Legislature(1997 - 1998)
04/09/1997 06:09 PM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 63 DEADLY WEAPON OFFENSES BY JUVENILES
SENATOR DONLEY, Sponsor, testified on behalf of the
bill. Also testifying were MARGOT KNUTH and BARBARA
BRINK. SENATOR DONLEY MOVED SB 63 from committee with
individual recommendations. There was discussion
concerning fiscal notes. SENATOR DONLEY withdrew and
restated his motion to include all previously published
fiscal notes and a new Senate Finance Committee fiscal
note for the Department of Corrections (indeterminate).
SENATOR ADAMS objected. SB 63 was REPORTED OUT of
committee by a 6 to 1 vote with previous fiscal notes
from the Department of Administration (indeterminate)
and the Court System (5.5), a zero fiscal note from the
Department of Public Safety, and a new Senate Finance
Committee fiscal note for the Department of Corrections
(indeterminate).
SENATE BILL NO. 63
"An Act providing for automatic waiver of juvenile
jurisdiction and prosecution of minors as adults for certain
violations of laws by minors who use deadly weapons to
commit offenses that are crimes against a person, and
relating to the sealing of the records of those minors."
SENATOR DONLEY, Sponsor, explained that SB 63 would add to
existing provisions for automatic waiver of juveniles to
adult court. If someone over sixteen years of age were
charged with using a deadly weapon and had previously been
adjudicated as a delinquent or convicted as an adult for a
similar or more serious crime, they would be waived to adult
court. He estimated that between six and eight individuals
per year would fall into that category.
SENATOR ADAMS gave examples of different scenarios and
inquired where a teen would fall under the new provisions.
SENATOR DONLEY explained that there were variables, such as
if they had been previously charged or convicted, and
offered a sequence of events that would determine whether or
not they would be waived to adult court. He noted a teen
had to be sixteen or older.
SENATOR ADAMS asked for the position of the governor's
juvenile task force. SENATOR DONLEY responded that they did
not support additional automatic waivers under any
circumstances.
There was discussion about the fiscal notes from the Court
System and the Department of Corrections. There was also
discussion about plans for additional juvenile incarceration
facilities.
SENATOR ADAMS inquired about the administration's position.
MARGOT KNUTH, Assistant Attorney General, Department of Law,
spoke on behalf of the Governor's Conference on Youth and
Justice. The group had concluded that the age should not be
lowered for automatic waiver offenses nor should the level
of offenses be lowered. She stated that a problem with SB
63 was that it allowed automatic waiver for the first time
for class C and B felony offenses. She noted that studies
had shown that kids subjected to automatic waiver re-offend
sooner, the level of offense is higher and there was a
higher recidivism rate. She gave examples of cases that
would fall under the provisions to illustrate the point that
they were not the types of people that would be identified
as the most serious offenders. The concern was that the
automatic waiver put kids in with a group of "teachers" that
would provide an opportunity to learn even worse habits.
She summarized that the administration was opposed to SB 63.
SENATOR DONLEY commented that the testimony did not reflect
the fact that there may be a lot of people who would choose
not to re-offend if they were warned that they would be
going to adult court next time.
COCHAIR PEARCE expressed appreciation for the case
information provided and felt it was a good example of why
the bill was needed.
In response to a question from SENATOR ADAMS, MS. KNUTH
explained that the automatic waiver law was responsible for
194 of 218 youths currently incarcerated and that it cost
more because of increased cases and the need for a separate
facility for those people.
Addition discussion ensued between MS. KNUTH and SENATOR
DONLEY.
BARBARA BRINK, Acting Public Defender, Department of
Administration, testified that the assumption that the bill
would improve public safety and cut crime bears further
study. She offered explanation of the fiscal note provided
by her agency, noting that processing through the adult
court was costlier than the juvenile delinquency arena.
In response to a question from SENATOR ADAMS, SENATOR DONLEY
explained that there was not a separate juvenile facility
within the adult corrections system, but they try to keep
teens separated or isolated.
COCHAIR SHARP called for further testimony or comments.
There being none, he asked for the pleasure of the
committee.
SENATOR DONLEY MOVED SB 63 from committee with individual
recommendations and all fiscal notes except that from the
Department of Corrections. SENATOR ADAMS objected. COCHAIR
SHARP brought up the fiscal notes and lengthy discussion was
had as to whether to include the fiscal note from
Corrections because it included costs for new facilities.
SENATOR DONLEY withdrew and restated his motion to include
all previously published fiscal notes and a new Senate
Finance Committee fiscal note for the Department of
Corrections (indeterminate). SENATOR ADAMS objected.
End SFC-97 #92, Side 1, Begin Side 2
Discussion about the Corrections fiscal note continued.
COCHAIR SHARP directed that the Senate Finance Committee
fiscal note for the Department of Corrections would be
indeterminate with a comment section explaining. SENATOR
DONLEY incorporated that as part of his MOTION. The
objection was maintained.
A roll call vote was taken on the MOTION.
IN FAVOR: Parnell, Donley, Phillips, Torgerson, Pearce,
Sharp
OPPOSED: Adams
SB 63 was REPORTED OUT of committee by a 6 to 1 vote with
previous fiscal notes from the Department of Administration
(indeterminate) and the Court System (5.5), a zero fiscal
note from the Department of Public Safety, and a new Senate
Finance Committee fiscal note for the Department of
Corrections (indeterminate).
| Document Name | Date/Time | Subjects |
|---|