SENATE BILL NO. 54 "An Act relating to violations of laws by juveniles and providing for an effective date." Co-Chair Larson pointed out that during the May 6, 1993 House Finance Committee meeting, HCS for CSSB 54 (JUD) was ADOPTED as the version before the Committee. He noted that Amendments 1 and 2 were also ADOPTED during the May 6, 1993 meeting (copy on file). Co-Chair Larson noted that the sponsor, Senator Halford has presented the Committee with a proposed committee substitute, Work Draft, 8-LS0384\Z, dated 1/14/94 (copy on file). CYNTHIA STROUT, PRIVATE ATTORNEY, ANCHORAGE testified via teleconference from Anchorage. She asserted that the current laws concerning juvenile waivers are effective. She concluded that the proposed legislation would have an adverse affect on young Alaskan Natives. She maintained that the current system is "not broken." She felt that those juveniles that should be tried as adults have been successfully waived to adult status. She asserted that the State is successful in the majority of its petitions for waiver to adult status. Ms. Strout demonstrated her belief that the current system is adequate by citing examples of juvenile offenders tried in the State of Alaska. She asserted that adult placement of juveniles would adversely affect their rehabilitation. She emphasized that there would be "no safety net" if the legislation is passed. She clarified, in response to a question by Co-Chair MacLean, that she is concerned with section 4 of the proposed work draft. Representative Martin observed the need to provide for rehabilitation while assuring the public that dangerous youth offenders are not on the streets. Representative Brown expressed concern that the burden of proof will be reversed. She questioned if the proposed committee substitute would increase cost to the Public Defender's Agency. Representative Hanley noted that the State cannot force juveniles to have psychological profiles to prove that the offender is amenable to treatment. Ms. Strout reiterated that serious cases are already being waived into adult status. She expressed her concern that waivers would be mandated by the legislation. She maintained that psychological evaluations are not necessary for the State to succeed in their petition for waiver to adult status. Representative Hoffman expressed concern that the lowest economic classes will be most affected by switching the burden of proof from the State to the offender. Ms. Strout agreed that those that can least afford to pay for psychological profiles will be adversely affected. SENATOR RICK HALFORD, referred to the proposed committee substitute. He noted that the proposed committee substitute does contain a "bounce back" provision to address the constitutional question of charging verse conviction and how this applies to an individual. He stressed that the presumption of the amenability for treatment remains the same. Senator Halford noted that not all unclassified felonies are included in the proposed committee substitute. Unclassified felonies and class A felonies against a person would be included. Arson and escape in the first degree would not be included. He provide the committee with examples of crimes that would be included. Representative Brown discussed the rehabilitation of juvenile offenders with Senator Halford. ANGELA SALERNO, NATIONAL ASSOCIATION OF SOCIAL WORKERS testified testified via the teleconference network from Anchorage. She spoke in opposition of the legislation. She maintained that the current system of juvenile waiver does not need amendment. She recommended that the Legislature pass a resolution mandating that juvenile waiver cases be expedited. She asserted that "virtually all waivers all successful." Ms. Salerno suggested that the State establish a facility to hold juvenile offenders awaiting waiver to adult status. She strongly advised against juvenile waivers. She maintained that the legislation has the potential to destroy the "long standing policy and mission of the juvenile court," to address the problems and treatment of juvenile offenders. She cautioned against placing treatable youths in adult jails. JANA VARRATI, ANCHORAGE testified via the teleconference network from Anchorage. She emphasized early intervention and total community involvement. She felt that the reversal of the burden of proof to the offender would adversely affect Native and minority children. She urged the Committee to leave the waiver system in its current form. DEBORAH WING, DIRECTOR, DIVISION OF FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES stated that the Division of Family and Youth Services supports the proposed committee substitute. Representative Brown asked the fiscal effect of the legislation to the Division. (Tape Change, HFC 94-2, Side 2) Ms. Wing replied that the cost to the Division of Family and Youth Service would remain constant. She explained that 3 juveniles leaving the system would be replaced by other juveniles waiting to enter the system. Representative Brown referred to the Department of Health and Social Services fiscal note dated 1/12/94. Ms. Wing explained that HCS CSSB 54 (JUD) would require the release of juvenile records to the public. She noted that federal law mandates that juvenile records remain confidential. If these records were released to the public the Division of Family and Youth Services would lose $4617.3 thousand dollars in federal receipts. Ms. Wing anticipated that changes made by the proposed committee substitute would alleviate the problem. She explained that information can be released to municipalities and other state government agencies such as school authorities. Information can also be released to victims under federal law. Ms. Wing clarified that the Department of Health and Social Services advocates that revisions be made to the juvenile waiver to adult status system. Co-Chair MacLean expressed concern that juveniles awaiting trial will be housed with adults if they are waived to adult status. Ms. Wing assured, Co-Chair MacLean, that only serious juvenile offenders will be waived to adult status. In response to a question by Representative Hoffman, Ms. Wing stated that the Division anticipates that the majority of offenders will come from metropolitan areas. Representative Hoffman reiterated his concern that the legislation will place a financial burden on rural youth. KATHERINE TIBBLES, SOCIAL SERVICES PROGRAM, DEPARTMENT OF HEALTH AND SOCIAL SERVICES clarified that the Department has not received written confirmation that the proposed committee substitute would prevent federal funds from being lost. MARGOT KNUTH, CRIMINAL DIVISION, DEPARTMENT OF LAW noted that the section regarding the release of juvenile records would not become effective until the Commissioner of the Department of Health and Social Services certifies that the federal government has approved the change. EDWARD MCNALLY, DISTRICT ATTORNEY, DEPARTMENT OF LAW testified in support of HCS CSSB 54 (JUD). He discussed cases pending before the State of Alaska involving juveniles. He asserted that the legislation will protect the public from dangerous offenders. He urged prompt passage of the legislation. 4 Mr. McNally admitted that the State wins the majority of its petitions for juvenile waiver into adult status, but pointed out that each petition costs the State between $100 and $500 thousand dollars. He observed that the cost to the State influences which cases the State petitions. He maintained that the fiscal burden results in a high threshold for petitioned cases. He observed that petitions to adult status are only initiated for cases involving murder in the first degree. Mr. McNally added that under the current system, victims suffer years before a case involving an adult waiver is brought to closure. He estimated that the legislation would shorten the time from arrest to sentencing to one year. Mr. McNally reminded members that the legislation would address first degree murder offenders. He noted that, under current law, the State must prove that a child cannot be rehabilitated by the age of 21. He maintained that the current law weakens the State's negotiation position. He asserted that the proposed legislation will provide more information to the sentencing judge regarding the offenders psychological profile. Mr. McNally pointed out that the Mclaughlin Youth System has a bed shortage. He maintained that the proposed legislation would protect innocent lives. He emphasized that dangerous offenders are being housed with younger less serious offenders. He gave examples of crimes involving juveniles in the State of Alaska. Mr. McNally tried to reassure members that indigent offenders would receive adequate representation by detailing cases involving offenders represented by the Office of Public Advocacy and the Public Defender's Office where excessive sums were spent for special witnesses and other defense tools. He asserted that the Prosecutors Office could not afford such expenses. Representatives of the Office of Public Advocacy and the Public Defenders Agency stated their intent to comment on the cases Mr. McNally referenced. Due to the length of teleconference testimony, they were unable to respond during the meeting. Representative Brown observed that the State of Alaska has a record of winning its petitions of juvenile waiver to adult status. She noted that in 1993 there were seven requests for waivers and all seven were granted. (Tape Change, HFC 94-3, Side 1) Mr. McNally reiterated that although there is a high 5 win/lose ratio the expense to the State is considerable. The State only pursues the most serious cases and the emotional trauma of victims is extended. Representative Brown noted that the Department of Law fiscal note is zero. She asked if the proposed committee substitute would effect the fiscal note. DEAN GUANELI, CHIEF, ASSISTANT ATTORNEY GENERAL, DEPARTMENT OF LAW agreed that the Department of Law will be impacted by the proposed committee substitute. He observed that the fiscal impact to the Department of Law is difficult to quantify. He did not feel that the increase in felony caseload warrants an additional position. He noted that current staff can assist in the process. Representative Brown asked if date rape cases involving juvenile offenders would automatically be waived to adult status if the legislation is enacted. Mr. Guaneli agreed that offenders charged with date rape would be tried as an unclassified felony. Unclassified felonies would be automatically waived. He added that the prosecutor has the option of charging the offender with a lesser offense. If the offender is charged with date rape they would be held in an adult facility. Mr. Guaneli, in response to a question by Representative Hoffman, was unable to quantify the current cost to the State for waiver petitions. Mr. McNally noted that the State currently pays for psychological examinations in cases represented by the Public Defender, a contract attorney, the Office of Public Advocacy or if the State seeks and receives court approval of a psychological exam. Representative Brown asked if the Department has studied systems in other states for violent and problem juveniles. Mr. McNally was familiar with a Youth Corrections Act which requires facilities for the category of young violent offenders. Mr. Guaneli noted that the Department of Corrections' fiscal note anticipates the need to build a separate facility for violent youth offenders. SENATOR DONLEY provided members with an proposed amendment (Attachment 1). He emphasized that testimony to the House Judiciary Committee in 1992 stated that there had not been an assault on a juvenile in an adult facility. He stated that assaults had occurred on juveniles by other juveniles being held in juvenile facilities. Senator Donley noted that following the Court of Appeals 6 decision denying the ability of the State to compel psychological examinations the number of waivers dropped dramatically. Senator Donley referred to the proposed amendment. The amendment would automatically waive a juvenile offender which committed a second criminal offense involving a firearm to adult status. Co-Chair Larson announced that HCS CSSB 54 (JUD) would be placed in a subcommittee consisting of Representative Hanley as Chair and Representatives MacLean, Parnell, Hoffman and Brown.