Legislature(2005 - 2006)HOUSE FINANCE 519
03/15/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB155 | |
| HB107 | |
| HB19 | |
| HB67 | |
| HB98 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| HB 19 | |||
| HB 107 | |||
| = | HB 155 | ||
| = | SB 98 | ||
| = | HB 66 | ||
| = | HB 67 | ||
HOUSE BILL NO. 155
An Act relating to youth courts and to the recommended
use of criminal fines to fund the activities of youth
courts; and relating to accounting for criminal fines.
REPRESENTATIVE RALPH SAMUELS, SPONSOR, offered to answer
questions of the Committee.
Vice-Chair Stoltze referenced victim's rights noting that
the only complaint that he has heard about the Youth Courts
is that victims do not always know the dispensation of the
offender. There is no insurance unless there is
restitution. He asked if there was anyway around that.
Representative Samuels deferred the question to Attorney
Lack.
JONATHON LACK, (TESTIFIED VIA TELECONFERENCE), ATTORNEY,
VOLUNTEER WITH THE ANCHORAGE YOUTH COURT, ANCHORAGE,
explained that because these are juvenile proceedings, they
are confidential even to the victim. If the victims come to
court, they find out what the sentencing is. There is no
formal way to inform them that the sentence has been
completed. However, if the sentence is not completed, the
guilty person is referred back to the juvenile probation
officer, at which point, they return to whatever the normal
process is for any offender not completing the program.
Vice-Chair Stoltze inquired if victims are allowed to attend
the proceedings. Mr. Lack replied that they are.
1:59:51 PM
Vice-Chair Stoltze understood that in the Youth Court, once
guilt has been admitted to, then they proceed with
sentencing. He asked if there could be action from an
adversarial trial. Mr. Lack explained that the juvenile
defenders are not actually able to plead guilty; they have
to plead "no contest" because of the rules in State statute.
In most cases that go to trial, it is an adversarial
proceeding, in which the prosecution has to call witnesses,
often times the victims. He added that State Statute does
allow the Courts to subpoena witnesses.
2:01:35 PM
ANTHONY NEWMAN, DIVISION OF JUVENILE JUSTICE, DEPARTMENT OF
HEALTH & SOCIAL SERVICES, offered to answer questions of the
Committee.
VIRGINIA ESPENSHADE, (TESTIFIED VIA TELECONFERENCE),
DIRECTOR, KENAI PENINSULA YOUTH COURT, HOMER, testified in
support of the legislation. She pointed out that many
times, a written apology is required to the victim. Focus
on the victim's involvement is strong and often is mandated.
The perception that victims are left out comes from issues
of confidentiality.
2:03:30 PM
LISA ALBERT-KONECKY, (TESTIFIED VIA TELECONFERENCE), PROGRAM
COORDINATOR, MATSU YOUTH COURT, MATSU, testified in support
of the legislation. She explained that in the Matsu area,
there is a victim's justice coordinator who provides a
victim impact statement. She stressed that early
intervention really works.
· There have been over 1100 juvenile referrals since
1996 in the Matsu Valley Youth Court with a 92%
success rate over the last eight years;
· $10,200 dollars in restitution payments for the
victims has been received;
· There have been over 15,000 work service volunteer
hours.
· She mentioned the educational classes offered in
Matsu.
2:06:24 PM
Representative Hawker MOVED to report CS HB 155 (JUD) out of
Committee with individual recommendations and with the
accompanying fiscal notes. There being NO OBJECTION, it was
so ordered.
CS HB 155 (JUD) was reported out of Committee with a "do
pass" recommendation and with zero note #1 by the Department
of Law and a new zero note by the Department of Health &
Social Services.
2:07:55 PM
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