04/09/2010 01:30 PM House FINANCE

SENATE BILL NO. 257                                                                                                           
                                                                                                                                
     "An Act relating to funding for youth courts; and                                                                          
     relating to accounting for criminal fines."                                                                                
                                                                                                                                
2:33:29 PM                                                                                                                    
                                                                                                                                
SENATOR   DENNIS   EGAN,   SPONSOR,   explained   that   the                                                                    
legislation provides a sustainable  funding source for youth                                                                    
courts. Youth courts  across the state share  the same basic                                                                    
principal that young  people picked up for  small crimes get                                                                    
a trial by their peers. He  pointed out that only 10 percent                                                                    
of juveniles  who go through  the program  re-offend, saving                                                                    
the  state  approximately  $10  thousand  per  offender.  He                                                                    
maintained  that the  program  provides  real attention  and                                                                    
real  consequences. The  kids who  volunteer in  the program                                                                    
get  great  training  in  criminal  law,  which  is  another                                                                    
benefit to  Alaskans. The  legislation designates  a portion                                                                    
of  criminal  fines as  a  funding  source for  the  courts.                                                                    
Currently,  adult criminal  fines go  into the  unrestricted                                                                    
general fund.  Senate Bill 257  designates up to  25 percent                                                                    
of those  funds for  youth courts.  Senator Egan  noted that                                                                    
making criminals pay for crime prevention is logical.                                                                           
                                                                                                                                
2:35:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MUNOZ,  a Co-Sponsor  of  SB  257, spoke  in                                                                    
support of the  legislation. She noted that  youth courts in                                                                    
general  and have  been  very  successful, and  specifically                                                                    
mentioned the  success of the  program in Juneau.  There are                                                                    
12  youth  courts  across  the   state.  The  bill  sponsors                                                                    
received  a significant  amount of  input from  youth courts                                                                    
across  the  state  as  well  as  from  police  departments,                                                                    
municipalities and individuals.                                                                                                 
                                                                                                                                
Representative  Doogan asked  how much  25 percent  of fines                                                                    
would amount to.                                                                                                                
                                                                                                                                
JESSE KIEHL,  STAFF, SENATOR  EGAN, explained  that criminal                                                                    
fines  average approximately  $5.2 million  to $5.3  million                                                                    
per year.  Providing 25  percent of those  fines would  be a                                                                    
significant increase  over current funding for  youth courts                                                                    
or the near term anticipated need.                                                                                              
                                                                                                                                
Representative Doogan asked  how the bill would  deal with a                                                                    
mechanism for funding the current need.                                                                                         
                                                                                                                                
Mr.  Kiehl  answered  that excess  funds  are  automatically                                                                    
returned  to   the  unrestricted   general  fund   when  the                                                                    
authorization  is  greater  than   the  amount  needed.  The                                                                    
legislative appropriation would be based  on the need of the                                                                    
youth courts.  Twenty-five 25 percent  would leave  room for                                                                    
future growth in the program.                                                                                                   
                                                                                                                                
2:39:10 PM                                                                                                                    
                                                                                                                                
Representative Austerman  asked for  clarification regarding                                                                    
language  in the  legislation  that  states the  legislature                                                                    
"may" appropriate  25 percent.  He asked  if that  meant the                                                                    
legislature  could  appropriate 10  percent  if  that was  a                                                                    
sufficient amount.                                                                                                              
                                                                                                                                
Mr. Kiehl  observed that 10  percent would  be approximately                                                                    
the  amount  appropriated  in  the  Senate  version  of  the                                                                    
operating budget.                                                                                                               
                                                                                                                                
Representative Munoz  pointed out that in  the House version                                                                    
there was an amendment added  to include the language "up to                                                                    
25  percent".   Representative  Gara   did  not   think  the                                                                    
additional language was necessary  and observed that section                                                                    
3 is permissible.                                                                                                               
                                                                                                                                
2:40:43 PM                                                                                                                    
                                                                                                                                
Representative Foster  noted his  support for  youth courts.                                                                    
He  noted that  youth courts  have an  8 percent  recidivism                                                                    
rate, which  is lower than the  traditional juvenile justice                                                                    
system and asked  if there is a cut-off  point regarding the                                                                    
kinds of cases  that youth courts can  accept. He questioned                                                                    
if  the   8  percent   rate  reflects   an  apples-to-apples                                                                    
comparison  between youth  courts and  the juvenile  justice                                                                    
system.                                                                                                                         
                                                                                                                                
Mr.  Kiehl explained  that Alaska  statute 47.12.400  sets a                                                                    
bar for  what can  be handled by  the juvenile  court. Cases                                                                    
referred  to  youth  courts under  Alaska  statutes  can  be                                                                    
alcohol related offenses, traffic  offenses, and offenses up                                                                    
to a Class A misdemeanor.                                                                                                       
                                                                                                                                
Co-Chair  Stoltze  asked  what   the  most  serious  offense                                                                    
referred to the youth courts could be.                                                                                          
                                                                                                                                
Mr.  Kiehl  said  a  minor   assault  would  be  within  the                                                                    
misdemeanor realm, whereas serious bodily injury would not.                                                                     
                                                                                                                                
Co-Chair Stoltze noted he would  like more answers regarding                                                                    
his question.                                                                                                                   
                                                                                                                                
Representative  Joule  commented   that  he  received  three                                                                    
letters  from students  at Mt.  Edgecumbe involved  in youth                                                                    
courts who were very articulate  in their support of SB 257.                                                                    
These students pointed out that  having youth handle some of                                                                    
these  issues  provides  a savings  to  the  courts,  noting                                                                    
savings  of  about  $10 thousand  per  case.  Representative                                                                    
Joule asked if youth courts  would have the latitude to deal                                                                    
with  truancy, which  is something  that the  courts do  not                                                                    
appear to have time for.                                                                                                        
                                                                                                                                
Mr. Kiehl  responded that  he was  not familiar  enough with                                                                    
the statute  on truancy to  provide a definitive  answer. He                                                                    
noted that  he did not  believe truancy  to be a  felony and                                                                    
purported  that  when  a  juvenile  is  picked  up  for  the                                                                    
offense, the  Division of Juvenile  Justice could  refer the                                                                    
case to a youth court.                                                                                                          
                                                                                                                                
2:45:00 PM                                                                                                                    
                                                                                                                                
Representative Joule  followed up  noting that truancy  is a                                                                    
glaring issue  around the state  that could be  addressed in                                                                    
the  legislation. He  stated  that part  of  the reason  the                                                                    
youth  courts are  effective is  because  peers are  dealing                                                                    
with each other.                                                                                                                
                                                                                                                                
Representative  Gara  asked  Senator   Egan  if  the  bill's                                                                    
purpose aimed to address a  shortfall youth courts currently                                                                    
face or at preventing a shortfall in the future.                                                                                
                                                                                                                                
Senator Egan  replied that it is  a little of both,  so when                                                                    
current  federal funding  runs  out, the  youth courts  will                                                                    
continue to be funded.                                                                                                          
                                                                                                                                
Representative  Gara  asked  whether  the  state  is  facing                                                                    
decreasing federal funds.                                                                                                       
                                                                                                                                
Mr. Kiehl responded  in the affirmative, noting  the last of                                                                    
the  second earmark  will  end. Youth  courts  have done  an                                                                    
excellent  job  of  reaching out  to  their  communities  to                                                                    
broaden their  budgets as much  as possible. The  10 percent                                                                    
referenced  in  the  operating budget  would  be  an  amount                                                                    
sufficient to keep the lights  on and nothing more. However,                                                                    
there have been  requests from around the state  to open new                                                                    
youth courts  that would serve  more Alaskans.  Youth courts                                                                    
in some  rural areas of the  state have been closed  and are                                                                    
interested in re-opening.                                                                                                       
                                                                                                                                
2:48:02 PM                                                                                                                    
                                                                                                                                
Co-Chair  Stoltze  questioned  in  the  interaction  between                                                                    
Department of Health and Social  Services and the Department                                                                    
of Law, who handles what  role and how would the legislation                                                                    
impact the activities of both departments.                                                                                      
                                                                                                                                
Mr. Kiehl responded that the  youth courts operate under the                                                                    
Department of  Health and Social Services  as a diversionary                                                                    
program for juvenile justice cases.  The Alaska Court System                                                                    
provides  cooperation and  support but  neither funding  nor                                                                    
oversight.  Youth courts  in most  communities  have use  of                                                                    
court rooms  when available.  The court  system has  in turn                                                                    
seen the value  of the youth courts and provides  the use of                                                                    
their court rooms free of charge.                                                                                               
                                                                                                                                
2:49:07 PM                                                                                                                    
                                                                                                                                
Representative  Foster asked  if  his  assumption that  most                                                                    
youth courts  are associated  with towns  that have  a court                                                                    
was  accurate. He  wondered if  villages have  youth courts,                                                                    
and if  not, are there  any options  to get youth  courts in                                                                    
villages telephonically.                                                                                                        
                                                                                                                                
Mr. Kiehl felt there was  a great possibility [to expand the                                                                    
program  telephonically]  in   the  future.  Alaska  statute                                                                    
47.12.400 only  allows one youth court  per municipality but                                                                    
nothing prohibits two or  more municipalities from operating                                                                    
a single youth court by agreement between them.                                                                                 
                                                                                                                                
2:50:13 PM                                                                                                                    
                                                                                                                                
Co-Chair Hawker pointed out  that the legislation originated                                                                    
as a  house bill in 2005,  which died in the  Senate Finance                                                                    
Committee and noted his support of the bill.                                                                                    
                                                                                                                                
Representative  Austerman noted  his  support  of the  youth                                                                    
courts and belief  that they should be  funded. Youth courts                                                                    
help young  students. He maintained  that the bill  does not                                                                    
fund youth courts but highlights  the issue that they should                                                                    
be funded.                                                                                                                      
                                                                                                                                
2:51:34 PM                                                                                                                    
                                                                                                                                
Vice-Chair  Thomas   asked  if  plea  bargaining   from  one                                                                    
complaint  to a  lower one  occurs  in youth  courts or  are                                                                    
charges are firm.                                                                                                               
                                                                                                                                
Mr. Kiehl  responded that  every youth  court runs  a little                                                                    
differently. In some communities the  youth court picks up a                                                                    
case  right  after arrest.  Other  youth  courts operate  as                                                                    
sentencing courts.  The first expansion  of youth  courts in                                                                    
Alaska happened at  a time when the  juvenile justice system                                                                    
was  so swamped  that kids  picked up  for shoplifting  just                                                                    
received a  letter notifying them  of a $25 fine.  Now these                                                                    
cases  get closer  look  because  attorneys volunteer  their                                                                    
services to the youth courts.                                                                                                   
                                                                                                                                
Vice-Chair Thomas related a personal antidote.                                                                                  
                                                                                                                                
2:54:53 PM                                                                                                                    
                                                                                                                                
MEGHAN STANGELAND,  ADVOCATE, JUNEAU YOUTH  COURT, supported                                                                    
the bill  and keeping  youth courts.  She stressed  that she                                                                    
has learned so  much from the youth  court system, including                                                                    
how the court  system works and public  speaking skills. She                                                                    
noted the courts are also  very important for the defendants                                                                    
as  the  process  focuses  on  constructing  sentences  that                                                                    
reflect  personalization for  each  defendant, which  allows                                                                    
the defendant  to identify their strengths  and to hopefully                                                                    
give back  to the community  in ways that help  them realize                                                                    
they can be an asset to the community.                                                                                          
                                                                                                                                
GINNY   ESPENSHADE,  KENAI   PENINSULA   YOUTH  COURT   (via                                                                    
teleconference),   responded   to   Representative   Joule's                                                                    
comment  related  to  truancy, noting  that  each  community                                                                    
youth court  could work with  their community to  modify the                                                                    
court's focus  based on the community's  specific needs. Ms.                                                                    
Espenshade referred to the upper  state New York youth court                                                                    
system,  which is  an entirely  truancy based  court, as  an                                                                    
example of how each youth court  can respond to the needs of                                                                    
their given community.                                                                                                          
                                                                                                                                
2:57:33 PM                                                                                                                    
                                                                                                                                
CEEZAR    MARTINSON,    ANCHORAGE     YOUTH    COURT    (via                                                                    
teleconference), emphasized his strong  support of the bill.                                                                    
As a  member of  the Anchorage  youth court,  his experience                                                                    
has been  a very rewarding  time, inspiring him to  pursue a                                                                    
career in law enforcement.  Mr. Martinson encouraged support                                                                    
of the bill.                                                                                                                    
                                                                                                                                
SHARON LEON, EXECUTIVE DIRECTOR,  ANCHORAGE YOUTH COURT (via                                                                    
teleconference),  in  response  to  an  earlier  comment  by                                                                    
Representative  Foster, voiced  agreement on  trying to  get                                                                    
youth  courts into  rural areas.  Several  youth courts  are                                                                    
currently looking to  see if these practices can  be used in                                                                    
rural communities.                                                                                                              
                                                                                                                                
Ms.  Leon  testified  that  the   support  of  youth  courts                                                                    
presents  an opportunity  to fund  a  program that  provides                                                                    
tangible  benefits  to Alaska's  youth  and  adults and  the                                                                    
lives  of  future  generations.   Ms.  Leon  emphasized  the                                                                    
importance  of  a  program  where   youth  and  adults  work                                                                    
together in a partnership and urged support of the bill.                                                                        
                                                                                                                                
3:02:38 PM                                                                                                                    
                                                                                                                                
Representative  Foster thanked  Ms. Leon  for the  Anchorage                                                                    
youth court's rural outreach efforts.                                                                                           
                                                                                                                                
Co-Chair Stoltze closed public testimony.                                                                                       
                                                                                                                                
3:03:22 PM                                                                                                                    
                                                                                                                                
Co-Chair  Hawker MOVED  to report  SB 257  out of  Committee                                                                    
with individual recommendations  and the accompanying fiscal                                                                    
notes. There being NO OBJECTION, it was so ordered.                                                                             
                                                                                                                                
SB  257 was  REPORTED  out  of Committee  with  a "do  pass"                                                                    
recommendation and  with previously published  fiscal notes:                                                                    
FN 1(CRT), FN 2(DHS), FN 3(LAW).