CS FOR HOUSE BILL NO. 155(JUD) "An Act relating to funding for youth courts; and relating to separately accounting for fines imposed on and collected from defendants." This was the first hearing for this bill in the Senate Finance Committee. REPRESENTATIVE RALPH SAMUELS, the bill's sponsor, read from his Sponsor Statement as follows. HB 155 simply gives the Legislature the authority to appropriate up to 25% of the fines collected by the Alaska Court System to the youth courts. It is not stipulated that they must do so. The youth courts help young offenders by intervening early to set them on the right track and work to deter them from becoming adult offenders. The Anchorage Youth Court, which was established in 1989, is the oldest of the 14 youth court programs in the State. In the first two quarters of the current fiscal year, there have been 471 youth offenders referred to these programs, 397 adjudications, 8,833 hours of community service and $7,502.00 in restitution ordered. There are 14 youth courts operating statewide: Anchorage, Delta Junction, Fairbanks, Homer, Juneau, Kake, Kenai, Ketchikan, Kodiak, Kotzebue, Mat-Su, Nome, Sitka and Wrangell. This bill simply provides an accounting mechanism through which to allow the Legislature to give the Youth Courts money. "The actions of an offender being tried in a Youth Court are judged by his or her peers. It is a lot tougher to blow smoke if you are talking to your own age group." Doug Wooliver, an attorney with the Alaska Court System, drafted Sections 3 and 4 to address some of the concerns the Court System had with their estimates and accounting of the money. 10:56:05 AM Co-Chair Green asked where the revenues collected from fines are currently deposited. 10:56:16 AM Representative Samuels clarified that the Alaska Youth Court is currently unable to receive funds. He deferred to the Mr. Wooliver with the Alaska Court System for further specifics. 10:56:26 AM Co-Chair Green, noting that this legislation would not generate additional money; it could simply divert revenue to the Youth Court, asked for further information about where the funds are currently deposited. 10:56:43 AM Representative Samuels responded that the funds are currently deposited to the General Fund. The bill would not stipulate where the Youth Court would be ranked in line for funding; it would simply implement an accounting mechanism through which money could be allocated to the Youth Court. 10:57:04 AM Co-Chair Green asked whether AS 37.05.142, as specified in language in Section 1(g) page one, line five, was a general accounting reference. (g) Fines imposed and collected under this section shall be separately accounted for under AS 37.05.142. 10:57:26 AM DOUG WOOLIVER, Administrative Attorney, Alaska Court System, informed that AS 37.05.142 is a Statute "that directs an entity to separately account for specific types of money. In this case, it would direct the Court System to specifically identity fines collected under AS 12.55.035 as opposed to revenue collected from such things as other types of fines, court costs or forfeitures. The funds would therefore be "labeled" in the General Fund. 10:58:07 AM Co-Chair Green recalled past Committee discussions and concerns in regards to fines that were collected but not provided to the harmed party. She was unsure whether this was the result of accounting procedures or a computer "glitch". She allowed that those issues might have involved different types of fines than those addressed in this legislation. Nonetheless, she asked what this legislation would change that would allow these funds to be made available for appropriation. 10:58:48 AM Mr. Wooliver stated that this legislation would not address the issue of the "disconnect" between the Alaska Court System and the Collections and Support Section of the Department of Law. This bill would specify that the fine money collected and accounted for directly by the Alaska Court System would be deposited into the general fund. That would be the dollar amount subject to this legislation. This would circumvent "the disconnect" that is occurring with the Department of Law collections division. Co-Chair Green understood therefore that this legislation would "pre-authorize" one-quarter of the fine revenue collected by the Court System to be used to fund the Youth Court. 10:59:37 AM Mr. Wooliver responded that this legislation would provide the authority through which the Legislature could do that. Co-Chair Green pointed out that the bill's provisions specify that the Legislature "'may' appropriate" those funds. 10:59:44 AM Co-Chair Green asked whether this action could occur absent this bill. 10:59:50 AM Representative Samuels expressed the understanding that the Legislature could establish a procedure through which to appropriate funds "all at one time". 11:00:06 AM Senator Stedman remarked "the operative provision here is 'may'". That word would indicate that the appropriation would not be mandatory. Continuing, he inquired as to how much 25-percent of the fines collected for the past three to five years would have amounted to. 11:00:27 AM Mr. Wooliver reported that, over the past year, the Alaska Court System collected approximately $3,500,000 in fines; this bill would allow 25 percent of that amount to be available to the Youth Courts. 11:00:50 AM Co-Chair Wilken voiced surprise at that amount, as the Department of Law fiscal note #1 indicates that $1,200,000 was collected. 25- percent of that amount would equate to approximately $324,800 being provided to the Youth Courts. 11:01:10 AM Co-Chair Wilken understood from Representative Samuels' remarks that the Legislature could appropriate funds without this legislation. This bill would simply serve to establish the mechanism for the appropriation. Continuing, he expressed that the words "up to" 25-percent should be included in Sec. 2 page one line nine, as current wording would indicate the Legislature would be limited to either appropriating zero or 25-percent of the fines. While he is a "big supporter" of the Youth Court program, the concern would be that the Youth Court program would grow as a result of a year or years with good earnings; however the program would encounter trouble were their funding to diminish in years of low earnings. Therefore, the inclusion of the words "up to" would provide the Legislature "the discretion" to fund the program "at an appropriate level depending on what they are requesting". Conceptual Amendment #1: This amendment inserts the words "up to" before the phase "25 percent" in Sec. 2 page one line nine. Co-Chair Wilken moved Conceptual Amendment #1. There being no objection, Conceptual Amendment #1 was ADOPTED. Co-Chair Green ordered the bill HELD in Committee. AT EASE 11:04:14 AM / 1:47:45 PM 1:47:48 PM