Legislature(2005 - 2006)CAPITOL 120
03/02/2005 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB155 | |
| HB132 | |
| HB107 | |
| HB131 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 155 | TELECONFERENCED | |
| += | HB 132 | TELECONFERENCED | |
| += | HB 107 | TELECONFERENCED | |
| *+ | HB 131 | TELECONFERENCED | |
HB 155 - USE CRIMINAL FINES FOR YOUTH COURTS 1:12:16 PM CHAIR McGUIRE announced that the first order of business would be 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." SARA NIELSEN, Staff to Representative Ralph Samuels, Alaska State Legislature, sponsor, on behalf of Representative Samuels, characterized HB 155 as simply an accounting bill that gives the legislature the authority to appropriate to the youth courts up to 25 percent of the fines collected by the Alaska Court System (ACS). Youth courts comprise a program that helps young offenders by intervening early to set them on the "right track" and works to deter them from becoming adult offenders. The Anchorage Youth Court (AYC) is the oldest in Alaska, and in the first two quarters of the current fiscal year (FY), youth courts dealt with 471 youth offender referrals, resulting in 8,833 hours of community [work] service (CWS) being ordered. Although HB 155 allows the legislature to appropriate monies to youth courts, it does not mandate it. She noted that members' packets include a proposed committee substitute (CS) for HB 155, Version 24-LS0614\G, Bullock, 2/28/05, that is intended to address concerns expressed by the ACS. 1:13:48 PM REPRESENTATIVE ANDERSON moved to adopt the proposed CS for HB 155, Version 24-LS0614\G, Bullock, 2/28/05, as the work draft. REPRESENTATIVE GRUENBERG objected for the purpose of discussion. He asked for a description of the differences between HB 155 and Version G. MS. NIELSEN relayed that the differences pertain to estimations regarding the collection of fines. REPRESENTATIVE GRUENBERG noted that Version G includes new Sections 3 and 4. CHAIR McGUIRE mentioned that members' packets include an e-mail from the ACS that provides a more in-depth explanation of why the changes offered in the CS are necessary. 1:14:30 PM DOUG WOOLIVER, Administrative Attorney, Administrative Staff, Office of the Administrative Director, Alaska Court System (ACS), said that the CS addresses the fact that the ACS's computer accounting system cannot yet, in all locations, break out fines from forfeitures. The CS will allow the ACS to give the legislature a yearly estimate of fines rather than an exact amount; he noted that such is already done regarding surcharges. REPRESENTATIVE GRUENBERG withdrew his objection. CHAIR McGUIRE announced that Version G was before the committee. MR. WOOLIVER remarked that as a general matter, the ACS is very supportive of youth courts, considering them to be very worthwhile on a number of levels. 1:16:46 PM JONATHON LACK, Member, Board of Directors, Anchorage Youth Court (AYC), after mentioning that he also serves on the [Alaska Juvenile Justice Advisory Committee (AJJAC)], said that youth courts throughout the state are remarkable in producing young people who are involved in the program and in training them to take an active role in the community. Youth courts excel at punishing first time juvenile offenders severely and far more quickly than the regular juvenile justice system (JJS). He too characterized HB 155 as an accounting bill, and offered his belief that the fiscal note from the Division of Juvenile Justice (DJJ) reflects an amount anticipated only if the legislature does appropriate funds as allowed by the bill. House Bill 155 will give youth courts some reassurance that they will be funded every year and that the current legislature understands the importance of youth courts. He encouraged passage of the bill and co-sponsorship of it. 1:19:17 PM MR. LACK relayed that Sharon Leon - Executive Director, Anchorage Youth Court (AYC) - and Joseph Ehrheart - United Youth Courts of Alaska (UYCA) - have indicated agreement with his comments and support the bill. 1:20:31 PM WHITNEY CUSHING - speaking on behalf of himself, Katie Gavenus, and Ginny Espenshade - relayed that he is the past student president of the United Youth Courts of Alaska (UYCA), and opined that no other group can be found with a greater commitment to community and volunteerism. During his terms on the UYCA, he said he found that the students and directors involved in the UYCA have an unmatched frugality and resolve to carry out justice. He opined that the youth courts of Alaska have filled in an integral part of the court system, and have saved the state money through profound ways, such as by reducing the number of juveniles that go through regular juvenile courts, and by addressing recidivism rates. He offered his belief that the chances are great that a juvenile going through a youth court will never show up in any of Alaska's other court systems. Even in times of economic downturns, he said, he believes it is necessary to invest in [youth] courts. He thanked the legislature for recognizing youth courts as an integral part of Alaska's justice process, and concluded by saying, "Over thousands and thousands of hours are employed by youth courts; youth court is basically justice structured to employ volunteerism." 1:22:50 PM MARK WARTES, Chair, Board of Directors, North Star Youth Court, said he agrees with all of the comments from Anchorage and [Homer], and relayed that the board unanimously supports HB 155. He mentioned that he has served on at least "three major youth boards here in the Fairbanks area," and the North Star Youth Court is the only organization in which youths serve their communities. It is an exciting program to be part of, he remarked, adding that he looks for the legislature's support. 1:23:50 PM MELISSA McCUMBY, Program Director, Valdez Youth Court, relayed that the DJJ's juvenile probation officer handles Cordova, Glennallen, and Valdez and so any relief the Valdez Youth Court is able to provide is greatly appreciated. She noted that the juvenile probation officer handled 41 referrals, 36 percent of which Valdez Youth Court was able to address. She also mentioned that the Valdez Youth Court handles city ordinance violations, such as minors in possession of alcohol or tobacco and curfew violations. To date, the Valdez Youth Court has imposed 187 hours of CWS and collected $377 of restitution for victims. 1:25:07 PM PATTY WARE, Director, Division of Juvenile Justice (DJJ), Department of Health & Social Services (DHSS), said that the DHSS and the DJJ are very strong supporters of youth courts. She mentioned that statewide in FY 04, in terms of holding youths accountable through the use of their peers, youth courts handled 10 percent of the DJJ's volume. Characterizing youth courts as an excellent program, she said that Alaska has long been a leader [in this venue]. She suggested, however, that Section 2 of Version G, lines 11-12, be altered by deleting the reference to the United Youth Courts of Alaska, and relayed that this suggested change was engendered by a request from youth courts that the DHSS, rather than the UYCA, be responsible for the distribution of the funds authorized by the bill. REPRESENTATIVE GRUENBERG asked whether such a change would incur any indirect costs. 1:28:09 PM MS. WARE mentioned that although the DJJ has submitted a small fiscal note, the estimated costs are contingent upon the legislature actually appropriating monies as allowed by the bill, and would fund a half time program coordinator position. She characterized this fiscal note as small given the level of programming and technical assistance it would support. She opined that were youth courts to be asked, they would express appreciation of the DJJ's interaction with them. REPRESENTATIVE GRUENBERG asked how many youth courts are in Alaska. MS. WARE said that 14 youth courts are operating currently and 5 are in various stages of development. REPRESENTATIVE GRUENBERG asked whether the aforementioned half time position is really necessary. MS. WARE replied, "We based that figure on an additional 34-40 youth courts, based on a figure of about $900,000, based on the amount of money that would have been taken from the [ACS's] fines collected." In response to further questions, she indicated that the fiscal note addresses future fiscal years, but not the current fiscal year because the existing infrastructure is sufficient to manage the 14 youth courts already in existence as well as the 5 under development. 1:30:53 PM REPRESENTATIVE GRUENBERG suggested possibly narrowing the title if additional issues aren't going to be addressed by the bill. MS. WARE indicated she is not aware of any other issues that could be addressed by the bill. 1:32:23 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 1, to delete from page 1, lines 11-12: ", or (2) the United Youth Courts of Alaska". There being no objection, Amendment 2 was adopted. 1:33:03 PM REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual Amendment 2, to narrow the title "so it just covers what's in the bill." CHAIR McGUIRE asked whether there were any objections to Conceptual Amendment 2 "and title resolution to follow." There being none, Conceptual Amendment 2 was adopted. 1:34:00 PM REPRESENTATIVE ANDERSON moved to report the proposed CS for HB 155, Version 24-LS0614\G, Bullock, 2/28/05, as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 155(JUD) was reported from the House Judiciary Standing Committee.
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