Legislature(2001 - 2002)
04/30/2001 04:49 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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.
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