Legislature(1995 - 1996)
04/12/1996 01:35 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 26
"An Act providing for automatic waiver of juvenile
jurisdiction and prosecution of minors as adults for
certain violations of laws by minors who use firearms
to commit criminal offenses and relating to the sealing
of the records of those minors."
KAREN BRAND, STAFF, SENATOR DAVE DONLEY testified on behalf
of SB 26. She observed that the legislation would
automatically treat juveniles who are 14 years of age and
older and who has committed a second offense with the use of
a deadly weapon as an adult. She noted that violent crimes
are identified under AS 11.41. She explained that "firearm"
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was replaced with "deadly weapon" in the Senate Finance
Committee. A deadly weapon is defined as a firearm, axe,
metal knuckles, club, knife, or explosives. She stressed
that SB 26 is supported by the National Rife Association,
National Education Association, Spenard Community Council,
and the Anchorage, Juneau and Fairbanks police departments.
She observed that five other states have adopted similar
legislation. She emphasized that jail time is required for
a first time offense for a juvenile gun related charge in
these five states.
In response to a question by Representative Martin, Ms.
Brand noted that there are approximately 16 juveniles
incarcerated that would have been affected by the
legislation. The Department of Law estimates that 18
juveniles would be affected a year.
Ms. Brand referred to the Sponsor's response to the
Department of Corrections' fiscal note for SB 26 (copy on
file). She noted that Senator Donley disagrees with the
estimated impact of the fiscal note. She observed that the
Department of Corrections took into consideration of the
fiscal note that a new facility would have to be constructed
to house juveniles, including juveniles that are already
incarcerated. She maintained that SB 26 does not require
the construction of a new facility.
DEL SMITH, DEPUTY COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY
testified in opposition to the automatic waiver of fourteen
year old juveniles to adult status. He emphasized the need
for a comprehensive approach to juvenile crime. He noted
that current law allows the waiver of fourteen year old
juveniles when appropriate.
LAURIE OTTO, DEPUTY ATTORNEY GENERAL, DEPARTMENT OF LAW
noted that automatic waiver provisions are in AS 47.10.010.
She referred to page 2 of the legislation. She observed
that there are provisions for discretionary waivers in cases
that are not covered by the automatic waiver law that would
allow waiver when appropriate. She added that AS 47.10
allows discretionary waiver of anyone regardless of age if
the State can show that they are not amenable to treatment
as a juvenile.
Representative Kelly asked if juveniles under 16 are being
currently waived to adult status.
Ms. Otto pointed to her experience in the criminal justice
system. She stressed that the legislation would waive
eighth and ninth graders into adult prisons for misdemeanor
crimes that include kicking people with boots. She observed
that the legislation applies to any crime in AS 11.41, not
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just felony crimes. She noted that "deadly weapons" can
include feet shod in boots. She emphasized that the
legislation requires that all 14 year old offenders that
have committed a second offense with a deadly weapon belong
in adult jails. She asserted that 14 year old juveniles do
not belong in adult jails. She acknowledged that the State
does need to deal with juveniles more seriously. She
maintained that the major problem in the juvenile system is
with those that commit minor crimes. She asserted that it
needs to be clear that there are consequences for breaking
the law at an early age.
Ms. Otto stated that the Department is not aware of a case
where a juvenile has fallen through the cracks and deserves
to be put in an adult jail. She maintained that the
McLaughlin facility does a good job of getting kids through
school and treatment. She stressed that these children will
be held in the juvenile system for six years. She stated
that lack education contributes to adult criminal behavior.
She emphasized that juveniles do not have to receive an
education in adult jails.
Ms. Otto noted that the Governor's Conference on Youth and
Justice, Juvenile Offenders Work Group has developed a
strong statement of philosophy for the juvenile offender's
system. She stressed that the group did not want to extend
waivers to children under sixteen. She observed that many
states are going to a three tier system. Juveniles in the
third tier can be given a juvenile sentence and an adult
sentence. If they complete their time in the juvenile
system without any problems the adult sentence is dissolved.
If they violate their juvenile sentence the adult sentence
is imposed. She maintained that this approach is an
appropriate middle ground.
Representative Kelly expressed support for juvenile
adjudication. Ms. Otto noted that all the children that
would come under the bill would be adjudicated.
Representative Kelly expressed frustration that juveniles
need to come before the court. Ms. Otto acknowledged that
consequences need to be swift.
Representative Therriault noted that steps have already been
taken to make waiver into adult status easier.
Representative Grussendorf asked if Ms. Otto would be more
supportive if "deadly weapon" was changed to "firearm". Ms.
Otto replied that if the bill applied to sixteen year olds,
firearms and felonies she would be more supportive. She
reiterated that there is not currently a problem. She spoke
in support of a three tier system.
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TOM WALKER, ALASKA ASSOCIATIONS OF CHIEF OF POLICE, SEWARD
spoke against the legislation. He agreed with remarks by
Ms. Otto. He emphasized that fourteen year old juveniles
should not be automatically waived to adult status.
Mr. Smith stated the Anchorage Police Department does not
support the legislation.
Representative Brown referred to the fiscal note.
MARGARET PUGH, COMMISSIONER, DEPARTMENT OF CORRECTIONS spoke
in support of the fiscal note. She noted that 14 to 15
juveniles would be added per year. She noted that there are
currently 20 juveniles in adult facilities. She stressed
that a few juveniles can be incorporated, but that a large
population of juveniles cannot be accommodated in existing
adult facilities. She stated that it is not in the State's
or the juvenile's best interest to have 14 year olds in with
convicted adult felons. She emphasized that they would be
subject to sexual and other assaults. She acknowledged that
SB 26 does not require additional education. She maintained
that lack of education is a major contributing factor in
juvenile crime. She stressed the moral obligation to
provide education at a higher level than what is available
for adult offenders.
Representative Brown asked what level of education is being
provided to juvenile offenders currently in adult jails.
Commissioner Pugh noted that the Department of Education is
concerned that the level being provided does not meet
federal requirements.
Commissioner Pugh noted that it is impossible to keep
juveniles separated from adults offenders 24 hours a day.
She stressed that every effort is made to provide a safe
environment.
Commissioner Pugh explained that the McLaughlin school model
was used to estimate operation costs.
Representative Mulder observed that the fiscal note was not
attached until the House Finance Committee. Commissioner
Pugh stated that she believes that separate services would
need to be provided for juveniles in adult facilities.
Representative Mulder stressed that discussion in the Senate
would have been altered if there had been a fiscal impact
note.
SB 26 was HELD in Committee for further consideration.
(Tape Change, HFC 96-117, Side 1)
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