Legislature(1997 - 1998)
1997-01-31 House Journal
Full Journal pdf1997-01-31 House Journal Page 0191 HB 97 HOUSE BILL NO. 97 by the House Rules Committee by request of the Governor, entitled: An Act relating to juvenile delinquency proceedings and to the disclosure and confidentiality of juvenile records and information; providing for the dual sentencing of minors who commit certain felony offenses; relating to violations of municipal ordinances by minors and to civil penalties for violation of municipal ordinances by minors; relating to an amendment to the Interstate Compact on Juveniles; amending Delinquency Rules 3, 21, and 27; 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: Fiscal notes (8), Dept. of Health & Social Services, 1/31/97 Fiscal note, Dept. of Corrections, 1/31/97 Indeterminate fiscal notes (2), Dept. of Administration, 1/31/97 Zero fiscal note, Dept. of Law, 1/31/97 Zero fiscal note, Dept. of Public Safety, 1/31/97 The Governor's transmittal letter, dated January 30, 1997, appears below: 1997-01-31 House Journal Page 0192 HB 97 Dear Speaker Phillips: Alaskans deserve safe, healthy communities where our children and families can live, work and learn without fear of violence. Yet there is a growing concern in our communities that violence among our youth is on a steady increase. We must do all we can to curb this trend and to turn our youngsters away from a life of crime. To that end, last year I appointed a group of more than 80 people of wide expertise to a Conference on Youth and Justice. Today I am pleased to introduce to the legislature four measures that stem from the recommendations of that Conference. This action package was prepared by my Childrens Cabinet after carefully studying the 500-page report of the Conference and its more than 100 recommendations. The package includes legislation in the following areas: Juvenile Delinquency Proceedings: to address how juveniles are treated within the justice system, including confidentiality rules and sentencing options. Healthy Families: a program providing education and support services to pregnant women and the families of newborn infants. The aim is to prevent child abuse and neglect because many young victims grow up to become offenders. Alcohol Offenses: a program to ensure minors who have lost their drivers licenses for alcohol-related offenses are complying with education and treatment programs before getting their licenses reinstated. Foster Care: a restructure of the states foster care review panels to expand them statewide. The attached bill relates to the juvenile delinquency proceedings and is described in further detail below. The other three bills introduced today are described in separate transmittal letters. 1997-01-31 House Journal Page 0193 HB 97 Section 5 of this juvenile delinquency proceedings bill sets out a new philosophy for the state in responding to juvenile offenders. The Conference members urged us to rewrite this section of our statutes, to promote a balanced juvenile justice system in the state to protect the community, impose accountability for violations of law, and equip juvenile offenders with the skills needed to live responsibly and productively. The bill lists 14 purposes for the chapter, which may be useful in guiding the court and parties to legal actions in the proper interpretation of the delinquency chapter. I urge the legislature to keep in mind this overall purpose when deliberating changes to our juvenile justice system. Among the provisions of this bill is one allowing communities to handle minor juvenile offenses through programs such as youth courts. This is perhaps the single most important step the state can take to get the message out that there will be consequences for all juvenile offenses. The state does not have the resources for swift and consistent action on all juvenile offenses. Communities want the tools to respond to minor offenses and this bill will help create them. This bill also opens up the confidentiality laws for certain, more serious juvenile offenders who are 16 or older. This provision is crafted with an effort to balance the traditional and well-founded need to protect a juveniles privacy so that bad youthful decisions wont haunt the child for life, with the publics right to know about serious juvenile offenders. Also included in this bill is the establishment of a dual sentencing system for the state whereby certain juveniles can be given both a juvenile and an adult sentence. This is aimed at preventing juvenile offenders from becoming serious, chronic offenders and would affect only the small percentage of juveniles in this risk category. Imposing a juvenile disposition for the offense and, at the same time, pronouncing an adult sentence, places responsibility for the juveniles future in the youths own hands. If the juvenile offender stays out of trouble and obeys all court-ordered conditions, the adult dual sentence is never imposed. If, however, the offender commits a new crime or violates any court orders, he or she faces the adult sentence, including incarceration in state prison. 1997-01-31 House Journal Page 0194 HB 97 Finally, the bill makes some minor changes clarifying that courts may order juvenile delinquents to perform community work service and authorizing municipalities to impose civil penalties against juveniles who violate municipal ordinances. This bill also enacts an amendment to the Interstate Compact on Juveniles to clarify Alaska will cooperate with the Compact in the area of returning delinquent or runaway juveniles to other states. Alaska adopted the Interstate Compact on Juveniles in 1960 but, through an apparent oversight, did not adopt this subsequent amendment to the Compact. While the Conference did not discuss this provision, it is consistent with the Conference recommendations to improve our juvenile justice system. My youth justice package of initiatives, taken as a whole, reflects a balance between dealing with current juvenile offenders and preventing future offenders. Funding for the package must also reflect this balance. In addition to helping our communities handle current offenders, we must invest money in prevention efforts. To that end, the legislative package includes fiscal notes listing about $1.8 million in expenses and more than $1 million in revenues to properly implement some of these proposals. In addition, funding for this legislative package, including other needed programs which the Conference recommended, is included in my proposed operating budget. Specifically: $300,000 in additional funds for Head Start $614,000 for the Healthy Families Program $107,000 for Partnership 2000 (community involvement in education) $250,000 for the National Guard Youth Corps program $50,000 for inhalant abuse prevention $398,000 for additional juvenile probation officers $410,000 for community grants for diversion programs I will also be addressing items related to youth crime and the juvenile justice system in my capital budget which I will present in the near future. It will include funding to expand the Johnson Youth Center in Juneau to relieve serious overcrowding in our youth facilities in Anchorage and Bethel as well as Juneau. 1997-01-31 House Journal Page 0195 HB 97 The Conference on Youth and Justice has done Alaskans a great service in its year-long effort to produce a comprehensive plan for increasing public safety and decreasing juvenile crime. As stated in the Conference report, These are important public goals . . . They will require the involvement, commitment, and cooperation of the Alaska Legislature to ensure that required statutory changes are enacted. I am asking you now for that involvement, commitment, and cooperation. Sincerely, /s/ Tony Knowles Governor