Legislature(1993 - 1994)

05/06/1993 10:30 AM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                           May 6, 1993                                         
                           10:30 a.m.                                          
                                                                               
  TAPE HFC 93-131, Side 1, #000 - end.                                         
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair Larson called the House  Finance Committee to order                 
  at 10:30 a.m.                                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Larson             Representative Hoffman                           
  Co-Chair MacLean            Representative Martin                            
  Vice-Chair Hanley           Representative Navarre                           
  Representative Brown        Representative Parnell                           
  Representative Foster       Representative Therriault                        
  Representative Grussendorf                                                   
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Chris Christensen, Alaska Court System; Sherrie Goll, Alaska                 
  Women's  Lobby;  Dean  Guaneli,  Chief,  Assistant  Attorney                 
  General, Department  of Law; John  Shepherd, Staff,  Senator                 
  Halford;  Jerry  Burnett,  Staff,  Senator  Phillips;  Elmer                 
  Lindstrom,  Special  Assistant,  Department  of  Health  and                 
  Social Services.                                                             
                                                                               
  SUMMARY INFORMATION                                                          
                                                                               
  SB 51     "An Act providing for establishment of work  camps                 
            for   juveniles   adjudicated    delinquent,   and                 
            extending   to   all  cities   and   to  nonprofit                 
            corporations authority to maintain  facilities for                 
            juveniles."                                                        
                                                                               
            SB  51  was  reported out  of  Committee  with "no                 
            recommendation" and  with a fiscal  impact note by                 
            the  Department  of  Health  and Social  Services,                 
            dated 3/8/93.                                                      
                                                                               
  SB 54     "An  Act  relating  to   violations  of  laws   by                 
            juveniles; and providing for an effective date."                   
                                                                               
            HCS CSSB 54 (JUD) was HELD in Committee.                           
  SENATE BILL NO. 51                                                           
                                                                               
       "An Act providing  for establishment of work  camps for                 
       juveniles adjudicated delinquent,  and extending to all                 
       cities  and  to  nonprofit  corporations  authority  to                 
                                                                               
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       maintain facilities for juveniles."                                     
                                                                               
  JERRY  BURNETT, LEGISLATIVE  STAFF, SENATOR  PHILLIPS stated                 
  that  SB  51  provides authorization  to  the  Department of                 
  Health and Social Services  to add work camps for  juveniles                 
  to institutions already provided for in statute.                             
                                                                               
  SHERRIE GOLL, ALASKA WOMEN'S LOBBY (AWL) spoke in opposition                 
  to SB 51.  She asserted that the legislation is vague.   She                 
  noted that the  legislation does indicate how the work camps                 
  will relate  to other residential  and detention facilities.                 
  She  stressed  the need  to  identify those  juveniles which                 
  would be  placed in  work camps.   She  emphasized that  the                 
  current system is working.  She maintained that juveniles in                 
  work camps should fall under child labor laws.                               
                                                                               
  Representative Brown asked  if the Department of  Health and                 
  Social  Services knows  which  juvenile offenders  would  be                 
  placed in work camps.                                                        
                                                                               
  ELMER LINDSTROM, SPECIAL ASSISTANT, DEPARTMENT OF HEALTH AND                 
  SOCIAL  SERVICES  replied  that   the  Department  has   not                 
  formulated  a   plan  for  the  proposed  work  camps.    He                 
  emphasized that  regulations regarding  the work  camps will                 
  have  to  be  developed.   He  noted  that regulations  must                 
  delineate the program and create a profile of juveniles that                 
  may benefit from the program.                                                
                                                                               
  Representative Martin MOVED to report SB 51 out of Committee                 
  with  individual recommendations  and with  the accompanying                 
  fiscal note.   Co-Chair Larson OBJECTED  for purposes of  an                 
  Amendment.                                                                   
                                                                               
  Representative  Brown  presented  to   members  AMENDMENT  1                 
  (Attachment 1).  She noted that the Amendment  would provide                 
  that  laws  applicable  to  the  employment of  children  be                 
  applied  to  juvenile  offenders.     Representative  Hanley                 
  expressed  concern   that  juvenile   activities  would   be                 
  restricted  beyond  the level  of  restriction applied  at a                 
  retention center.                                                            
                                                                               
  Mr. Lindstrom assured members that  the Department would not                 
  implement a program contrary to other sections of state law.                 
  Representative Martin  stated  that he  would  not  consider                 
  kitchen and  garden tasks  as work.   Representative  Hanley                 
  asked  for information  regarding  laws applicable  to child                 
  employment.    Co-Chair Larson  asked  if minimum  wage laws                 
  would apply.                                                                 
                                                                               
  Mr. Burnett  stated that the Department of Labor has offered                 
  to work with the Department of Health and Social Services to                 
  assure that the principles of child labor laws be applied to                 
                                                                               
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  juvenile offenders placed  in work camps.  He clarified that                 
  juvenile offenders cannot be considered employees.                           
                                                                               
  Representative  Grussendorf  expressed   concern  that   the                 
  Amendment would be too restrictive.                                          
                                                                               
  Representative Brown MOVED  to ADOPT  AMENDMENT 1.   A  roll                 
  call vote was taken on the motion.                                           
                                                                               
  IN FAVOR: Brown, Hoffman, MacLean                                            
  OPPOSED:  Foster,  Grussendorf,  Hanley,   Martin,  Parnell,                 
                 Therriault, Larson                                            
                                                                               
  Representative Navarre was absent from the vote.                             
                                                                               
  The MOTION FAILED (3-7).                                                     
                                                                               
  Co-Chair Larson reiterated the  motion to MOVE SB 51  out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  There  being NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  SB 51 was reported out of Committee with "no recommendation"                 
  and with a  fiscal impact note  by the Department of  Health                 
  and Social Services, dated 3/8/93.                                           
  SENATE BILL NO. 54                                                           
                                                                               
       "An Act relating  to violations  of laws by  juveniles;                 
       and providing for an effective date."                                   
                                                                               
  JOHN SHEPHERD, LEGISLATIVE STAFF, SENATOR HALFORD summarized                 
  HCS  CSSB  54 (JUD).    He  noted  that  HCS CSSB  54  (JUD)                 
  automatically  waivers juveniles  into the adult  system for                 
  murder  in the first and second  degree and attempted murder                 
  in the first degree.  The burden of proof for other offenses                 
  will be  shifted to the minor.  He observed that current law                 
  does not provide  the courts with  a means to assure  minors                 
  receive psychiatric profiles.   This  has made it  difficult                 
  for juvenile  cases to  be waived.   He  referred to  murder                 
  cases involving juveniles.                                                   
                                                                               
  Mr.  Shepherd  noted that  HCS CSSB  54 (JUD)  provides that                 
  juveniles  tried as  an  adult can  be  incarcerated in  the                 
  Department of Corrections.  The  legislation would also move                 
  the  age  of  confidentiality for  conviction  of  crimes to                 
  sixteen years  of age.   Records  naming the  crime and  the                 
  dispositions of cases  will remain  available to victims  of                 
  the juvenile's crime.  New  provisions for restitutions have                 
  been included in HCS CSSB 54 (JUD).                                          
                                                                               
  Representative Brown asked for  further clarification of the                 
                                                                               
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  burden of proof.   Mr. Shepherd reiterated that HCS  CSSB 54                 
  (JUD) automatically waivers juveniles into the  adult system                 
  for murder  in  the first  and second  degree and  attempted                 
  murder  in the  first degree.   He noted that  the burden of                 
  proof  including misdemeanors  would  be  with the  juvenile                 
  offender  if the  Department of  the Law  and Department  of                 
  Health and Social  Services agreed that the  offender should                 
  be waived to adult status.                                                   
                                                                               
  Representative Brown  asked what  factors contribute  to the                 
  waiver of juvenile status.                                                   
                                                                               
  DEAN GUANELI, CHIEF, ASSISTANT  ATTORNEY GENERAL, DEPARTMENT                 
  OF LAW  explained that the seriousness of the offense, prior                 
  record, age, availability of  treatment within the  juvenile                 
  system for the offenders particular problem  and psychiatric                 
  testimony would be considered.   He felt it unlikely  that a                 
  juvenile  would be waived to adult status for a misdemeanor.                 
  He reiterated the  difficulty of  assessing cases without  a                 
  psychiatric profile.                                                         
                                                                               
  Representative Brown asked what a juvenile would need to  do                 
  in order to demonstrate that they are amenable to treatment.                 
  Mr. Guaneli  stressed that  they would  need to  demonstrate                 
  that  the  circumstances  of  the  juvenile's  offense   are                 
  mitigated or  not so aggravated  to warrant treatment  as an                 
  adult.  He  emphasized that  the juvenile waiver  proceeding                 
  becomes a mini trial.                                                        
                                                                               
  Representative Brown asked how many  cases would be affected                 
  by HCS  CSSB 54  (JUD).   Mr.  Guaneli could  not provide  a                 
  number of cases that would be  affected.  He emphasized that                 
  murder cases  are already  waived.   He did  not think  that                 
  there would be a large increase in cases.                                    
                                                                               
  Co-Chair Larson MOVED to ADOPT HCS for CSSB 54 (JUD) as  the                 
  version before the  House Finance Committee.  There being NO                 
  OBJECTION, it was so ordered.                                                
                                                                               
  Ms. Goll testified in opposition to HCS CSSB  54 (JUD).  She                 
  asserted that the  legislation will reduce  the jurisdiction                 
  of the  court.   She maintained  that juveniles  that commit                 
  serious crimes are  already waived  into adult  court.   She                 
  observed that HCS CSSB  54 (JUD) would switch the  burden of                 
  proof.    She  noted  that  the  Alaska  Supreme  Court  has                 
  recognized  that  the   state  does  not  need   to  provide                 
  psychiatric evidence to  prove that a child  is not amenable                 
  to treatment.   She observed that  the Court stated that  it                 
  has  consistently  upheld  Superior   Court  orders  waiving                 
  juvenile jurisdiction.                                                       
                                                                               
  Ms. Goll  maintained that  the system  is not  broken.   She                 
                                                                               
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  urged  the  Committee  to  consider  creating a  task  force                 
  consisting  of  judges,  the  Department   of  Law  and  the                 
  Department  of  Health  and Social  Services  to  review the                 
  juvenile correction system.                                                  
                                                                               
  CHRIS  CHRISTENSEN, ATTORNEY,  ALASKA COURT  SYSTEM provided                 
  members with AMENDMENT 1 (Attachment 2).   He noted that the                 
  statute  reference  on   page  5,  line  15   is  incorrect.                 
  Representative Martin  MOVED to  ADOPT Amendment  1.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  Mr. Shepherd  provided members with AMENDMENT  2 (Attachment                 
  3).  He explained that "at the time of  the alleged offense"                 
  was  inadvertently dropped  from  page  3,  line  26.    The                 
  Amendment  would  also  provide  that  the court  keep  open                 
  records of a criminal proceeding  initiated against a person                 
  if the court  finds that the person has not  complied with a                 
  court  order.    He  noted  that  there is  a  problem  with                 
  juveniles  ordered to  pay restitution.   The  court  has no                 
  authority  to assure  restitution after the  offender's 19th                 
  birthday.  Representative Martin expressed  concern with the                 
  provision to  keep records  open.   Mr. Shepherd  emphasized                 
  that records currently remain open for five years.                           
                                                                               
  Representative Navarre expressed concern that the affect  of                 
  preventing the closure of records is being underestimated.                   
                                                                               
  Representative  Parnell  noted  that  the  Amendment  should                 
  reference page 6, line 5 - 12.                                               
                                                                               
  Representative Hanley  MOVED to  ADOPT AMENDMENT  1.   There                 
  being NO OBJECTION, it was so ordered.                                       
                                                                               
  HCS CSSB 54 (JUD) was HELD in Committee.                                     
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 11:15 a.m.                                          
                                                                               
                                                                               
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