02/25/2010 01:00 PM House JUDICIARY

            HB 331 - YOUTH COURTS AND CRIMINAL FINES                                                                        
                                                                                                                                
2:44:00 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced that the  final order of business would be                                                               
HOUSE  BILL  NO. 331,  "An  Act  relating  to funding  for  youth                                                               
courts; and relating to accounting for criminal fines."                                                                         
                                                                                                                                
2:44:22 PM                                                                                                                    
                                                                                                                                
T. TERRY HARVEY, Staff, Representative  Cathy Munoz, Alaska State                                                               
Legislature,  on behalf  of  the  sponsor, Representative  Munoz,                                                               
explained that  HB 331 proposes  a funding mechanism  intended to                                                               
sustain youth courts  into the future; youth courts  have been an                                                               
important  alternative in  Alaska  for a  little  over 20  years.                                                               
There   are  12   youth  courts   operating  in   various  Alaska                                                               
communities, and  they are the  only diversion  program available                                                               
in Alaska  District Court that  enable youth to have  their cases                                                               
[adjudicated] without  it resulting  in a  criminal record.   For                                                               
many youth,  involvement with this  form of the  juvenile justice                                                               
system is  often the turning point  in their lives.   The funding                                                               
proposal  embodied  in HB  331  would  allow the  legislature  to                                                               
annually appropriate to  youth courts 25 percent  of the criminal                                                               
fines collected by  the Alaska Court System  (ACS), thus allowing                                                               
Alaska's youth court program to  sustain itself and continue into                                                               
the future.   In response  to a  question, he mentioned  that the                                                               
DHSS  has submitted  a zero  fiscal note  for HB  331 because  it                                                               
simply  proposes a  diversion of  court  fines and  no new  funds                                                               
would be coming into the system.                                                                                                
                                                                                                                                
2:48:12 PM                                                                                                                    
                                                                                                                                
MEGHAN STANGELAND,  Advocate, Juneau Youth Court,  in response to                                                               
a  question,  explained  that  as   members  of  a  youth  court,                                                               
advocates take on the roles of attorneys, judges, and bailiffs.                                                                 
                                                                                                                                
2:48:28 PM                                                                                                                    
                                                                                                                                
MADISON NOLAN,  Advocate, United  Youth Courts of  Alaska (UYCA),                                                               
in  response  to  a  question,  relayed that  both  she  and  Ms.                                                               
Stangeland are high school seniors.                                                                                             
                                                                                                                                
REPRESENTATIVE LYNN  remarked that  Ms. Stangeland and  Ms. Nolan                                                               
are performing a valuable service.                                                                                              
                                                                                                                                
MS. STANGELAND,  in response  to a  question, relayed  that she's                                                               
served  in  every  role  in   the  youth  court  except  that  of                                                               
defendant, that  she'd heard about  youth courts  through school,                                                               
and that a  teacher had recommended to her that  she get involved                                                               
in youth courts so  that she could put her skills  to work out in                                                               
the community in a real-life setting.                                                                                           
                                                                                                                                
MS. NOLAN  said she'd similarly  become involved in  youth courts                                                               
during her  freshman year  as the result  of a  recommendation by                                                               
the  then-director of  the UYCA,  and  has been  active with  the                                                               
program ever since.                                                                                                             
                                                                                                                                
MS. STANGELAND, in response to a  question, said the role a youth                                                               
serves in  is not  dependent upon  the youth's  age, though  as a                                                               
youth gains  more familiarity with  the program, he/she  could be                                                               
given more difficult roles as  he/she continues with the program.                                                               
For example,  a youth  new to  the program might  start out  as a                                                               
bailiff or  a secondary  judge and thereby  learn more  about the                                                               
process   before  going   on  to   become  a   defense  attorney,                                                               
prosecution attorney, or lead judge.                                                                                            
                                                                                                                                
MS.  NOLAN,  in  response  to a  question  regarding  recidivism,                                                               
surmised  that  the   reason  why  youth  courts   have  been  so                                                               
successful is  that they provide  each defendant with  a sentence                                                               
that  will  benefit  him/her,  and   illustrate  that  there  are                                                               
positive ways for youth to live  their lives.  She mentioned that                                                               
there have been multiple occasions  wherein students [who've gone                                                               
before the youth  court] can be seen to have  changed their views                                                               
on life and their behavior [for the better].                                                                                    
                                                                                                                                
CHAIR RAMRAS thanked Ms. Stangeland  and Ms. Nolan for their work                                                               
and contribution to Alaska.                                                                                                     
                                                                                                                                
2:55:25 PM                                                                                                                    
                                                                                                                                
DOMENICK  DAVIS, President,  Executive Council,  Bar Association,                                                               
North Star Youth  Court, relayed that the North  Star Youth Court                                                               
experiences recidivism  rates of  8 percent for  misdemeanors and                                                               
10  percent for  minor consuming/possession  crimes; these  rates                                                               
are incredibly low compared to  the recidivism rate of 23 percent                                                               
experienced by the regular court system.                                                                                        
                                                                                                                                
2:57:08 PM                                                                                                                    
                                                                                                                                
GEOFFRY B.  WILDRIDGE, Attorney at Law,  Co-Chair, Adult Members,                                                               
Board of Directors, North Star  Youth Court, said he's seen youth                                                               
courts  have a  very  positive influence  on  young people,  both                                                               
those  who've served  on the  youth court  and those  who've come                                                               
before the  youth court  as a defendant.   Through  youth courts,                                                               
people are encouraged to contribute  to the community and to help                                                               
others, and youth  courts constitute a net gain for  the State by                                                               
reducing costs to the court  system, and by providing inspiration                                                               
to  Alaska's young  people.    In conclusion,  he  said he  looks                                                               
forward to the passage of HB 331.                                                                                               
                                                                                                                                
2:58:45 PM                                                                                                                    
                                                                                                                                
GINNY ESPENSHADE,  Director, Kenai Peninsula Youth  Court (KPYC),                                                               
relayed that just  last year, Alaska's youth  courts impacted the                                                               
lives of over 3,000 young Alaskans  - both those who serve on the                                                               
youth courts  and those who have  had their cases heard  by youth                                                               
courts.    In  conclusion,  she thanked  the  committee  for  its                                                               
support [of HB 331].                                                                                                            
                                                                                                                                
CHAIR RAMRAS mentioned that the  language on page 1, lines 10-11,                                                               
that says  in part, "The  legislature may appropriate  25 percent                                                               
of the fines",  warrants some clarification, and  that that issue                                                               
would be addressed during the bill's next hearing.                                                                              
                                                                                                                                
3:00:38 PM                                                                                                                    
                                                                                                                                
MICHELLE  HEUN,  after  indicating  that  she  supports  HB  331,                                                               
relayed  that she  has had  three family  experiences with  youth                                                               
courts:   her middle child  was a  defendant in 2005;  her spouse                                                               
had previously served  with the Anchorage Youth Court  (AYC) in a                                                               
number of venues;  and another one of children now  serves on the                                                               
Mat-Su  Youth Court  (MSYC).   In conclusion,  she said  that not                                                               
having to  worry about a  continuing funding source  is necessary                                                               
for  Alaska's  youth  court  program to  continue  to  grow,  and                                                               
thanked members for their support of the bill.                                                                                  
                                                                                                                                
CHAIR  RAMRAS, after  ascertaining  that no  one  else wished  to                                                               
testify,  closed public  testimony on  HB 331,  and relayed  that                                                               
HB 331 would be held over.