Legislature(1993 - 1994)
02/23/1994 01:40 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN RIEGER introduced HB 195 (AUTHORIZING YOUTH COURTS) as the he next order of business before the committee. PAULA TERREL, Staff to Representative Sitton, gave an overview of the sponsor statement. She pointed out that this youth court program is modeled after the Anchorage program which has been successful. She stated that Representative Sitton wanted to use this legislation in order to help the kids without throwing them in jail. HB 195 establishes the authority to establish the Youth Court as a diversionary program and sets up a grant program. She noted that in the Anchorage program, participation of the community was shown to be essential to the programs success. HB 195 allows flexibility to rural and urban communities to establish programs based upon their specific needs. She noted that HB 195 allows the Youth Court to subpoena witnesses. She expressed the support of HB 195 from the Anchorage youths who have participated in the program. SENATOR SHARP asked if the subpoenas would be an added cost that is not done through the Division of Family and Youth Services (DFYS). PAULA TERREL said there would not be any extra cost for the administration of the program. This is done through FYS not the court system. CHAIRMAN RIEGER asked what page 3, line 8 means; "may secure jurisdiction over a juvenile." PAULA TERREL explained that Juvenile Intake, of the Department of Health and Social Services (DHSS), can refer a minor who has committed a misdemeanor to the jurisdiction of the Youth Court. The parents of the minor, the minor, and the Juvenile Intake officer must all approve of the minor being sent to Youth Court. She clarified that Alaska Statute 18 refers to DHSS. CHAIRMAN RIEGER asked if the authority is delegated by the statute or from the court due to this statute enabling the court to have the authority. PAULA TERREL stated that originally this was purview of the court, but now it has shifted to Juvenile Intake of DHSS. She noted the need for some clean up language in the statutes. Basically the court system is not involved at all. Number 412 SENATOR LEMAN asked what case can be referred to the Youth Court. PAULA TERREL explained that DHSS would not refer nor would the Youth Court accept severe felony cases such as murder. HB 195 would not conflict with the juvenile waiver bill. CHAIRMAN RIEGER stated that Senator Leman's concern could be addressed by inserting language on page 2, line 23 that would specify that the case be a misdemeanor and the class of felony the Youth Court would accept. PAULA TERREL expressed concern that such an amendment should not hamper the Anchorage Youth Court and the tasks it is already doing. CHAIRMAN RIEGER asked if the Anchorage model would be included if HB 195 passes. PAULA TERREL said yes. SENATOR LEMAN said that knowing there is some protection sets his mind at ease. He believed that having his concern on the record is sufficient at this point. SENATOR SALO moved to pass CSHB 195 (FIN) out of committee with individual recommendations. Hearing no objections, it was so ordered.
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