felt that the reversal
of the burden of proof to the offender would adversely
affect Native and minority children. She urged the
Committee to leave the waiver system in its current form.
DEBORAH WING, DIRECTOR, DIVISION OF FAMILY AND YOUTH
SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES stated
that the Division of Family and Youth Services supports the
proposed committee substitute. Representative Brown asked
the fiscal effect of the legislation to the Division.
(Tape Change, HFC 94-2, Side 2)
Ms. Wing replied that the cost to the Division of Family and
Youth Service would remain constant. She explained that
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juveniles leaving the system would be replaced by other
juveniles waiting to enter the system.
Representative Brown referred to the Department of Health
and Social Services fiscal note dated 1/12/94. Ms. Wing
explained that HCS CSSB 54 (JUD) would require the release
of juvenile records to the public. She noted that federal
law mandates that juvenile records remain confidential. If
these records were released to the public the Division of
Family and Youth Services would lose $4617.3 thousand
dollars in federal receipts.
Ms. Wing anticipated that changes made by the proposed
committee substitute would alleviate the problem. She
explained that information can be released to municipalities
and other state government agencies such as school
authorities. Information can also be released to victims
under federal law.
Ms. Wing clarified that the Department of Health and Social
Services advocates that revisions be made to the juvenile
waiver to adult status system.
Co-Chair MacLean expressed concern that juveniles awaiting
trial will be housed with adults if they are waived to adult
status. Ms. Wing assured, Co-Chair MacLean, that only
serious juvenile offenders will be waived to adult status.
In response to a question by Representative Hoffman, Ms.
Wing stated that the Division anticipates that the majority
of offenders will come from metropolitan areas.
Representative Hoffman reiterated his concern that the
legislation will place a financial burden on rural youth.
KATHERINE TIBBLES, SOCIAL SERVICES PROGRAM, DEPARTMENT OF
HEALTH AND SOCIAL SERVICES clarified that the Department has
not received written confirmation that the proposed
committee substitute would prevent federal funds from being
lost.
MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW noted
that the section regarding the release of juvenile records
would not become effective until the Commissioner of the
Department of Health and Social Services certifies that the
federal government has approved the change.
EDWARD MCNALLY, DISTRICT ATTORNEY, DEPARTMENT OF LAW
testified in support of HCS CSSB 54 (JUD). He discussed
cases pending before the State of Alaska involving
juveniles. He asserted that the legislation will protect
the public from dangerous offenders. He urged prompt
passage of the legislation.
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Mr. McNally admitted that the State wins the majority of its
petitions for juvenile waiver into adult status, but pointed
out that each petition costs the State between $100 and $500
thousand dollars. He observed that the cost to the State
influences which cases the State petitions. He maintained
that the fiscal burden results in a high threshold for
petitioned cases. He observed that petitions to adult
status are only initiated for cases involving murder in the
first degree.
Mr. McNally added that under the current system, victims
suffer years before a case involving an adult waiver is
brought to closure. He estimated that the legislation would
shorten the time from arrest to sentencing to one year.
Mr. McNally reminded members that the legislation would
address first degree murder offenders. He noted that, under
current law, the State must prove that a child cannot be
rehabilitated by the age of 21. He maintained that the
current law weakens the State's negotiation position. He
asserted that the proposed legislation will provide more
information to the sentencing judge regarding the offenders
psychological profile.
Mr. McNally pointed out that the Mclaughlin Youth System has
a bed shortage. He maintained that the proposed legislation
would protect innocent lives. He emphasized that dangerous
offenders are being housed with younger less serious
offenders. He gave examples of crimes involving juveniles
in the State of Alaska.
Mr. McNally tried to reassure members that indigent
offenders would receive adequate representation by detailing
cases involving offenders represented by the Office of
Public Advocacy and the Public Defender's Office where
excessive sums were spent for special witnesses and other
defense tools. He asserted that the Prosecutors Office
could not afford such expenses. Representatives of the
Office of Public Advocacy and the Public Defenders Agency
stated their intent to comment on the cases Mr. McNally
referenced. Due to the length of teleconference testimony,
they were unable to respond during the meeting.
Representative Brown observed that the State of Alaska has a
record of winning its petitions of juvenile waiver to adult
status. She noted that in 1993 there were seven requests
for waivers and all seven were granted.
(Tape Change, HFC 94-3, Side 1)
Mr. McNally reiterated that although there is a high
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win/lose ratio the expense to the State is considerable.
The State only pursues the most serious cases and the
emotional trauma of victims is extended.
Representative Brown noted that the Department of Law fiscal
note is zero. She asked if the proposed committee
substitute would effect the fiscal note.
DEAN GUANELI, CHIEF, ASSISTANT ATTORNEY GENERAL, DEPARTMENT
OF LAW agreed that the Department of Law will be impacted by
the proposed committee substitute. He observed that the
fiscal impact to the Department of Law is difficult to
quantify. He did not feel that the increase in felony
caseload warrants an additional position. He noted that
current staff can assist in the process.
Representative Brown asked if date rape cases involving
juvenile offenders would automatically be waived to adult
status if the legislation is enacted. Mr. Guaneli agreed
that offenders charged with date rape would be tried as an
unclassified felony. Unclassified felonies would be
automatically waived. He added that the prosecutor has the
option of charging the offender with a lesser offense. If
the offender is charged with date rape they would be held in
an adult facility.
Mr. Guaneli, in response to a question by Representative
Hoffman, was unable to quantify the current cost to the
State for waiver petitions. Mr. McNally noted that the
State currently pays for psychological examinations in cases
represented by the Public Defender, a contract attorney, the
Office of Public Advocacy or if the State seeks and receives
court approval of a psychological exam.
Representative Brown asked if the Department has studied
systems in other states for violent and problem juveniles.
Mr. McNally was familiar with a Youth Corrections Act which
requires facilities for the category of young violent
offenders.
Mr. Guaneli noted that the Department of Corrections' fiscal
note anticipates the need to build a separate facility for
violent youth offenders.
SENATOR DONLEY provided members with an proposed amendment
(Attachment 1). He emphasized that testimony to the House
Judiciary Committee in 1992 stated that there had not been
an assault on a juvenile in an adult facility. He stated
that assaults had occurred on juveniles by other juveniles
being held in juvenile facilities.
Senator Donley noted that following the Court of Appeals
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decision denying the ability of the State to compel
psychological examinations the number of waivers dropped
dramatically.
Senator Donley referred to the proposed amendment. The
amendment would automatically waive a juvenile offender
which committed a second criminal offense involving a
firearm to adult status.
Co-Chair Larson announced that HCS CSSB 54 (JUD) would be
placed in a subcommittee consisting of Representative Hanley
as Chair and Representatives MacLean, Parnell, Hoffman and
Brown.
ADJOURNMENT
The meeting adjourned at 3:44 p.m.
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