02/23/1994 01:40 PM Senate HES

 CHAIRMAN RIEGER introduced  HB 195  (AUTHORIZING YOUTH COURTS) as the    he   
 next order of business before the committee.                                  
                                                                               
 PAULA TERREL, Staff to Representative Sitton, gave an overview of             
 the sponsor statement.  She pointed out that this youth court                 
 program is modeled after the Anchorage program which has been                 
 successful.  She stated that Representative Sitton wanted to use              
 this legislation in order to help the kids without throwing them in           
 jail.  HB 195 establishes the authority to establish the Youth                
 Court as a diversionary program and sets up a grant program.  She             
 noted that in the Anchorage program, participation of the community           
 was shown to be essential to the programs success.  HB 195 allows             
 flexibility to rural and urban communities to establish programs              
 based upon their specific needs.  She noted that HB 195 allows the            
 Youth Court to subpoena witnesses.  She expressed the support of HB
 from the Anchorage youths who have participated in the program.           
                                                                               
 SENATOR SHARP asked if the subpoenas would be an added cost that is           
 not done through the Division of Family and Youth Services (DFYS).            
 PAULA TERREL said there would not be any extra cost for the                   
 administration of the program.  This is done through FYS not the              
 court system.                                                                 
 CHAIRMAN RIEGER asked what page 3, line 8 means; "may secure                  
 jurisdiction over a juvenile."  PAULA TERREL explained that                   
 Juvenile Intake, of the Department of Health and Social Services              
 (DHSS), can refer a minor who has committed a misdemeanor to the              
 jurisdiction of the Youth Court.  The parents of the minor, the               
 minor, and the Juvenile Intake officer must all approve of the                
 minor being sent to Youth Court.  She clarified that Alaska Statute           
 18 refers to DHSS.                                                            
                                                                               
 CHAIRMAN RIEGER asked if the authority is delegated by the statute            
 or from the court due to this statute enabling the court to have              
 the authority.  PAULA TERREL stated that originally this was                  
 purview of the court, but now it has shifted to Juvenile Intake of            
 DHSS.  She noted the need for some clean up language in the                   
 statutes.  Basically the court system is not involved at all.                 
                                                                               
 Number 412                                                                    
                                                                               
 SENATOR LEMAN asked what case can be referred to the Youth Court.             
 PAULA TERREL explained that DHSS would not refer nor would the                
 Youth Court accept severe felony cases such as murder.  HB 195                
 would not conflict with the juvenile waiver bill.                             
                                                                               
 CHAIRMAN RIEGER stated that Senator Leman's concern could be                  
 addressed by inserting language on page 2, line 23 that would                 
 specify that the case be a misdemeanor and the class of felony the            
 Youth Court would accept.  PAULA TERREL expressed concern that such           
 an amendment should not hamper the Anchorage Youth Court and the              
 tasks it is already doing.                                                    
                                                                               
 CHAIRMAN RIEGER asked if the Anchorage model would be included if             
 HB 195 passes.  PAULA TERREL said yes.                                        
                                                                               
 SENATOR LEMAN said that knowing there is some protection sets his             
 mind at ease.  He believed that having his concern on the record is           
 sufficient at this point.                                                     
                                                                               
 SENATOR SALO moved to pass CSHB 195 (FIN) out of committee with               
 individual recommendations.  Hearing no objections, it was so                 
 ordered.