1995-02-27                     House Journal                      Page 0492
HB 202                                                                       
HOUSE BILL NO. 202 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to the participation and accountability of parents           
and guardians and the enforcement of restitution orders entered in             
juvenile delinquency proceedings; relating to claims on permanent              
fund dividends for certain court-ordered treatment in juvenile                 
delinquency proceedings; changing Alaska Supreme Court                         
Delinquency Rules 3(b) and 8(b); and providing for an effective                
date."                                                                         
                                                                               
was read the first time and referred to the Health, Education & Social         
Services, Judiciary and Finance Committees.                                    
                                                                               
The following fiscal notes apply:                                              
                                                                               
Zero fiscal notes (2), Dept. of Administration, 2/27/95                        
Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95              
Zero fiscal note, Dept. of Law, 2/27/95                                        
Zero fiscal note, Dept. of Revenue, 2/27/95                                    
                                                                               
The Governor's transmittal letter, dated February 27, 1995, appears            
below:                                                                         
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill relating to parental participation and accountability,     
and the enforcement of restitution orders, in juvenile delinquency             
proceedings.  This bill amends the statutes governing orders in                
delinquency proceedings to authorize the court to require that parents         
or guardians of juvenile offenders personally participate in  treatment        
when appropriate, to require attendance of those persons at hearings           
that concern their children, and to require that parents be responsible        
for payment of restitution for harm caused by their children.  The bill        
also specifies that the recipient of such a restitution order may enforce      
payment under the civil code, AS09.35, as if the order were a civil            
judgment.                                                                      
                                                                               
This bill is intended to increase the effectiveness of the juvenile justice    
system by increasing parental or guardian involvement and                      

1995-02-27                     House Journal                      Page 0493
HB 202                                                                       
responsibility.  Juvenile courts currently lack authority to compel            
parents or guardians to engage in treatment even though the parent's           
or guardian's behavior may be associated with the juvenile's                   
delinquent behavior.  The bill not only requires parental or guardian          
participation in treatment, but also contains a provision that makes the       
parent or guardian responsible for covering the cost of that treatment,        
either through using insurance or other such resource, or paying for the       
treatment.  Under certain circumstances, if the Department of Health           
and Social Services pays for the treatment, that department may claim          
the parent's or guardian's permanent fund dividend in reimbursement.           
It is intended that the provisions in this bill will be enforceable by the     
contempt powers of the court under AS09.50.                                    
                                                                               
The provision in sec. 4 of the bill, which will allow enforcement of a         
restitution order under the civil code, parallels a provision that already     
exists in AS12.55.051 of the criminal code for restitution orders              
entered in adult cases.  This will simplify the process for collection         
under such a restitution order.  A victim of a crime perpetrated by a          
juvenile will be able to seek recovery under a restitution order even          
after the juvenile reaches age 18 and the juvenile court typically would       
no longer have jurisdiction over that person.                                  
                                                                               
I urge your favorable action on this bill.                                     
                                                                               
									Sincerely,                                                            
									/s/                                                                   
									Tony Knowles                                                          
									Governor"