Legislature(2003 - 2004)
03/18/2004 03:31 PM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 292-USE CRIMINAL FINES FOR YOUTH COURTS
CHAIR GARY STEVENS announced SB 292 to be up for consideration.
SENATOR BERT STEDMAN, sponsor of SB 292, explained that youth
courts provide a way for the state to deal with youths who are
first time misdemeanants without adversely affecting their adult
record and without impacting the adult judicial system. These
are courts that are established and run by youths and provide a
good educational tool for all participants. The recidivism rate
is considerably lower than the regular court system.
Even though youth court cases cost less than district and
superior court cases, stable funding threatens the future of the
programs. This bill provides the much-needed financial support
so that youth courts can continue to provide unique, successful
and cost effective services to the state. Finally, he noted that
there is considerable support for this legislation in the House
for Representative Ogg's companion bill.
CHAIR GARY STEVENS asked him to speak briefly to the funding
mechanism.
SENATOR STEDMAN estimated that the fiscal note is double the
actual cost, which he believes to be about $500,000. "On the
House side they've added in an additional $200,000 in the HESS
budget. They've pigeonholed some money there."
SENATOR GRETCHEN GUESS said she agrees that youth courts are
more efficient, but she wanted to know where the money goes now
and where would funds be diverted from to go to youth courts.
SENATOR STEDMAN deferred to the division director.
SENATOR GUESS asked if there was a proposed amendment.
SENATOR STEDMAN predicted that the proposal to use 25 percent of
the court-imposed fines would change and the percentage would
probably go down.
PATRICIA WARE, director of the Division of Juvenile Justice
within the Department of Health and Social Services (DHSS),
expressed strong support for youth courts. "They are a critical
component of Alaska's juvenile justice system in the state."
The amendment the division suggested for the companion House
bill calls for allocating approximately 10 percent of the court-
imposed fines for the program. Based on FY03 data from the court
system, that would yield approximately $430,000 per year.
She expanded on the sponsor's funding explanation saying that
she understood that in the House Finance subcommittee close out
a new budget component entitled "Youth Courts" is proposed in
the division budget. The Division of Youth Justice would move
existing general funds to pay for youth courts and an additional
$200,000 would be added. "So on the House side the current
total, by the time they added in some additional federal dollars
that we still have remaining, was $508,300. That was CSHB
375(FIN)."
SENATOR HOFFMAN asked how the $508,000 compared to last year.
MS. WARE replied they are paying $279,500 general fund for youth
courts this fiscal year and they have $28,800 in federal money.
"So this is basically an additional $200,000 as offered by the
House side."
SENATOR HOFFMAN questioned the information in his packet that
stated, "an increment of $200,000 added by Representative Hawker
and the HESS subcommittee will bring the youth court back up to
$508,000."
MS. WARE noted that she didn't have the documentation he was
referencing then explained that DHSS historically paid for youth
courts with federal dollars, which have become scarce. Although
she wasn't sure what was meant by "back up," she assured him
that the division made a commitment to support youth courts and
had cut other programs so that they could continue that support.
SENATOR STEDMAN stated, "that roughly adds into the top number
of total funds used in 2002 so it's trying to move the funding
amount back up to where youths courts were, for lack of a better
word, fully funded."
SENATOR GUESS asked if there was increasing demand for youth
courts.
MS. WARE assured her there is increased demand and the division
has, "pretty much done what we can do with the existing
funding."
SENATOR GUESS asked if there was demand for the amount specified
in the fiscal note.
MS. WARE contended that amount of funding wasn't necessary
because it would more than double what is currently spent on
youth courts. The $508,000 that is on the table includes an
additional $200,000, which would allow for expansion.
CHAIR GARY STEVENS judged that statement to be remarkable. He
said, "I've never heard anybody before the State Affairs ask for
less money. How wonderful."
SENATOR GUESS stated that she would like to know more about the
areas of demand so that those areas could be targeted since the
efficacy of the program is documented. She asked Ms. Ware to
provide that information at some point.
She questioned where and how the court-imposed fines are
currently allocated and what might and might not be funded in
the future.
MS. WARE confessed that she wasn't the best person to answer
that question, but she did know that the money goes into the
general fund.
SENATOR GUESS remarked that in some ways the fiscal note is zero
because the money is rerouted rather than new.
CHAIR GARY STEVENS understood how money in the adult system is
spent, but he wasn't sure whether anyone is paid in the youth-
court system.
MS. WARE stated that youth courts are a great bang for the buck
because students and attorneys donate their time. Sometimes they
have to pay rent and some of the larger youth courts pay for a
portion of the salary for an executive director or program
coordinator, but volunteers do most of the work.
Juveniles are referred to youth court from the Division of
Juvenile Justice where the initial screening and intake is done.
Whenever appropriate the cases are referred to the non-profit
agency that runs the youth court. She referred to a data sheet
and stated that, "The amount of match for what they actually get
in grants is striking. In FY04 youth courts across the state
received $270,000 with community panels and youth court matching
funds of $490,000 in cash, $370,000 in in-kind services for a
total of $1.13 million." In addition to that, youth courts also
provide many community work-service hours and restitution.
To document that the Division of Juvenile Justice relies heavily
on youth courts she pointed out that in the last fiscal year
they handled 14 percent of the referrals made to the division.
SENATOR HOFFMAN asked if she had a list of where the youth
courts are located.
MS. WARE named: Anchorage, Mat-Su, Delta Junction, Juneau,
Kenai/Homer, Kodiak, Nome, Fairbanks, Ketchikan, Valdez,
Wrangell, and Kake.
SENATOR HOFFMAN noted there is no youth court in Bethel.
MS. WARE told him the division awarded a grant for a youth court
in Bethel, but the non-profit provider that accepted the grant
didn't get the program started. This grant cycle they have been
working with the Yukon Kuskokwim Health Corporation to refinance
children's services to qualify for 100 percent federal Medicaid
so the division won't be working with Bethel this fiscal year,
but they hope to do so in the future.
SENATOR STEDMAN made a motion to amend as follows: Page 1, line
9 insert, "up to" before "25 percent".
There was no objection and the amendment was adopted.
CHAIR GARY STEVENS opened public testimony.
WHITNEY CUSHING JR. testified via teleconference from Homer in
support of SB 292. As the President of the United Youth Courts
of Alaska he asserted that, other than the Alaska Legislature,
no group has "a greater commitment to community and value of
service." They provide a valuable service across the state, are
very cost effective, and have remarkably reduced the recidivism
rate.
TAPE 04-18, SIDE B
3:20 pm
DIANE IVY-DAHLIN testified via teleconference from Wrangell. She
is the youth court coordinator in the community and requested
funding support for statewide youth court programs. "The
Wrangell Youth Court Program has become one of our communities
fastest growing youth led diversionary programs." In the last
three years, first-time-offender juvenile crime rates have
decreased by more than 30 percent and youth membership has more
than quadrupled. These programs have proven to be a success in
Alaska and nationwide. She encouraged members to ensure that
there is a youth court program in each of their communities and
"to listen to what these future leaders have to offer."
SENATOR STEDMAN thanked Ms. Ivy-Dahlin for her work and
suggested that Senator Hoffman was probably listening carefully
to the successful report from Wrangell.
ALEHANDRA CHAVARRIA testified via teleconference from Ketchikan
to say that he has been involved in the local youth court for
the last three years. He reported that the Ketchikan Youth Court
has very effectively provided restorative justice sentencing to
more than 100 youths in the community. They have provided over
8,000 hours of service to various organizations in the
community.
SENATOR STEDMAN thanked the young citizens from Ketchikan who
took time to testify.
TIMOTHY A. LOWER testified via teleconference as the interim
director of the Sitka Youth Court, a volunteer position that he
is proud to hold. He reported that, "both the victims and the
offenders who have participated in the restorative justice
activities have consistently expressed satisfaction with the
outcomes of their cases." When the program was active between
November 1999 and March 2003, no one that completed the Sitka
program re-offended. They estimate that recidivism is now up to
about 3 percent, but that is still remarkably low. Because of a
lack of stable long-term funding, the program was moved among a
variety of non-profits and is now inactive.
"SB 292 presents a hope for a different future for Alaskan youth
courts. It offers an opportunity for volunteers and staff
members of these other courts in our state to continue to pursue
community healing." He urged members to support the bill.
SENATOR STEDMAN asked how many active volunteers participated in
the Sitka Youth Court.
MR. LOWER thought they had about 12 active members at any given
time. Now they have two youths who are involved to the extent
possible since the court is inactive.
JESSE KINSLAND testified via teleconference from Mat-Su. He
stated that he has been with the program for three years and has
benefited personally. Currently he is the ethics secretary and
one of his jobs is to review defendant's surveys. He has found
that defendants are generally appreciative of the program and of
particular benefit is the fact that after successfully
completing the program the defendant has no criminal record.
There was no further public testimony.
CHAIR GARY STEVENS noted that the amended bill was before the
committee. There were no further questions or comments and he
asked for a motion.
SENATOR GUESS made a motion to move CSSB 292(STA) with attached
fiscal note. There being no objection, it was so ordered.
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