HB 100: PROSECUTION OF JUVENILE FELONS Number 314 CHAIR TOOHEY called the meeting back to order at 4:15 p.m. and brought HB 100 to the table. Number 317 REP. BUNDE, PRIME SPONSOR, testified in support of HB 100. He said it is an attempt to encourage young people to be responsible for their behavior. The bill's thrust is to change the burden of proof in deciding how to deal with juveniles charged with major felonies. The bill would lift the responsibility from the prosecution to show why a juvenile should be tried as an adult, to the defense to show why a juvenile should be tried as a juvenile, enjoying the confidentiality of records and release from incarceration at age 20. REP. BUNDE noted that HB 100 does not eliminate the possibility of granting waivers to such juveniles, allowing them to be dealt with through the juvenile justice system. He said the bill stems from his experience of watching children go unpunished for their violations and gradually develop into incorrigible criminals. By establishing serious consequences for juvenile offenders, the bill would help deter children from committing crimes, he said. Number 360 KATHY WELTZIN, STUDENT ASSISTANCE COUNSELOR AT FLOYD DRYDEN MIDDLE SCHOOL IN JUNEAU, testified in support of HB 100. She related that the had discussed the bill with school counselors, a vice principal, a principal, a police officer, and a public health nurse, all of whom work with children, and was surprised at their unanimous support for such a bill. She was told that children need to be accountable; that the current system enables juvenile violators to continue criminal behavior; that children understand and exploit their advantages in the juvenile justice system; and that children view their nonage as a time to practice criminal techniques at low risk of serious punishment. She said adults owe children "tough love" and clear boundaries for acceptable behavior. She acknowledged that she did not ask children how they felt, and admitted she was remiss in not doing so. Number 395 MS. WING, DIRECTOR, DFYS, DEPARTMENT OF HEALTH & SOCIAL SERVICES, testified in favor of a bill to waive juvenile offenders into adult court. She said the department would need clarification of language in the bill concerning where juvenile offenders would be housed while the decision was made as to where he would be tried. REP. BUNDE agreed that the question of housing juvenile offenders was vague in light of the pending fate of a governor's proposal to create "boot camps" for them. He noted that while judges are hesitant to place young offenders into adult jails, it was not clear what form juvenile facilities would take. Number 414 REP. NICHOLIA mentioned that state law prohibits placing juveniles into adult prisons. Number 420 SHERRIE GOLL, LOBBYIST FOR THE ALASKA WOMEN'S LOBBY, testified in opposition to HB 100. She said she has long opposed such legislation, and argued that the current system allows judges to determine whether juvenile offenders should be tried as juveniles or waived into adult court. She referred to a case in which police did not insist on having a juvenile's parents present during questioning, which led to the overruling of a judge's order to waive the juvenile into adult court, and blamed police, not the current system, for the error. She said the juvenile justice system may need to be able to hold children in custody past the age of 20 to allow for lengthy court proceedings. Number 478 REP. BUNDE voiced a difference of opinion on fiscal notes for HB 100, in terms of how different state departments would be affected by the bill. He said the decision to waive a juvenile into adult court must entail an additional hearing, contrary to the provisions of a similar state Senate bill that would not allow such a hearing. He said erring on the side of caution, even at the cost of more time, would help ensure justice were done. He said 15 and 16 year olds are more sophisticated than in the past. He expressed concern that juveniles released from the juvenile justice system at age 20, with records of their crimes sealed from public view, might pose a danger to the public at large, and referred to such a case in Alaska. Number 505 REP. NICHOLIA asked why there was no fiscal note from the Department of Law, and whether he had sought a position paper from the department. REP. BUNDE answered that there was a fiscal note from the Department of Administration, but he had not asked for one from the Department of Law. He said he had spoken with legislative research and legal offices, which helped write the bill. He said a sectional analysis was done by Legislative Legal Services. TAPE 93-11B, SIDE A Number 000 REP. BRICE asked for a prediction of the increase in jail populations through passage of HB 100. REP. BUNDE said the support materials for the bill included numbers of people who might be tried, then either be waived into adult court or not. He said four people were tried as adults in 1990 who might fall under this bill, six in 1989, and one in 1988. He did not know how many people would be tried under the bill in the future, but predicted defense attorneys would work hard to see their juvenile clients tried in juvenile court. Number 030 REP. BRICE asked about housing alternatives for juvenile offenders other than the "boot camps" proposed by the governor. REP. BUNDE said that, as state law bars incarcerating juveniles and adults in close proximity, it might be possible to place juvenile offenders in adult prisons but keep them separate. Number 050 REP. OLBERG said he could not imagine that housing would not be addressed in regulations that might be written to implement the bill. Number 070 DONNA SCHULTZ, ASSOCIATE COORDINATOR FOR DFYS, asked where juvenile offenders would be housed after arrest for crimes that might lead to eventual trial as an adult. REP. BRICE asked whether juveniles housed in the juvenile corrections system would need to be separated from other offenders convicted of lesser crimes. Number 100 MS. SCHULTZ said juveniles are now held in juvenile facilities awaiting the waiver decision. Once waived into adult court, the juvenile offenders are immediately sent to adult facilities. REP. BUNDE said he believed state law requires juvenile offenders to be held separately from adults. Number 135 CHAIR TOOHEY closed testimony on HB 100 and asked the will of the committee. REP. OLBERG moved passage with individual recommendations. REP. NICHOLIA objected, citing a desire for a fiscal note and position statement from the Department of Law, and clarification of the housing questions. REP. OLBERG said the offices of Public Advocacy and Public Defenders are part of the Department of Law, and asked whether their fiscal notes were not sufficient. Number 167 REP. BUNDE encouraged passage of HB 100, and said that other committees of referral might better answer such questions. CHAIR TOOHEY announced a roll call vote on the motion. The vote was 6-2. Those voting yea were Reps. Toohey, Bunde, G. Davis, Vezey, Kott, Olberg, B. Davis. Those voting nay were Reps. Nicholia and Brice. Therefore, HB 100 was PASSED OUT WITH INDIVIDUAL RECOMMENDATIONS.