1993-03-01                     House Journal                      Page 0491
HB 189                                                                       
HOUSE BILL NO. 189 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the charging, prosecuting, and sentencing of              
certain minors concerning offenses of murder in the first degree,              
attempted murder in the first degree, murder in the second degree,             
and certain other offenses; and providing for an effective date."              
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal notes apply to HB 189:                                    
                                                                               
Zero fiscal notes (2), Dept. of Administration, 3/1/93                         
Zero fiscal note, Dept. of Corrections, 3/1/93                                 
Zero fiscal note, Dept. of Health & Social Services, 3/1/93                    
Zero fiscal note, Dept. of Law, 3/1/93                                         
Zero fiscal note, Dept. of Public Safety, 3/1/93                               
                                                                               
The Governor's transmittal letter, dated March 1, 1993, appears below:         

1993-03-01                     House Journal                      Page 0492
HB 189                                                                       
"Dear Speaker Barnes:                                                          
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that amends existing law to provide that a 16- or 17-      
year-old arraigned on a charge of murder in the first degree, attempted        
murder in the first degree, or murder in the second degree is                  
automatically prosecuted in "adult" court and, if convicted, is                
sentenced as an "adult."                                                       
                                                                               
Under present law, 16- and 17-year-olds are generally "prosecuted" in          
juvenile court and, if adjudicated as delinquent, may be placed in             
rehabilitation programs only until the minor's 20th birthday.  A minor         
may be tried as an adult only if the court finds probable cause to             
believe that the minor is delinquent and that the minor is not                 
amendable to treatment through the juvenile system.  The court must            
base its findings on whether the minor "probably cannot be                     
rehabilitated . . . before reaching 20 years of age."  AS47.10.060(d).         
In making this decision, existing statutes allow the court to consider         
the seriousness of the offense the minor is alleged to have committed,         
the minor's history of delinquency, the probable cause of the minor's          
delinquent behavior, and the facilities available for treating the minor.      
AS47.10.060(d).                                                                
                                                                               
Under existing law, it is often difficult for prosecutors to demonstrate       
to the court's satisfaction that the statutory requirements have been          
met, even though the minor is accused of murder in the first or second         
degree or attempted murder in the first degree.  This showing is               
especially difficult to make for first offenders, who do not have a            
pattern of convictions and unsuccessful rehabilitation in the juvenile         
system to demonstrate to the court.                                            
                                                                               
This bill would remedy this situation by, in essence, automatically            
waiving a 16- or 17-year-old accused of these serious offenses into            
"adult"  court.  In "adult" court, the minor would have the same               
constitutional rights and protections given to an adult accused of the         
same offense.                                                                  
                                                                               
                                                                               
This bill would also allow the court to sentence a minor offender, if          
convicted of one of these serious crimes in adult court, to incarceration      
beyond the minor's 20th birthday.                                              

1993-03-01                     House Journal                      Page 0493
HB 189                                                                       
This bill has been recommended by law enforcement officers in the              
state as an appropriate method for prosecuting serious juvenile                
offenders and providing greater protection to the public.                      
                                                                               
I urge your favorable action on this important bill.                           
                                                                               
    Sincerely,                                                                 
         /s/                                                                   
    Walter J. Hickel                                                           
    Governor"