Legislature(1993 - 1994)
05/06/1993 10:30 AM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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.
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