02/19/2010 01:30 PM Senate JUDICIARY

             SB 257-YOUTH COURTS AND CRIMINAL FINES                                                                         
                                                                                                                                
1:31:11 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 257.                                                                             
                                                                                                                                
SENATOR   DENNIS  EGAN,   sponsor   of  SB   257,  Alaska   State                                                               
Legislature,  explained that  SB 257  will provide  a sustainable                                                               
source  of funding  for Alaska  youth courts.  He explained  that                                                               
young people  who are  picked up  for misdemeanor  violations and                                                               
alcohol offenses  receive a  trial by  their peers.  These courts                                                               
work;  less that  10 percent  of juveniles  that go  through this                                                               
program reoffend, he  said. This saves money in the  long run and                                                               
is  beneficial   to  young  people  because   they  receive  real                                                               
attention  and real  consequences when  they might  otherwise not                                                               
get a hard  look. He noted that highly  trained youth corrections                                                               
resources are available  for hard cases. Another  benefit is that                                                               
youth volunteers receive training in  the basics of criminal law,                                                               
research,  writing, and  public speaking.  He highlighted  that a                                                               
portion of  the funding  comes from  criminal fines,  which makes                                                               
sense.                                                                                                                          
                                                                                                                                
JESSE  KIEHL,   staff  to  Senator  Dennis   Egan,  Alaska  State                                                               
Legislature  noted that  the  sponsor  statement understates  the                                                               
recidivism rate for youth court  participants. It is 10.6 percent                                                               
statewide.                                                                                                                      
                                                                                                                                
1:34:04 PM                                                                                                                    
SENATOR WIELECHOWSKI joined the committee.                                                                                      
                                                                                                                                
SENATOR  COGHILL asked  if youth  court  fines are  limited to  a                                                               
certain level.                                                                                                                  
                                                                                                                                
MR. KIEHL explained that youth  courts don't levy fines, but they                                                               
can assess restitution  for offenses. The fines  addressed in the                                                               
bill are those that are  assessed by judges against defendants in                                                               
the traditional justice system.                                                                                                 
                                                                                                                                
CHAIR FRENCH asked Mr. Kiehl  to remind the committee about where                                                               
the fines  will come  from, who  will assess  the fines,  and how                                                               
much might be collected.                                                                                                        
                                                                                                                                
MR.  KIEHL said  that  Alaska Court  System  judges assess  fines                                                               
against criminal  defendants and the court  system estimates that                                                               
the total fines it collects  each year amount to approximately $5                                                               
million  statewide.  SB  257 would  empower  the  Legislature  to                                                               
account for  the fines with  a designation and appropriate  up to                                                               
[25  percent] for  youth courts.  Mr. Kiehl  noted that  he looks                                                               
forward to  determining how much  is actually needed as  the bill                                                               
moves through the committee process.                                                                                            
                                                                                                                                
1:36:55 PM                                                                                                                    
SETH  RICKY,  Advocate, Juneau  Youth  Court,  said he's  been  a                                                               
participant in the  court program since last  year. He attributes                                                               
the program  to helping  him become a  better public  speaker and                                                               
feels it  has prepared  him to  pursue a  career path  within the                                                               
American justice system. It's also  been a valuable experience to                                                               
see the  change students  undergo when  they've gone  through the                                                               
system.  I truly  believe that  youth court  gives kids  a second                                                               
chance  after  they've  made  a   bad  decision,  he  said.  Peer                                                               
administered  justice is  similar  to  receiving counseling.  The                                                               
program  shows what  teenagers are  capable of  doing, Mr.  Ricky                                                               
concluded.                                                                                                                      
                                                                                                                                
CHAIR FRENCH asked if he intends to continue with the program.                                                                  
                                                                                                                                
MR. RICKY said yes.                                                                                                             
                                                                                                                                
1:39:26 PM                                                                                                                    
MEGAN  STANGELAND, Advocate,  Juneau Youth  Court, described  the                                                               
youth  court program  as important,  strong,  and effective.  The                                                               
basis is  peers helping peers navigate  difficult situations. She                                                               
agreed with  Mr. Ricky  about the  importance of  having students                                                               
look  to other  students as  advocates who  have taken  different                                                               
paths and  made better decisions.  She related that  youth courts                                                               
are  sentencing  hearings  rather  than  trial  hearings  so  the                                                               
advocates are  able to personalize  the sentencing to focus  on a                                                               
youth's interests and strengths to  the benefit of the community.                                                               
It's a  way of giving back  to the community that  also helps the                                                               
youth, she concluded.                                                                                                           
                                                                                                                                
CHAIR FRENCH asked which roles she's taken in youth court.                                                                      
                                                                                                                                
MR. STANGELAND replied she's taken  about all the roles including                                                               
the  bailiff,  the  judge,  the  prosecuting  attorney,  and  the                                                               
defense attorney.                                                                                                               
                                                                                                                                
SENATOR  COGHILL asked  what instruction  advocates receive  with                                                               
regard to sentencing.                                                                                                           
                                                                                                                                
MS. STANGLAND explained that advocates  listen to the defendant's                                                               
side of the story and to what  the defense says about him or her.                                                               
After that  the defendant is queried  about what he or  she likes                                                               
to  do  and how  this  could  give  back  to the  community.  The                                                               
advocates then convene  and try to give  the defendant meaningful                                                               
and relevant community  service hours or a  creative project that                                                               
will help them reflect and make better decisions in the future.                                                                 
                                                                                                                                
SENATOR COGHILL commented  that it sounds like  the defendant has                                                               
significant input.                                                                                                              
                                                                                                                                
MS.  STANGLAND   replied  advocates   want  their  peers   to  be                                                               
successful  and  to  complete   their  community  service  hours;                                                               
assessing meaningless community service hours benefits no one.                                                                  
                                                                                                                                
GINNY ESPENSHADE  said she is  substituting for Sharon  Leon, the                                                               
Executive Director of the Anchorage  Youth Court and is available                                                               
to answer questions.                                                                                                          
                                                                                                                                
1:43:23 PM                                                                                                                    
CHAIR  FRENCH  closed  public  testimony   and  held  SB  257  in                                                               
committee.