04/30/2001 04:49 PM Senate JUD

          SB 169-HATE CRIMES: AUTOMATIC WAIVER OF MINORS                                                                    
                                                                                                                                
                                                                                                                                
SENATOR DONLEY  noted this was legislation sponsored  by himself and                                                            
co-sponsored by  Chairman Taylor. SB 169 amends AS  47.12.030(a) "to                                                            
include  a crime  that  is a  felony or  Class A  misdemeanor  crime                                                            
against  a person  directed at  a victim  because  of that  person's                                                            
race, sex, color, creed,  physical or mental disability, ancestry or                                                            
national  origin." The  addition would  require a  minor accused  of                                                            
such a hate crime to be tried as an adult.                                                                                      
                                                                                                                                
CHAIRMAN  TAYLOR   thanked  Senator   Donley  for  introducing   the                                                            
legislation and called Mr. Buttcane forward to testify.                                                                         
                                                                                                                                
MR.  ROBERT  BUTTCANE,  Department   of  Health  &  Social  Services                                                            
Division of  Juvenile Justice, testified  that the department  would                                                            
like  the  committee   to  consider  use  of  the  dual   sentencing                                                            
provisions  in the  delinquency  statute for  crimes  of bias.  This                                                            
would allow such  cases to be prosecuted in the adult  court. If the                                                            
juvenile  was  convicted   they  would  be  referred   back  to  the                                                            
delinquency  system under a delinquency  disposition order.  If they                                                            
completed  the delinquency  disposition  order,  the  case would  be                                                            
closed.  It  they failed  to  complete  that  order, they  could  be                                                            
returned  to  court  and  the  pronounced  sentence  could  then  be                                                            
imposed.                                                                                                                        
                                                                                                                                
Research  indicates that  waiver of  juveniles is  not an  effective                                                            
response  and that is  why the  Division of  Juvenile Justice  would                                                            
like  the committee  to  consider  this option.  Juveniles  who  are                                                            
handled in  the adult system are eight  times more likely  to commit                                                            
suicide, five  times more likely to be sexually assaulted,  and when                                                            
they  are released  they tend  to offend  more quickly  and be  more                                                            
predatory  in  nature  than  those who  are  processed  through  the                                                            
delinquency  system. This is particularly  so if misdemeanor  crimes                                                            
are  included in  the  automatic waiver.  In  addition, individuals                                                             
sentenced  for low  level  felonies  and misdemeanors  would  endure                                                            
fewer  sanctions  than  they would  if  they  were in  the  juvenile                                                            
system.                                                                                                                         
                                                                                                                                
Finally,  crime bias legislation  not including  the class  category                                                            
dealing  with the  perceived  or actual  sexual orientation  of  the                                                            
victim would be incomplete.  For these reasons, the department would                                                            
like the committee to amend the bill.                                                                                           
                                                                                                                                
CHAIRMAN TAYLOR asked Senator Donley to comment.                                                                                
                                                                                                                                
Number 329                                                                                                                      
                                                                                                                                
SENATOR DONLEY questioned  the credibility of comparing the juvenile                                                            
system with the adult system.  Additionally, he said the language in                                                            
the bill is the  same as that currently used by the  courts and that                                                            
language should be adhered to.                                                                                                  
                                                                                                                                
He then asked  Mr. Buttcane whether there was any  difference in the                                                            
public accountability  or openness  of the criminal justice  process                                                            
between the dual sentencing  provision and automatic waiver to adult                                                            
court.                                                                                                                          
                                                                                                                                
MR. BUTTCANE did  not believe so. Both the automatic  waiver and the                                                            
dual sentencing provisions would be open to the public.                                                                         
                                                                                                                                
CHAIRMAN  TAYLOR called  for additional  testimony  and received  no                                                            
response. He asked for the pleasure of the committee.                                                                           
                                                                                                                                
SENATOR  DONLEY   moved  SB  169  from  committee  with   individual                                                            
recommendations.  There  being  no  objections,  SB 169  moved  from                                                            
committee with individual recommendations.