Legislature(1999 - 2000)
04/21/1999 01:10 PM House JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 28 - SURCHARGE ON FINES; YOUTH COURTS
CHAIRMAN KOTT announced the next order of business is HB 28, "An
Act imposing a surcharge on fines imposed for misdemeanors,
infractions, and violations and authorizing disposition of
estimated receipts from that surcharge; and creating the juvenile
justice grant fund in order to provide financial assistance for the
operation of youth courts."
Number 1699
KATE AMPHAY, Intern, for Representative Eric Croft, Alaska State
Legislature, came before the committee to present the sponsor
statement. The bill is about a stable funding source for the youth
courts throughout the state. It creates a juvenile justice grant
fund which would provide $80,000 in matching grants to communities
who would like to set up a youth court. The youth courts are
worthwhile programs because they save $30,000 per defendant. An
average of $9,000 is paid annually to the youth courts to
compensate the victims of juvenile crimes. It's an effective way
to deal with juvenile crime in communities. The youths who have
committed crimes learn that if they had gone to an actual court the
crime would become part of a record. Youth court gives them a
second chance. In addition, those who participate in youth court
as judges and attorneys have gone through a rigorous course taught
by actual attorneys who volunteer their time. The Anchorage Youth
Court handles about 500 cases per year. Of those 500 cases, there
is a very low rate of recidivism - 11 percent. That means 89
percent of the completed cases are done successfully. She
believes, that the participants in youth court learn certain skills
that are valuable throughout their lives. She cited clear logical
thinking as an example. Some who participate as a defendant decide
to join the court and straighten out. That aside, it's one thing
to say that the youth court is a successful program, but every
successful program has room for growth to be even more successful.
This committee is considering HB 151, which would give the youth
courts the opportunity to hear alcohol-related cases. The point
is, in order for this program to grow and take on more
responsibilities, it needs to be supported. She reiterated the
grant would provide a stable source of funding. She noted that
there is some concern about whether or not the funds would infringe
on the police training program. That is not the goal. The sponsor
doesn't want to infringe upon those funds and is willing to work to
ensure that the bill becomes an applicable piece of legislation.
Number 2015
REPRESENTATIVE GREEN asked Ms. Amphay to clarify the 89 percent
figure.
MS. AMPHAY stated that 89 percent of the cases that are completed
by youth courts are successful. The recidivism rate is 11 percent.
The figures are based on a three-year span. She also noted that
the youth courts model their system after the actual court system.
Number 2065
CHAIRMAN KOTT pointed out that nine out of ten youths do not
re-offend, according to the sponsor statement. The youth courts do
not let anybody off on a technicality.
Number 2078
MS. AMPHAY further noted that those who go through the youth courts
participate in community service as part of their punishment, earn
back the $50 that is charged to hear their case, and write
letters-of-understanding to the victim(s).
Number 2126
LINDA JOHNSON, Legal Advisor, Anchorage Youth Court (AYC),
testified via teleconference from Anchorage. The money that the
bill would create is needed by all the youth courts around the
state. The AYC, currently, receives about $22,300 from the federal
government in grants. However, the grant cannot be applied for
next year because it has run its course. The AYC has been
receiving about $110,000 from the municipality mostly as revenue
sharing monies, which is in jeopardy. Today, without taking on new
alcohol cases and without expanding staff - and it is understaffed
- the AYC needs about $250,000 per year to run its program. She
noted that the youth court in Kodiak would take more cases if it
had more money. All the youth courts around the state are always
scrambling to support themselves. Anchorage Youth Court has never
asked for money from the state, and the state has never given any
money. She noted that the intervention and education that the
youth courts provide helps prevent re-offenders and takes a load
off of the court system and probation officers. In effect, it
tries to lessen the burden on the state.
Number 2290
WENDY LEACH, Executive Director, North Star Youth Court, testified
via teleconference from Fairbanks. The youth court in Fairbanks
had an 8 percent recidivism rate for the first year and a half of
its operation. That means 92 percent of the offenders did not come
back through the program. All of the youth courts are always
scrambling for funding. As a new program, the North Star Youth
court started off in a small cabin. It continues to write grants
for funding. A permanent source of funding is crucial to the
continuing operation for all of the youth courts. Most of them are
operating as nonprofit organizations and address prevention needs
and early intervention. A permanent source of funding would not
only secure the continued operation of the youth courts, but also
work to establish additional ones. She cited Delta Junction is
interested in starting a youth court. In addition, there is no way
that the North Star Youth Court would be able to take on the
consuming cases addressed in another House bill [HB 151], without
additional funding. The youth who participate in the program go
through an inordinate amount of hours of training, and the
offenders who come through the program also serve as jurors,
provide community work service hours, and provide a restoration to
the victim(s). It is important to note that, in the absence of the
North Star Youth Court, the youth who are being arrested at the
misdemeanor level are at the most receiving a 30 to 45 minute
conference with a juvenile probation officer, which is not adequate
to meet the needs of these youths. When the youth court sees
them...
TAPE 99-37, SIDE B
Number 0001
MS. LEACH continued. In Fairbanks, the youth court is handling a
number of domestic violence cases. These are youth who have
committed crimes against their mothers or grandmothers within their
homes. She could go on about how it is important to offer a
permanent source of funding for the continued operation and further
establishment of youth courts throughout the state, but she would
also like to let others testify.
Number 0040
LISA MAKAR, Program Coordinator, Mat-Su Youth Court, testified via
teleconference from Mat-Su. She wanted to plug all the adult
attorneys who help the program and the public defender's office in
the valley, which has almost single-handedly organized the
volunteers. They work really hard and even on their weekends. It
is so important to address the youth-in-trouble in the very
beginning and to work on prevention and intervention. She worked
at McLaughlin Youth Center for over ten years. She has seen both
sides of the story. She knows that the first time a youth is
arrested is a very important time. She asked the committee members
to consider supporting the bill.
Number 0097
MATT NEIL testified via teleconference from Anchorage. He noted
that the 98-percent figure is accurate. He does the statistics for
the youth courts and works with the Volunteers of America's youth
restitution program. Over a three-year time frame, the youth
courts have given over 25,000 hours to local nonprofit programs,
and have paid over $23,000 directly to victims as restitution. It
has been very successful. In addition, he noted that the Office of
Juvenile Justice and Delinquency Prevention [U.S. Department of
Justice] has indicated the importance of the immediate consequence
and social response to an action. He strongly encouraged the
committee members to support the bill.
Number 0167
BILL EDWARDS testified via teleconference from Anchorage. He is a
judge with the youth court program. It is the best program that he
has been a part of in the city. It has taught him indelible
lessons. It has given him many skills, which is a purpose of the
youth courts as well. The recidivism rate speaks to the effect of
the program, but in talking to the offenders, it really has had an
effect on them. They care about what has been told to them.
Number 0235
BLAIR McCUNE, Deputy Director, Central Office, Public Defender
Agency, Department of Administration, waived his time to others
wanting to testify.
Number 0246
LADDIE SHAW, Executive Director, Alaska Police Standards Council,
Department of Public Safety, testified via teleconference from
Anchorage. He noted that the surcharge, in the current bill, is
$25.
CHAIRMAN KOTT stated that is correct. There is an amendment
reducing it to $10.
Number 0270
MR. SHAW explained his concern. The council has a surcharge of $50
for misdemeanor offenses when an incarceration may be imposed, and
a surcharge of $10 for all other offenses and infractions. He is
concerned that a $25 surcharge may do some harm to the collections
of the council.
CHAIRMAN KOTT said that is one of the reasons for the amendment.
Number 0296
STUART BANNAN, Vice-President, Anchorage Youth Court Bar
Association, testified via teleconference from Anchorage. He is
also a judge. The youth courts are effective because they treat
the offenders as people. They receive two defense attorneys and
two prosecutors to represent the state. Even though they are
criminals, they are people that can be rehabilitated.
Number 0370
RANDALL PATTERSON, Vice President, Anchorage Youth Court Board of
Directors, testified via teleconference from Anchorage. He is a
former public defender and currently practices criminal defense
cases. The criminal defense lawyer in him doesn't like the idea of
having a client pay additional money at the end of a case. Often
times, they don't have the money to pay and it becomes an
additional burden. However, this particular surcharge is something
that is needed for the reasons outlined earlier by Ms. Johnson.
The Anchorage Youth Court is in danger of losing about one-half of
its budget, so it's important to point out that the youth courts
around the state provide a service that would have to be provided
- or should be provided - by the state if the courts were not here.
If they weren't here, that service would be provided by the
Department of Health and Social Services and the court system. The
youth courts save the state a lot of money and, therefore, the
surcharge is a good idea. He asked the committee members to pass
the bill out of the committee.
Number 0485
ROBERT BUTTCANE, Juvenile Probation Officer, Youth Corrections,
Division of Family and Youth Services, Department of Health and
Social Services, came before the committee to testify. The
department supports the bill and encourages the legislature to find
any steady stream of funding for a very viable resource.
Number 0516
CHAIRMAN KOTT closed the meeting to public testimony.
Number 0528
REPRESENTATIVE CROFT made a motion to move Amendment 1
[1-LS0212\A.1, Luckhaupt, 2/22/99]. There being no objection, it
was so adopted. It reads as follows:
Page 2, line 24:
Delete "$25"
Insert "$10"
Number 0548
REPRESENTATIVE GREEN made a motion to move HB 28, as amended, from
the committee with individual recommendations and the attached
fiscal note(s). There being no objection, CSHB 28(JUD) was so
moved from the House Judiciary Standing Committee.
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