SENATE BILL 46 "An Act revising the provision of law under which a minor may be charged, prosecuted, and sentenced as an 4 adult in the district court, and adding to the list of offenses for which a minor may be prosecuted as an adult in the district court." JOE AMBROSE, STAFF, SENATOR ROBIN TAYLOR, was introduced at the urging of parents concerned with the lack of consequences within the juvenile justice system when a minor is arrested for an alcohol related offense. He added that most of SB 46 was a re-write of existing law. The drafter took the occasion of complying with Senator Taylor's request to address alcohol issues by re-ordering the material already listed in AS 47.10.010(b). Juveniles are already exempted from juvenile delinquency rules for traffic offenses, tobacco related offenses and fish and game statutes. Mr. Ambrose continued that SB 46 would add alcohol and controlled substance related offenses to that list and provide that such cases be handled in district court. Representative Brown asked if the same topic had been addressed in another piece of legislation. MARGO KNUTH, ASSISTANT ATTORNEY GENERAL, CRIMINAL DIVISION, DEPARTMENT OF LAW, stated that the issue of warrantless arrest was a part of another piece of legislation by Representative Porter, HB 159. SB 46 would reduce minor consuming from a misdemeanor violation not only for juveniles but for all minors. She said that the Department of Law supports that amendment, and that it would indicate that the Department will not prosecute the defenses. She explained the disadvantage to the State of Alaska in doing this; as a violation there would be no jail time that could be imposed or suspended. The judge could lose the ability to order the minor into treatment. Ms. Knuth elaborated that the Department of Law is "troubled" by waiving juveniles into adult status for "other" alcohol misdemeanors and all controlled substance misdemeanors. That offense is referenced on Page 4, Line 8. She continued, the misdemeanor offenses will make getting into the military more difficult. For a conviction as opposed to a violation, the person entering the military would need to receive a waiver in order to enter. If there is only one offense, that would be granted routinely, although with anything else existing on the record, it would become more difficult. Ms. Knuth summarized that in addressing the current legislation, the Department of Law has concluded that in addressing subject by subject concerns is not working well and that a broader perspective is needed to the automatic waiving of juveniles from any offense involving a fire arm. 5 Representative Navarre asked what would happen to the juvenile's record after he/she reach eighteen years of age (18). Ms. Knuth explained that the record would stay with them. Representative Navarre voiced concern that the legislation would implicate that kids are "no longer kids", consequently they must respond and be like adults. (Tape Change HFC 95-111, Side 1). Mr. Ambrose noted that Sections 1-4, Page 3, is current language. He emphasized that there would be no change in that provision. The drafter only re-ordered the language; it is not new. Representative Mulder voiced concern with burdening children with a long term record when their nature as a "kid" does not have a frame of reference from which to make mature decisions. He noted particular concern with the child's future ability to be in the military service. He asked if there was an alternative to the legislation; something more "middle ground". Ms. Knuth replied that the Department of Law proposed that minor consuming be made a violation as occurs in the proposed legislation and that on Page 4 of the legislation, only (5)(B) relating to possession or consumption be kept and that the other offenses be deleted from the list of the automatic waiver offenses. Representative Grussendorf stated that the legislation moves away from granting the judge an alternative way to address the consequences resulting from the offense. Ms. Knuth responded that the cost involved with placing new juveniles and then putting them through the misdemeanor process for minor consuming would be very high. Only by prosecuting them for a misdemeanor offense, would the judge have the ability to require treatment. The options are limited. Ms. Knuth added that a judge usually requires alcohol screening and then leaves it to experts to determine if treatment would be appropriate. She noted that the "Use It - Lose It" law is currently on the books which applies to minor consuming. Ms. Knuth responded to a misunderstanding of Representative Brown's. Except for minor consuming, the other offenses listed on Page 4 of the legislation are misdemeanors, would be prosecuted as such and would result in misdemeanor sanctions. Only minor consuming would be reduced to a violation for all offenders. Ms. Knuth pointed out that was 6 listed on Page 3, Line 4 of the bill. Representative Navarre questioned the effect of the Alaska Delinquency Laws on the legislation. Ms. Knuth explained that it would effect juvenile delinquency proceedings, they instead would be treated as an adult and appear in district court. Representative Therriault MOVED to report CS SB 46 (RLS) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS SB 46 (RLS) was reported out of Committee with a "no recommendation" and with a fiscal note by the Alaska Court System dated 3/6/95 and zero fiscal notes by the Department of Administration dated 3/22/95 and the Department of Law dated 3/6/95.