04/29/1997 03:12 PM House HES

 HB 16 - JUVENILE DELINQUENCY PROCEDURES                                       
                                                                               
 Number 1093                                                                   
                                                                               
 CHAIRMAN BUNDE announced the next item on the agenda was HB 16, "An           
 Act relating to delinquent minors, to the taking of action based on           
 the alleged criminal misconduct of certain minors, to the services            
 to be provided to the victims of criminal misconduct of minors, and           
 to agency records involving minors alleged to be delinquent based             
 on their criminal misconduct; and amending Rule 19 and repealing              
 Rules 6, 7, 11(a), 12(a), and 21(f), Alaska Delinquency Rules."  He           
 referred to the seven fiscal notes.                                           
                                                                               
 Number 1107                                                                   
                                                                               
 BRUCE CAMPBELL, Legislative Assistant for Representative Kelly,               
 referred to the fiscal notes.  He said the Department of Law is               
 estimating that approximately 20 cases might occur through the dual           
 sentencing provision.  The Alaska Court System has used that number           
 to create their fiscal note comprised of what it would cost the               
 court system to handle 20 additional cases.  The Department of                
 Corrections would be receiving children from dual sentencing.                 
 These juveniles would be coming out of youth corrections and if               
 they receive an adult sentence, they would then be forwarded to               
 adult corrections which would cause a future fiscal note.  If the             
 Department of Law has additional work, then the Office of Public              
 Advocacy and the Public Defender Agency would be involved in some             
 fashion.                                                                      
                                                                               
 REPRESENTATIVE PETE KELLY, sponsor of HB 16, stated that his first            
 reaction to the fiscal note, which predicted the number of cases,             
 was that it seemed reasonable.                                                
                                                                               
 Number 1238                                                                   
                                                                               
 REPRESENTATIVE PORTER did not have any reason to believe that the             
 estimate of cases is not reasonable, but he questioned the                    
 deduction which would result if the function occurred somewhere               
 else.  He stated that the juvenile procedure, in some instances,              
 can be just as expensive as the adult procedure.  He felt there was           
 some room for adjustment.                                                     
                                                                               
 Number 1270                                                                   
                                                                               
 CHAIRMAN BUNDE described dual sentencing.  There is a juvenile                
 sentence, with a kicker of an adult sentence if the juvenile                  
 sentence does not encourage the juvenile to behave more like a                
 juvenile instead of an adult.                                                 
                                                                               
 Number 1318                                                                   
                                                                               
 REPRESENTATIVE PORTER mentioned that HB 16 could be viewed as                 
 giving juveniles, who are in the position of making a significant             
 decision about their life, some additional impetus to make the                
 right kind of decision.  This could ultimately cut down on the                
 amount of cases seen by the Division of Family and Youth Services             
 and the Alaska Court System.  This bill creates a reality.  It says           
 that the state will allow you to be in the juvenile system, but if            
 you don't play by the rules then you will go to the adult system.             
 He has seen some success with waiving kids to adult court and he              
 felt that HB 16 would also be effective.                                      
                                                                               
 Number 1371                                                                   
                                                                               
 REPRESENTATIVE KELLY felt HB 16 was the perfect augment to the                
 juvenile waiver bill.  There will be fewer cases where trouble will           
 arise from having an artificial line drawn at a specific age.  A              
 line is drawn at the age of 13, but it is still far better than               
 just having an adult waiver without a companion bill.                         
                                                                               
 Number 1395                                                                   
                                                                               
 REPRESENTATIVE PORTER made a motion to move HB 16 with individual             
 recommendations and the attached fiscal notes.  There being no                
 objection, HB 16 was moved from the House Health, Education and               
 Social Services Standing Committee.                                           
                                                                               
 REPRESENTATIVE KELLY said he would pursue the fiscal notes in the             
 House Finance Committee.