Sponsor Statement SB 63

Sponsor Statement for HCS Senate Bill 63 (FIN)

Treating juvenile offenders with multiple convictions for violent offenses with deadly weapons as adults

HCS SB 63 (FIN) would create a strong deterrent to the repeated use of deadly weapons by juvenile and would treat minors age 16 and older, who for the second time use a deadly weapon to commit a violent crime, as adults.

The legislation would prosecute minors as adults who:

use a deadly weapon to commit a class B felony crime against a person;
are 16 or older, and
were previously adjudicated delinquent or convicted as an adult of using a deadly weapon to commit a crime against a person punishable as a felony.

The term "deadly weapons" is defined by AS 11.81.900 (b)(14) as . . . any firearm, or anything designed for and capable of causing death or serious physical injury, including a knife, an axe, a club, metal knuckles, or an explosive."

HCS SB 63 (FIN) does not require any additional mandatory sentence or any specified punishment. Minors who are convicted of adult crimes, if incarcerated, are required by law to be segregated from adult prison populations as defined by AS 47.12.240.

The Department of Health & Social Services estimates that 3 juveniles in FY'97 would have meet the criteria proposed by Senate Bill 63. This additional automatic waiver is warranted as these are the most serious and dangerous juvenile offenders that are not currently automatically waived.

The Anchorage Police Department compiled 1995 data which revealed a 200% increase in arrests of juveniles for violent crimes between 1990 and 1994. That same period showed only a 40% increase in juvenile arrests for property crimes. Alaska lawmakers can help curb this unprecedented increase in juvenile violent crime in Alaska by passing Senate Bill 63.

DD/jja

Sponsor Statement SB 63

Treating juvenile offenders with multiple convictions for violent offenses with deadly weapons as adults

Senate Bill 63 would create a strong deterrent to the repeated use of deadly weapons by juveniles. Senate Bill 63 would treat minors age 16 and older, who for the second time use a deadly weapon to commit a violent crime, as adults.

Senate Bill 63 is modeled after the 19th Alaska Legislature's Senate Bill 26. SB26 passed the Senate 18 to 1 in 1996 but died in the House Finance Committee in the closing days of the session.

SB63 would prosecute minors as adults who:

use a deadly weapon to commit a crime against a person punishable as a felony,
are 16 or older, and
were previously adjudicated delinquent or convicted as an adult of using a deadly weapon to commit a crime against a person punishable as a felony.

Deadly weapons are defined by AS 11.81.900 as:

" 'deadly weapon' means any firearm, or anything designed for and capable of causing death or serious physical injury, including a knife, an axe, a club, metal knuckles, or an explosive."

SB63 does not require any additional mandatory sentence or any specified punishment. Minors who are convicted of adult crimes, if incarcerated, are required by law to be segregated from adult prison populations as defined by AS 47.12.240.

The Department of Health & Social Services estimates that approximately 6 juveniles in FY'95 would have meet the criteria in SB63. These few violent juveniles represent a extraordinary danger to the public and should be dealt with as adults.

The Anchorage Police Department compiled 1995 data which revealed a 200% increase in arrests of juveniles for violent crimes between 1990 and 1994. That same period showed a much less increase of 40% in juvenile arrests for property crimes. Alaska lawmakers can help curb this unprecedented increase in juvenile violent crime in Alaska by passing SB63.

If you have further questions, please contact myself or Chris Hieb of my staff at 465-3892.

DD/clh