Legislature(2003 - 2004)
02/10/2004 01:41 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 303
REPRESENTATIVE DAN OGG, SPONSOR, explained that HB 303 would
fund the Youth Court program with criminal fines. He stated
that he introduced the bill because many of the youth courts
in the state had formerly been funded by federal grants,
which are now significantly reduced. He stressed that it is
not possible to fund the youth courts on carwashes, with
each program requiring around $30,000 to operate. The youth
courts are successful and needed.
CLIFF STONE, STAFF, REPRESENTATIVE OGG, referred to the bill
packet (copies on file.) He stated that the 2002 research
report, "The Impact of Teen Court on Young Offenders, by the
Urban Institute, April 2002" (copy on file) is the only
definitive report on youth courts across the country.
Alaska at 6 % has one of the lowest recidivism rates in the
country, which indicates fewer second and third-time
offenders. He paraphrased from a speech by Chief Justice
Dana Fabe, "The Challenge of and Informed Citizenry," which
explained the benefits of youth courts. Mr. Stone concluded
that these teenagers are providing a great service to their
communities and the program is worthy of legislative
support.
Co-Chair Harris brought up the Division of Juvenile Justice
fiscal note dated 02-10-04 that totals over $1 million.
Mr. Stone explained that the House Judiciary Committee
Substitute [allows the legislature] to collect up to 25% of
the fines, and based on FY 02 figures, twenty-five percent
would take in over $1 million. The Judiciary Committee
passed the bill and accompanying fiscal note out of
committee with the intention that the House Finance
Committee would work with the number. He explained that 15%
of the collected fines would total about $650 thousand,
while $600 thousand is needed to fund the youth courts and
allow for possible expansion. Bethel does not have a youth
court and presents a high priority.
Co-Chair Harris asked if judges and attorneys in Bethel
would volunteer toward the youth court effort. Mr. Stone
said that he could not respond, but noted that the director
of the youth courts has looked at the Bethel area for
potential funding.
Representative Hawker asked if the court fines and proceeds
are currently totally undesignated in the budget. Mr. Stone
replied that he believed that some of the money goes to the
General Fund.
Co-Chair Williams stated that the Committee would work on
the fiscal note, which "is a little high."
PATTY WARE, DIRECTOR, DIVISION of JUVENILE JUSTICE,
DEPARTMENT of HEALTH and SOCIAL SERVICES, informed the
Committee that youth courts perform a critical function in
the state's criminal justice system. In FY 03, youth courts
across the state were responsible for addressing 14% of the
division's referrals. The courts provide an effective and
timely response to juvenile misdemeanor offenders. She
stated that the department is very supportive of the program
in urban and rural Alaska.
Ms. Ware continued, the department proposes to amend the
language in Section 2, from "25 percent of the fines"
yielding over $1 million, to "10 of the fines," which would
yield about $430 thousand. She asked for support while
recognizing that the legislature is facing a number of
funding shortfalls.
Representative Hawker asked for a brief explanation of the
funding changes over the past few years.
Ms. Ware explained that historically, youth courts have been
paid through federal dollars, primarily from the juvenile
accountability and incentive block grant. The division has
experienced significant reductions in federal funding over
the past few fiscal years. This fiscal year the bulk of
youth courts are funded through general fund dollars, in
anticipation of the reduction in federal funds. Last fiscal
year the department adjusted or cut services and programs,
and agreements with other state agencies, in order to shift
funding to the youth court program with general fund
dollars.
In response to a question by Representative Hawker, Ms. Ware
clarified that the department was previously receiving about
$1 million in federal monies, but the state agency is
currently zeroed out in the next federal budget.
Representative Hawker was unable to find a discrete
component for the program in the budget because it is split
between Probation Services and Delinquency Prevention. Ms.
Ware clarified that most of the funding is in Probation
Services, with the remainder in the Delinquency Prevention
component.
Representative Hawker asked why there is no single component
line identifying the youth courts. Ms. Ware was not sure
but she thought that the department would have to single out
several other community-based services as well.
Vice-Chair Meyer asked when the court fines were last
raised. Ms. Ware was unable to respond.
Vice-Chair Meyer asked if local municipalities contribute to
the youth courts. Ms. Ware explained that the courts
receive substantial in-kind and cash matches. The
department and bill sponsor numbers do not reflect the total
operating costs of the youth courts. The grant reports
indicate $270 thousand in general fund dollars matched with
$490 thousand in cash, and an additional $370 thousand in
in-kind dollars. The in-kind match includes donations, and
attorneys and others volunteering their time.
Representative Joule compared Alaska's 3% recidivism rate
with the national rate of 26%, and asked how much the 23%
difference represents in terms of savings. Ms. Ware was
unable to speak to the methodology or make a direct
comparison.
Representative Stoltze asked if the department supports this
program as a priority. Ms. Ware clarified that the division
did not make an additional request in the FY 05 budget for
youth courts. The division is a strong supporter of the
program, but the decision on appropriation level and
priority ranking is left to the legislature.
Representative Foster referred to the Urban Institute's
report indicating that most states do not formally endorse
teen courts. Alaska is the only state to address teen court
adjudication in statute. Ms. Ware agreed that Alaska is
ahead of other states with its option of using youth courts
in the delinquency statutes, as well as its partnership
between youth courts and the formal court system.
Representative Hawker requested that the division provide a
three-year comparison from FY 03 - FY 05 delineating
grantees, totals, and funding sources to show the transition
from federal to general funds. Ms. Ware said that she would
provide the information.
CHERYL FULTZ, BOARD MEMBER, KETCHIKAN YOUTH COURT, VIA
TELECONFERENCE, stated that a lot of time is spent on fund-
raising and expressed concern about losing the juvenile
justice grant.
GRETCHEN KLEIN, YOUTH COURT COORDINATOR, VIA TELECONFERENCE,
KETCHIKAN, spoke to in-kind donations. She stated that
youth courts allow kids to learn more about the judicial
system and judge their peers, to see how laws work in the
community, and to become better citizens. Youth courts
believe in restorative justice, and are involved in ensuring
restitution to the victims through community service. The
turnaround rate for cases averages 45 days.
Co-Chair Harris asked for a general overview of budget
expenditures. Ms. Klein explained that last year the budget
was reduced from $26 thousand to $15 thousand in the
accountability grant. The budget is about $80 thousand, due
to large in-kind donations including office space and
manpower. Fundraising brings in $12 thousand. She stated $30
thousand would allow a youth court to operate with part-time
staff and volunteers.
Co-Chair Harris asked if teachers are involved and if
computers are donated. Ms. Klein replied that the Ketchikan
program is currently not under the school system, but there
are donations of equipment and time, and school classrooms.
Co-Chair Harris noted that the Governor's budget has a
figure of $400 thousand instead of $1 million, and asked how
many youth courts would share the funding. Ms. Klein
replied there are fifteen youth courts.
Co-Chair Harris calculated about $26 thousand per youth
court. He asked about the allocation for travel. Ms. Klein
responded the travel fund is for the national conference,
and for networking with other youth courts around the state.
WHITNEY CUSHING, PRESIDENT, UNITED YOUTH COURTS OF ALASKA,
VIA TELECONFERENCE, HOMER, spoke from written testimony
(copy on file) explaining that he has had the opportunity to
work with youth courts around the state. He said the
frugality of youth courts couldn't be matched, emphasizing
the ways that youth courts save the state money. He cited
program-related statistics. He spoke to the effects of
funding cuts on several youth courts. He stressed that the
program is a money-saving investment.
VIRGINIA ESPENSHADE, DIRECTOR, KENAI PENINSULA YOUTH COURT
VIA TELECONFERENCE, HOMER, discussed the funding history.
Fiscal Year 2002 was the last year the youth courts were
fully funded at $30 thousand, with a 10% cut following in FY
03. The FY 04 cut was based on the number of cases. She
advised the committee to use a figure between $30-40
thousand to staff each program. Federal funds are not
anticipated for the fifteen youth courts. She discussed
caseload increase.
TAPE HFC 04 - 23, Side B
CHRISTINA DERRICKSON, SENIOR, KODIAK HIGH SCHOOL, JUDGE AND
ATTORNEY OF TEEN COURT, VIA TELECONFERENCE, KODIAK, related
her involvement with teen court for four years and spoke of
the benefits to the community. She stated that the program
allows teens to get better sense of the law and to
adjudicate cases.
CYNTHIA SHANGIN, MEMBER OF TEEN COURT, VIA TELECONFERENCE,
KODIAK, emphasized that her involvement has helped her
improve her public speaking skills and has increased her
knowledge of the law. She has gained appreciation for the
mutual assistance between youths and their community.
ABIGAIL LEVIN, DIRECTOR, JUNEAU YOUTH COURTS, described her
responsibility for supervising and training 25 student
volunteers and handling up to 45 cases per school year. She
stressed the funding limitations. Because the program
remains housed within the school district, it is limited to
the school year and only basic tasks and the training of
volunteers. With partial funding, it is an inefficient
operation. She discussed her ideas for improving the quality
and quantity of services including follow-up meetings with
the defendant, and expanding into middle schools with a
mentorship program for early intervention.
Vice-Chair Meyer asked if an offending teen has a choice
between youth court and the regular court system. Ms. Levin
replied yes, and clarified that youth court handles both
Class A and B misdemeanors.
Vice-Chair Meyer asked how often offending youth would
choose youth court over regular court. Ms. Levin answered
almost uniformly, because of the financial incentive. Class
A and B fines are $200 and if there is a cheaper
alternative, teens will generally choose it.
Vice-Chair Meyer asked if the fines are reduced in youth
court. Ms. Levin replied that it is not an actual fine, and
the youth panel decides sentencing. However, costs can
reach $100 because of referrals for screening services.
Vice-Chair Meyer mentioned that misdemeanor offenses
sometimes bring a prison sentence. Ms. Levin replied that
youth courts only hear first offenses.
Representative Foster asked the budget of the Juneau youth
court progam. Ms. Levin replied that it totals about $23
thousand including local cash and $15 thousand derived from
the state block grant.
Representative Hawker asked about the other forms of
restitution including community service. Ms. Levin stated
that the youth court doesn't sentence with cash fines.
Usually the sentences involve reeducation, writing essays,
community service hours, or restitution to the victim.
Representative Hawker wondered if the sentencing is
oftentimes more punitive, with peers sentencing peers. Ms.
Levin replied that sentencing is not more punitive but it
can be more time-consuming because of the learning involved.
Co-Chair Harris asked if Ms. Levin holds with the philosophy
of restorative justice. She replied that she does. The
lower recidivism rate results from a teen obeying the law
because he knows the community values him and he has an
incentive to correct his ways, not because he is afraid of
being punished.
Co-Chair Harris asked if an increase in staff, wages and
benefits is merited. Ms. Ware stated that it is necessary to
a well-run program. The high turnover is due to the $10
thousand salary and no benefits.
In response to a question by Co-Chair Harris, Ms. Levin
explained that the youth court program has run since the
late 1980's with adequate funding from the state.
Representative Foster asked if there are instances of an
offender not completing his sentence. Ms. Levin stated that
the youth court always works with the defendant for eventual
completion of a sentence.
ZOE OLSON, SENIOR at JUNEAU-DOUGLAS HIGH SCHOOL, ADVOCATE
and BOARD MEMBER, CO-CHAIR OF ADVISORY BOARD, JUNEAU YOUTH
COURT, explained that she first got involved in youth court
in 1999 through her interest in pursuing a legal profession.
She has served on countless cases as judge or attorney. She
related her experience of an offender in the program being
so profoundly affected that he later joined the youth court
in the hope of helping other teens.
NICHOLAS PENNINGTON, ATTORNEY WITH TEEN COURT, KODIAK,
expressed that the teen court program benefits the
prosecuted teenager who will not have the offense on record.
He felt that the program benefits the whole community.
AMANDA NUGGETT, EIGHTH GRADER, VIA TELECONFERENCE, KODIAK,
stated that the program helps a teenager to make restitution
to the victim and the community. The program is effective
because of teens sentencing their peers. The program has
helped her learn to speak out and tell another teen that his
behavior was wrong.
Ms. Derrickson interjected that in the fall of 2002, Kodiak
teen court began taking cases of minor possession and
consuming, which nearly tripled its caseload. Budget cuts
would severely hinder the court from helping kids to
complete their sentencing.
JANE LONGENBAUGH, NINE GRADER JUNEAU-DOUGLAS HIGH SCHOOL,
YOUTH COURT ADVOCATE, JUNEAU, eloquently spoke from written
testimony (copy on file) praising the volunteer efforts of
judges, including Judge Peter Froehlich, lawyers, and kids.
The program helps kids who get in trouble get a second
chance so that their lives are not ruined by one little
mistake. The parents are glad that the sentences involve
community service or writing an essay or apology letter.
She expressed that most of the teens and pre-teens who come
through youth court are good kids, with high grades and
plans for the future. She stated, without this option their
foolish mistakes would go on the record and someday prevent
them from joining the army or getting a good job. Teen
advocates are effective. She stated, adults can be great
judges and lawyers but they don't have the same connection
to the young offenders.
LAURY SCANDLING, PRIMARY FOUNDER OF JUNEAU YOUTH COURT,
TEACHER AT JUNEAU-DOUGLAS HIGH SCHOOL, fluently explained
that she started the Juneau youth court at the high school
nine years ago as an alternative to keep kids from being
suspended, and instead face their peers for school-related
offenses. Ms. Scandling did this voluntarily on her own time
until Juneau's caseload grew for first-time offenders facing
their peers for citations and arrests. She applied for and
received a federal juvenile justice grant in 1998. She
emphasized that justice is a public responsibility and
institution, whether in the courthouse or performed by
teens, and it is deserving of public support. Youth courts
handle about 15% of the referrals that otherwise would be
processed by probation officers. She urged basic equitable
support of $10-15 thousand for each of the fifteen youth
courts, especially the larger ones in Anchorage, Mat-Su and
Fairbanks.
Representative Stoltze asked if youth court is a sentencing
function rather than a trial with defense attorneys. Ms.
Scandling replied that Anchorage has a program where a
defendant's guilt or innocence can be the issue, but
elsewhere the defendant arrives in youth court acknowledging
culpability and is sentenced by a 3-judge panel.
In response to a question by Representative Hawker, Ms.
Scandling explained that the administrative position has
never been full-time and it averages 17-19 hours per week.
Representative Hawker questioned if HB 303 would not be
institutionalizing another bureaucracy of paid state
employees. Ms. Scandling replied that the program is "bare
bones," and one of most volunteer-oriented, community-based
organizations.
Vice-Chair Meyer asked about the type of referrals. Ms.
Scandling replied the cases primarily involve shoplifting,
which is addictive and often leads to adult crime, and also
minor consuming. Alaska is authorized to take first
offenders for minor consuming. The youth court also takes
school referrals for teens who wish to avoid suspension for
fairly serious offenses including vandalism and stealing.
Ms. Scandling discussed mentorships and the training period
for students to become an advocate or judge.
Co-Chair Harris stated that the committee supports the
program and is concerned about how to fund it along with the
requests for an additional $40-50 million for education and
other programs.
KRISTA SCULLY, DIRECTOR OF UNITED YOUTH COURTS OF ALASKA,
VIA TELECONFERENCE, ANCHORAGE, agreed that Alaska is ahead
of the curve nationally. Anchorage, which had the first
youth court in Alaska, is now celebrating its fifteenth
year. The programs are stand-alone nonprofits, housed in
the school community, or partnered with other organizations.
In response to a question by Vice-Chair Meyer, Ms. Scully
stated the Municipality of Anchorage has made HB 303 one of
its legislative priorities and has committed funding to the
Anchorage program.
Representative Foster noted that Anchorage received funding
of $25 thousand this year, and asked why it will receive an
increase to $30 thousand next year. Ms. Scully explained
the amount awarded is based on a formula from Juvenile
Justice.
Mr. Stone discussed the Anchorage program and the federal
funding cuts.
Co-Chair Harris asked why the Nome program was funded at $7
thousand. Mr. Stone replied that it relates to the number
of referrals, but admitted that he did not have a definitive
answer.
HB 303 was heard and HELD in Committee for further
consideration.
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