03/20/1996 01:30 PM Senate JUD

  SB 270 JUVENILE OFFENDER PROCEEDINGS & RECORDS                              
                                                                              
 SENATOR TAYLOR announced the committee heard SB 270 at a previous             
 hearing and a committee substitute has been drafted.  SENATOR                 
 MILLER moved adoption of the committee substitute (Luckhaupt,                 
 3/13/96).  SENATOR ADAMS objected and asked for a review of the               
 changes made in the proposed committee substitute.                            
 SENATOR TAYLOR stated the sections pertaining to the disclosure of            
 juvenile records have been removed in the proposed committee                  
 substitute in response to testimony from DFYS indicating it will              
 lose $8 million in federal funding if juvenile records are opened.            
 The proposed committee substitute allows municipalities to enact              
 ordinances which would provide for a violation penalty of a fine of           
 up to $300.                                                                   
                                                                               
 SENATOR ADAMS requested DFYS' position on the proposed committee              
 substitute.                                                                   
                                                                               
 ANNE CARPENETI, Department of Law, stated the committee substitute            
 removes the amendment to AS 47.10.060(e) which references in                  
 disclosed records under AS 47.10.090(f), and removes the amendment            
 to AS 47.10.090 which would have allowed for public disclosure of             
 records for juveniles aged 13 and over.  Section 7 of SB 270 was              
 removed which determined when a court could allow records to be               
 sealed or opened.  All of the provisions in the original bill                 
 amending AS 47.10.090 and AS 47.10.093, which deals with agency               
 records, have been removed.                                                   
                                                                               
 SENATOR TAYLOR noted AS 47.10.092(b) - (g) and (k) have also been             
 removed.  MS. CARPENETI stated that is correct.  SENATOR TAYLOR               
 asked Ms. Carpeneti if any provisions remained in the proposed                
 committee substitute that would jeopardize federal funds.  MS.                
 CARPENETI replied they did not.                                               
                                                                               
 DIANE WORLEY, Director of DFYS, verified the proposed committee               
 substitute does not jeopardize federal funding.                               
                                                                               
 SENATOR TAYLOR asked if there was continued objection to the                  
 adoption of the committee substitute.  SENATOR ELLIS asked if a               
 representative of the Court System could testify on the impact of             
 the committee substitute.                                                     
                                                                               
 Number 143                                                                    
                                                                               
 SENATOR ADAMS asked for DFYS' position on the committee substitute.           
 MS. WORLEY stated DFYS still opposes the bill, because of the                 
 automatic waiver to district court.  DFYS would prefer cases be               
 heard by hearing officers in the civil section of court, as opposed           
 to waiving young children into adult courts.                                  
                                                                               
 SENATOR TAYLOR commented that making hearing officers available in            
 every community statewide would require a significant increase in             
 cost.  MS. WORLEY noted DFYS has been working with Representative             
 Toohey on HB 474, and in discussions with the Municipality of                 
 Anchorage staff, they revealed they had intended to use hearing               
 officers rather than district courts.  She agreed that approach               
 could incur additional costs for other communities who decide to              
 use it but felt it is a more palatable option.                                
                                                                               
 Number 193                                                                    
                                                                               
 SENATOR TAYLOR advised that several communities already do this.              
 He questioned whether DFYS has attempted to work with those                   
 particular communities.  MS. WORLEY replied DFYS has not at this              
 point.                                                                        
                                                                               
 MS. CARPENETI discussed further departmental concerns about the               
 measure.  The Department of Law remains opposed to the waiver of              
 juveniles for municipal offenses to district court, and opposes the           
 imposition of bail for a delinquent who is detained.  The bail                
 provision would be new to law.  According to the Juneau district              
 attorney, the imposition of a large bail could increase the number            
 of children incarcerated.  This provision also conflicts with                 
 Delinquency Rule 12, and raises a question as to how it will work             
 in relation to AS 47.10.140, which pertains to probable cause in              
 terms of detention of a minor.   AS 47.10.082 does not currently              
 require probable cause, if a minor has committed an offense, before           
 bail is imposed.  DOL's last concern is with Section 4, which adds            
 a chain of criteria to be used by the court system for sentencing,            
 or disposing of, a juvenile case.  The chain of criteria includes             
 the consideration of community condemnation of the minor's conduct            
 as a reaffirmation of societal norms, which is not relevant to                
 delinquency cases.   If the purpose is to rehabilitate the child,             
 according to the Juvenile Code, this requirement would be a major             
 departure from that goal.                                                     
                                                                               
 SENATOR TAYLOR believed Section 1 takes children out of that                  
 provision and questioned whether this bill will require all minors            
 to go before a district court judge.  MS. CARPENETI replied AS                
 47.10.082 applies to all delinquency cases, not just those that               
 would be automatically waived if this measure passes.                         
                                                                               
 CHRIS CHRISTENSEN, general counsel to the Alaska Court System,                
 responded to Senator Ellis' question.  Most of the court system's             
 concerns, reflected in the fiscal note for SB 270, pertained to the           
 problem of trying to determine what would be public information in            
 each record.  By removing the records issues from SB 270, those               
 concerns and related costs no longer exist, however giving                    
 municipalities the authority to create non-criminal offenses will             
 have some impact on the court system and a new fiscal note will               
 need to be submitted.  Also, the imposition of bail for juveniles             
 will double the hearing time, and because children's court is not             
 set up to accept money of any kind, computer adjustments will have            
 to be made.                                                                   
                                                                               
 Number 265                                                                    
                                                                               
 SENATOR ELLIS questioned whether bail for juveniles will be                   
 comparable to the amount of bail ordered for adults.  SENATOR                 
 TAYLOR remarked that if the maximum penalty for municipal                     
 violations is $300, the amount of bail for those offenses should              
 not be very high.  The release of minors provision also takes into            
 account the release of class A felony offenders, and it is                    
 difficult to guess whether there will be a difference in the amount           
 of bail ordered.                                                              
                                                                               
 SENATOR TAYLOR asked if there were further objections to the                  
 adoption of CSSB 270.  There being none, the motion carried.                  
                                                                               
 SENATOR MILLER moved CSSB 270 out of committee with individual                
 recommendations.  SENATOR ADAMS objected due to the concerns raised           
 by the Department of Law.  SENATOR TAYLOR stated it is his hope the           
 sponsor will work with the Department of Law to clarify those                 
 matters.  The motion carried with Senators Taylor, Green and Miller           
 voting "yea," and Senators Adams and Ellis voting "nay."