Session: State Capitol, Room 118 Juneau, AK 99801-1182 Phone: (907) 465-4968 Fax: (907) 465-2040 Subscribe to Newsletter District 11 & Judiciary Committee Info Interim: 716 W 4th, Suite 350 Anchorage, AK 99501-2133 Phone: (907) 269-0117 Fax: (907) 269-0119

Underage Drinking
Its a Crime Again

During session, I wrote to you about the need for legislative changes to the minor consuming alcohol laws. The changes were in response to the Alaska Supreme Court's decision, State v. Niedermeyer, rendered last December. The court found that taking away a minor's driver's license for possession or consumption of alcohol or a controlled substance, without giving them a trial, was in violation of a minor's constitutional right to due process, thereby throwing out our "Use It, Lose It" law.

As Chairman of the House Judiciary Committee, I was pleased to sponsor and pass a new law this session to effectively punish minors who are caught drinking alcohol. HB 179 will impose appropriate punishments on minors who use alcohol, and is intended to be a deterrent to minors when they consider drinking. Statistics show that the earlier a person begins drinking, the more likely they are to have problems with alcohol later in life. By sending a message early to minors that their actions will not go unpunished, we hope to deter alcohol problems in the future.

This bill establishes a graduated system of punishment for minors who are caught consuming, possessing or controlling alcohol. On a minor's first offense, he/she would be subject to a fine of between $200-600, must attend alcohol information school, and will be placed on probation. On a minor's second offense, the minor would be guilty of repeat minor consuming and would be subject to a fine of $1000, at least 48 hours of community work service, a three-month license revocation, and probation. A minor's third offense would cause them to be guilty of habitual minor consuming. This is a class B misdemeanor, which results in up to a $1000 fine and 90 days in jail. In addition, the minor will lose his/her license for a period of six months, will be required to complete at least 96 hours of community work service, and will be placed on probation.

In addition to increased penalties, this legislation breaks ground by allowing a judge to defer a first time offender to a community diversion panel as a sentencing option. This would allow the judge the discretion to send a minor to such entities as a youth court or a tribal council, where results might be more effective.

The bill also creates a Juvenile Alcohol Safety Action Program (JSAP), and funds a pilot juvenile treatment program. A judge will have the discretion to send a minor to JSAP as part of the minor's probation. JSAP programs screen, evaluate, and monitor the treatment needs of each minor on an individual basis. I have worked very hard throughout all my alcohol legislation to emphasis treatment and its positive effects.

If you have any questions, comments or concerns, please do not hesitate to contact me. I may be reached at my Anchorage office at 716 West Fourth Avenue, Suite 350 (note: this is a new suite), Anchorage; telephone, 269-0117; fax 269-0119. My e-mail is: Representative_Norman_Rokeberg@legis.state.ak.us.

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