04/15/1996 01:30 PM Senate JUD

                 HB 387 JUVENILE CODE REVISION                                
                                                                              
 BRUCE CAMPBELL, staff to Representative Kelly, sponsor of HB 387,             
 informed committee members the tabbed version of the bill shows the           
 seven new pages added to the juvenile code.                                   
                                                                               
 REPRESENTATIVE PETE KELLY, sponsor of the measure, arrived and                
 stated in spite of the length of the bill, there are only four or             
 five policy changes in the legislation.  HB 387 gives school                  
 districts statutory authority to address truancy in Title 29.                 
 Existing truancy provisions are too cumbersome for school districts           
 to enforce effectively.  The purposes section of the new                      
 delinquency code, on page 22, establishes a new chapter in statute            
 that deals specifically with delinquents and establishes a policy             
 allowing sanctions to be imposed for delinquent behavior.  On page            
 25, line 31, an existing court rule is placed in statute.  A more             
 significant change is on page 32 regarding court dispositional                
 orders and requires a court rule change.  At present, the court,              
 when considering detention for a minor, is instructed to act in the           
 best interest of the minor and the public.  A much longer list of             
 criteria has been added in HB 387 for judges to use when                      
 considering detention.  The term "least restrictive alternative"              
 was changed to allow judges to consider what may be most conducive            
 to the minor's rehabilitation and in the best interest of the                 
 public.  According to many caseworkers in the field, the "least               
 restrictive alternative" has been a detriment to providing                    
 consequences to minors in detention.  On page 35, there is a                  
 provision for the enforcement of restitution that would apply to              
 those aged 19 or older.                                                       
                                                                               
 SENATOR GREEN asked if the automatic continuation of restitution              
 would be required in every event.  REPRESENTATIVE KELLY replied the           
 restitution recipient may enforce payment of the restitution order            
 against the minor under AS 09.35.                                             
                                                                               
 REPRESENTATIVE KELLY explained the last change is the creation of             
 Chapter 14 which gives the Department of Health and Social Services           
 purview over both children in need of aid and delinquent minors.              
                                                                               
 Number 400                                                                    
                                                                               
 SENATOR ADAMS asked Representative Kelly's recommendation on the              
 proposed amendment regarding the two-year probation period.                   
 REPRESENTATIVE KELLY stated he agreed to the amendment although he            
 prefers a four-year time period to give the court system a longer             
 period of time to monitor the progress of juveniles who commit                
 offenses at younger ages.                                                     
                                                                               
 Number 421                                                                    
                                                                               
 LAURIE OTTO, Deputy Attorney General with the Criminal Division of            
 the Department of Law, thanked the sponsor for his time and                   
 patience in the complicated effort it took to split the juvenile              
 code.  The bill provides a good foundation for the recommendations            
 the Governor's Conference hopes to bring to the legislature next              
 year.  The Department of Law feels the proposed amendment dealing             
 with the probation period is important because it tracks with the             
 rest of the bill.                                                             
                                                                               
 SENATOR GREEN asked who submitted the proposed amendment.  MS. OTTO           
 answered the Department did, with the consent of Representative               
 Kelly.                                                                        
                                                                               
 DIANE WORLEY, Director of the Division of Family and Youth                    
 Services, stated support for HB 387 as the bill will help the                 
 Division prepare for future changes.                                          
                                                                               
 There being no further testimony, SENATOR GREEN announced HB 387              
 would be held until CHAIRMAN TAYLOR returned.                                 
                 HB 387 JUVENILE CODE REVISION                                
                                                                              
 SENATOR ADAMS noted amendment #1, requested by DHSS, was before the           
 committee: it decreases the probation period from four to two                 
 years.  SENATOR ADAMS moved adoption of amendment #1.  SENATOR                
 TAYLOR asked for further clarification of the amendment.                      
                                                                               
 LAURIE OTTO, Deputy Attorney General, explained the bill has been             
 changed substantially: the original four year probation period is             
 inconsistent with the current version of the bill.  The amendment             
 is technical.                                                                 
                                                                               
 CHAIRMAN TAYLOR noted there was no objection to the motion,                   
 therefore amendment #1 was adopted.                                           
                                                                               
 SENATOR MILLER moved CSSSHB 387 (JUD) as amended out of committee             
 with individual recommendations.  There being no objection, the               
 motion carried.