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 1 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 2 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 3 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 4 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. 5