03/20/1996 01:10 PM House JUD

 HB 387 - JUVENILE CODE REVISION                                             
                                                                               
 Number 1400                                                                   
                                                                               
 REPRESENTATIVE PETE KELLY came forward to testify as sponsor to HB
.  He stated that this legislation probably seemed more                    
 complicated than it really was just due to it's length.  HB 387               
 does not address issues of confidentiality or serious felony                  
 crimes.  It does not increase penalties for entry level crimes and            
 it no longer addresses entry level criminal activity as it did in             
 it's original form.                                                           
                                                                               
 REPRESENTATIVE KELLY stated that what this legislation does do is             
 it splits the juvenile code into two parts effectively and into a             
 residual third part.  One side of the code deals with how the state           
 will handle delinquent children, how it will deal with children in            
 need of aid and then those portions of statute which apply to both            
 for the department's purposes.  The child in need of aid statutes             
 are currently found in AS 47.10.00 which exists much the same as it           
 has in the past.  This legislation creates a new chapter 12 which             
 will deal with delinquent children and chapter 14 would be the                
 portion of the statute which deals with both.                                 
                                                                               
 REPRESENTATIVE KELLY noted that in the past one of the difficulties           
 in addressing juvenile crime is the "child in need of aid" and                
 juvenile delinquents were mixed in statute.  It was difficult for             
 the courts and the department to adequately carry out their goals             
 of helping children and dealing with juvenile crime.  To split the            
 code, Representative Kelly essentially listed AS 47.10, the "child            
 in need of aid" section and then removed all the portions which               
 dealt with delinquency, placed it in AS 47.12 and then rewrote the            
 delinquent section with some policy changes.  There are few policy            
 changes in this bill.                                                         
                                                                               
 REPRESENTATIVE KELLY stated that the original, cumbersome language            
 regarding truancy was stripped from the existing code and the new             
 language essentially provides for the local school district to deal           
 with truancy.  This legislation also has a section dealing with               
 curfew.  It does not establish a statewide curfew, but puts the               
 ability to establish a curfew in title 29.                                    
                                                                               
 REPRESENTATIVE KELLY offered that as part of the policy changes he            
 referred to with splitting the code, he thought it was appropriate            
 that new language be drafted to define what a delinquent was.  This           
 gives the department policy direction on how they will deal with              
 delinquent crime.  He referenced page 23 and 34 as encompassing               
 these noted sections.  Representative Kelly quoted text regarding             
 the purpose of the chapter as follows:                                        
                                                                               
 "The protection of the public and reformation of the offender.  To            
 provide for the most common offenses committed by minors,                     
 resolution should require some form of sanction, that the sanction            
 should be certain, swift and may take the form of a reasonable                
 claim on the time and talent of the minor who has committed the               
 offense;  To provide that counseling provided to the minor should             
 include the minors's family or guardian, that the minor's family or           
 guardian has the right to offer suggestions and to make                       
 recommendations for the correction of the minor's behavior and that           
 the minor's family or guardian maybe asked to participate in the              
 supervision of the minor's treatment."                                        
                                                                               
 He stated that this may sound very obvious, but it is simply not in           
 code right now how they will deal with juvenile delinquents.                  
                                                                               
 REPRESENTATIVE KELLY stated that current law makes very brief                 
 mention of how the courts will deal in sentencing juvenile                    
 delinquents, "it shall consider the best interests of the child and           
 the public."  This was probably appropriate language when juvenile            
 delinquents and children in need of aid were lumped together, but             
 having made this split it was necessary to provide language which             
 better gives the courts direction.  On page 34, line 4, he quoted             
 this language as written in the present form of HB 387.                       
 Representative Kelly stated that this legislation was a great                 
 working tool and for the established Youth Conference.  He felt as            
 though it gave a tool to all the juvenile legislation which has               
 been formulated in the present legislative body and a tool to                 
 accommodate these other provisions.                                           
                                                                               
 Number 1815                                                                   
                                                                               
 L. DIANE WORLEY, Director, Division of Family & Youth Services,               
 Department of Health & Social Services testified that the                     
 department does support this bill.  For the record, she stated that           
 they'd like to extend their appreciation to Representative Kelly              
 and Bruce Campbell for all their hard work.  The department felt as           
 though this legislation would assist them as they move forward in             
 the potential rewrite of the juvenile code.                                   
                                                                               
 Number 1973                                                                   
                                                                               
 ANNE CARPENETI, Assistant Attorney General, Department of Law,                
 testified that she just received the new committee substitute                 
 yesterday and was only able to get half-way through it.  She stated           
 that this legislation represented a lot of work.  The idea of                 
 splitting Title 47 into two parts is a good idea, although it's               
 very hard to do.  Ms. Carpeneti noted that there are sections which           
 still need to be fixed and gave the committee examples of these               
 problems.  It was determined that the majority of these were                  
 technical in nature.  She offered that the more substantive changes           
 suggested were supported by the Department of Law.                            
                                                                               
 CHAIRMAN PORTER asked Ms. Carpeneti if these existing concerns                
 could be put in an amendment which could be brought to the floor,             
 especially if they were technical in nature.  He suggested she                
 review the legislation further and if she came up with substantive            
 problems she could work it out with the sponsor.  It was decided              
 that she would review the remaining sections of this legislation              
 and work to make any additional changes to be presented on the                
 floor.                                                                        
                                                                               
 TAPE 96-38, SIDE B                                                            
 Number 087                                                                    
                                                                               
 REPRESENTATIVE BUNDE made a motion to move CSHB 387 version (W)               
 from the House Judiciary Committee with individual recommendations            
 and attached fiscal notes as not amended.  There being no objection           
 it was so moved.