SB 63 DEADLY WEAPON OFFENSES BY JUVENILES  SENATOR DONLEY , sponsor of the measure, stated legislation similar to SB 63 passed the Senate during the last legislative session but died in the House Finance Committee in the last days of the session. If SB 63 passes, a person between the ages of 16 and 18 would automatically go to adult court for a second offense involving assault with a deadly weapon. Senator Donley estimated five or six juveniles would fall in this category per year. Number 469 ROBERT BUTTCANE , a juvenile probation officer supervisor based in Anchorage, testified DHSS is opposed to SB 63 as drafted because it lowers the automatic waiver to include class B and C felony offenses. DHSS does not believe SB 63 creates an appropriate response for these types of crimes. It is likely that a person who commits this type of an offense for a second time would be institutionalized in a youth corrections facility and in that environment would undergo a variety of treatment programs to address and correct those behaviors. DHSS believes the dual sentencing approach, established in HB 97, is a better response to young repeat offenders as opposed to a waiver into the adult system. SENATOR MILLER said Mr. Buttcane is admitting the current system does not work if a youth offender is out committing offenses for a second time. SENATOR PEARCE asked Mr. Buttcane if he knew whether anyone has been charged in the drive-by shooting incident at the McLaughlin Youth facility. MR. BUTTCANE said an investigation is underway, but did not know whether any formal charges have been filed. CHAIRMAN TAYLOR noted SB 63 has been narrowly crafted to only impact a juvenile who was previously adjudicated for a similar offense. He asked what percentage of youth offenders who violate this law actually have their cases go through adjudication. MR. BUTTCANE did not have those statistics available, but estimated offenses against persons that are petitioned before the court total 69 percent; the other 31 percent might include cases where a 13 year old became involved in a domestic violence dispute with an alcoholic mother, and used a metal pipe or other instrument that is classified as a dangerous weapon. CHAIRMAN TAYLOR asked, of the 69 percent that result in a petition being filed, what portion end up with a formal adjudication. MR. BUTTCANE guessed approximately 90 percent, but some of those cases end in probation. CHAIRMAN TAYLOR commented he served as standing master for six years and only remembers a handful of formal adjudications. Frequently the probation officer would work with the family and offender and the outcome would be a dismissal based on corrective activities taking place, similar to an SIS on the criminal side. He said any of those offenders that received such treatment would not fall within SB 63 because it requires the offender to have already been adjudicated once. MR. BUTTCANE replied the response Senator Taylor described is fairly common for property offenses, but is not as common for cases involving physical injury. Number 565 SENATOR PEARCE asked what charges were filed against the six juveniles referred to in Senator Donley's sponsor statement. SENATOR DONLEY replied he reviewed a record of assaults with deadl weapons that showed the number of repeat offenders and the crimes that were repeated that involved deadly weapons but the individual case studies were not available. MR. BUTTCANE said he would identify those cases to determine the original offenses and provide that information to the committee at a later date. SENATOR PEARCE commented she asked because she has compassion for a young person, or anyone, in an abusive situation, and is aware crimes are committed in those situations that society sometimes views differently. She said the fact that only 6 people would have fallen under this category in 1995, despite a 200 percent increase in juvenile crime between 1990 and 1994, tells us this bill would not apply to a large pool of people. She suggested investigating the six cases to determine whether those juveniles are from abusive situations however she cautioned we have to remember that people are often charged for a lesser offense than the offense committed. Number 584 SENATOR MILLER stated if the second offense is not dealt with adequately, the third offense might result in a death. MR. BUTTCANE replied he appreciated Senator Miller's comment, and agreed that in some cases it does not matter what treatment is provided, some minors simply grow old but do not grow up. He noted, however, in the vast majority of youth cases, those kids get their lives together and need to be given an opportunity to change and grow. He repeated DHSS believes an automatic waiver into adult court for these cases is not the preferred option. TAPE 97-24, SIDE B MARGOT KNUTH , Assistant Attorney General, representing the Governor's Cabinet on Youth and Justice, clarified the Administration's position on SB 63. The repeat offenders that SB 63 focusses on do not need to be coddled. The first thing identified by the Conference on Youth and Justice is that a small group of youth offenders are at risk of becoming serious, chronic offenders, and the state needs to be in their faces every step of the way. The offenders being discussed comprise that group which consists of repeat class B or C felony offenders. Given that traditional methods of dealing with these offenders have not proven effective, 40 states, as well as Alaska, have looked to automatic waiver as the solution. The Conference on Youth and Justice spent nine months examining that approach and takes issue with it. Instead of automatic waivers for these juveniles, the Conference is proposing a dual sentencing scheme in which the offender receives both a juvenile sentence and an adult sentence as if automatic waiver occurred. This approach creates more interaction between the state and the offender and allows for closer surveillance of the offender. Dual sentences also place the responsibility on the offender to comply with the juvenile sentence in order to stay out of an adult institution. It is an escape valve for the offender who can and/or wants to be rehabilitated. If those offenders do not comply with court orders for treatment, commit another offense, do not pay restitution, or whatever, the adult sentence is imposed. MS. KNUTH commented the Coalition for Juvenile Justice recently published an annual report that examined the transformations occurring in the juvenile system, and discusses the popularity of the automatic waiver approach. She read the following excerpt from that report: "The consequences of this trend toward greater adult handling of juvenile offenders have been varied. There is generally a greater need for court and prosecutorial resources because of higher demands, especially since the more punitive results may result in fewer guilty pleas and more demands for jury trials. Juveniles transferred to, and tried in adult court, usually serve a significantly longer period of time in pretrial detention awaiting a trial date and with more educational and other resource demands on the facility. Although the results of studies are mixed, juveniles tried in adult court may receive more probation and shorter sentences than in juvenile court, especially for offenses other than homicide, rape, and robbery. Juveniles tried as adults also frequently have higher recidivism rates, offend earlier after release, and commit more serious offenses." Ms. Knuth noted the three measures of the effectiveness of any criminal justice system are: the recidivism rate, how soon reoffenses occur; and whether more serious offenses are committed. She stated the automatic waiver approach is showing some flaws. Consequently, some experts are now recommending dual sentences because they are more tailored, keep the offender invested in their own conduct, provide an escape valve for those who are salvageable, and eliminate the need to repeat proceedings for those who do not comply. SENATOR MILLER moved SB 63 from committee with individual recommendations. There being no objection, the motion carried. SENATOR DONLEY commented the fact that adult sentencing criteria will be used for some repeat offenders will deter juveniles from reoffending.