Legislature(2005 - 2006)
05/02/2005 10:36 AM Senate FIN
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 155(JUD)
"An Act relating to funding for youth courts; and relating to
separately accounting for fines imposed on and collected from
defendants."
This was the first hearing for this bill in the Senate Finance
Committee.
REPRESENTATIVE RALPH SAMUELS, the bill's sponsor, read from his
Sponsor Statement as follows.
HB 155 simply gives the Legislature the authority to
appropriate up to 25% of the fines collected by the Alaska
Court System to the youth courts. It is not stipulated that
they must do so.
The youth courts help young offenders by intervening early to
set them on the right track and work to deter them from
becoming adult offenders.
The Anchorage Youth Court, which was established in 1989, is
the oldest of the 14 youth court programs in the State. In the
first two quarters of the current fiscal year, there have been
471 youth offenders referred to these programs, 397
adjudications, 8,833 hours of community service and $7,502.00
in restitution ordered.
There are 14 youth courts operating statewide: Anchorage,
Delta Junction, Fairbanks, Homer, Juneau, Kake, Kenai,
Ketchikan, Kodiak, Kotzebue, Mat-Su, Nome, Sitka and Wrangell.
This bill simply provides an accounting mechanism through
which to allow the Legislature to give the Youth Courts money.
"The actions of an offender being tried in a Youth Court are
judged by his or her peers. It is a lot tougher to blow smoke
if you are talking to your own age group."
Doug Wooliver, an attorney with the Alaska Court System,
drafted Sections 3 and 4 to address some of the concerns the
Court System had with their estimates and accounting of the
money.
10:56:05 AM
Co-Chair Green asked where the revenues collected from fines are
currently deposited.
10:56:16 AM
Representative Samuels clarified that the Alaska Youth Court is
currently unable to receive funds. He deferred to the Mr. Wooliver
with the Alaska Court System for further specifics.
10:56:26 AM
Co-Chair Green, noting that this legislation would not generate
additional money; it could simply divert revenue to the Youth
Court, asked for further information about where the funds are
currently deposited.
10:56:43 AM
Representative Samuels responded that the funds are currently
deposited to the General Fund. The bill would not stipulate where
the Youth Court would be ranked in line for funding; it would
simply implement an accounting mechanism through which money could
be allocated to the Youth Court.
10:57:04 AM
Co-Chair Green asked whether AS 37.05.142, as specified in language
in Section 1(g) page one, line five, was a general accounting
reference.
(g) Fines imposed and collected under this section shall
be separately accounted for under AS 37.05.142.
10:57:26 AM
DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
informed that AS 37.05.142 is a Statute "that directs an entity to
separately account for specific types of money. In this case, it
would direct the Court System to specifically identity fines
collected under AS 12.55.035 as opposed to revenue collected from
such things as other types of fines, court costs or forfeitures.
The funds would therefore be "labeled" in the General Fund.
10:58:07 AM
Co-Chair Green recalled past Committee discussions and concerns in
regards to fines that were collected but not provided to the harmed
party. She was unsure whether this was the result of accounting
procedures or a computer "glitch". She allowed that those issues
might have involved different types of fines than those addressed
in this legislation. Nonetheless, she asked what this legislation
would change that would allow these funds to be made available for
appropriation.
10:58:48 AM
Mr. Wooliver stated that this legislation would not address the
issue of the "disconnect" between the Alaska Court System and the
Collections and Support Section of the Department of Law. This bill
would specify that the fine money collected and accounted for
directly by the Alaska Court System would be deposited into the
general fund. That would be the dollar amount subject to this
legislation. This would circumvent "the disconnect" that is
occurring with the Department of Law collections division.
Co-Chair Green understood therefore that this legislation would
"pre-authorize" one-quarter of the fine revenue collected by the
Court System to be used to fund the Youth Court.
10:59:37 AM
Mr. Wooliver responded that this legislation would provide the
authority through which the Legislature could do that.
Co-Chair Green pointed out that the bill's provisions specify that
the Legislature "'may' appropriate" those funds.
10:59:44 AM
Co-Chair Green asked whether this action could occur absent this
bill.
10:59:50 AM
Representative Samuels expressed the understanding that the
Legislature could establish a procedure through which to
appropriate funds "all at one time".
11:00:06 AM
Senator Stedman remarked "the operative provision here is 'may'".
That word would indicate that the appropriation would not be
mandatory. Continuing, he inquired as to how much 25-percent of the
fines collected for the past three to five years would have
amounted to.
11:00:27 AM
Mr. Wooliver reported that, over the past year, the Alaska Court
System collected approximately $3,500,000 in fines; this bill would
allow 25 percent of that amount to be available to the Youth
Courts.
11:00:50 AM
Co-Chair Wilken voiced surprise at that amount, as the Department
of Law fiscal note #1 indicates that $1,200,000 was collected. 25-
percent of that amount would equate to approximately $324,800 being
provided to the Youth Courts.
11:01:10 AM
Co-Chair Wilken understood from Representative Samuels' remarks
that the Legislature could appropriate funds without this
legislation. This bill would simply serve to establish the
mechanism for the appropriation. Continuing, he expressed that the
words "up to" 25-percent should be included in Sec. 2 page one line
nine, as current wording would indicate the Legislature would be
limited to either appropriating zero or 25-percent of the fines.
While he is a "big supporter" of the Youth Court program, the
concern would be that the Youth Court program would grow as a
result of a year or years with good earnings; however the program
would encounter trouble were their funding to diminish in years of
low earnings. Therefore, the inclusion of the words "up to" would
provide the Legislature "the discretion" to fund the program "at an
appropriate level depending on what they are requesting".
Conceptual Amendment #1: This amendment inserts the words "up to"
before the phase "25 percent" in Sec. 2 page one line nine.
Co-Chair Wilken moved Conceptual Amendment #1.
There being no objection, Conceptual Amendment #1 was ADOPTED.
Co-Chair Green ordered the bill HELD in Committee.
AT EASE 11:04:14 AM / 1:47:45 PM
1:47:48 PM
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