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 3 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 4 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.