HOUSE BILL NO. 155 An Act relating to youth courts and to the recommended use of criminal fines to fund the activities of youth courts; and relating to accounting for criminal fines. REPRESENTATIVE RALPH SAMUELS, SPONSOR, offered to answer questions of the Committee. Vice-Chair Stoltze referenced victim's rights noting that the only complaint that he has heard about the Youth Courts is that victims do not always know the dispensation of the offender. There is no insurance unless there is restitution. He asked if there was anyway around that. Representative Samuels deferred the question to Attorney Lack. JONATHON LACK, (TESTIFIED VIA TELECONFERENCE), ATTORNEY, VOLUNTEER WITH THE ANCHORAGE YOUTH COURT, ANCHORAGE, explained that because these are juvenile proceedings, they are confidential even to the victim. If the victims come to court, they find out what the sentencing is. There is no formal way to inform them that the sentence has been completed. However, if the sentence is not completed, the guilty person is referred back to the juvenile probation officer, at which point, they return to whatever the normal process is for any offender not completing the program. Vice-Chair Stoltze inquired if victims are allowed to attend the proceedings. Mr. Lack replied that they are. 1:59:51 PM Vice-Chair Stoltze understood that in the Youth Court, once guilt has been admitted to, then they proceed with sentencing. He asked if there could be action from an adversarial trial. Mr. Lack explained that the juvenile defenders are not actually able to plead guilty; they have to plead "no contest" because of the rules in State statute. In most cases that go to trial, it is an adversarial proceeding, in which the prosecution has to call witnesses, often times the victims. He added that State Statute does allow the Courts to subpoena witnesses. 2:01:35 PM ANTHONY NEWMAN, DIVISION OF JUVENILE JUSTICE, DEPARTMENT OF HEALTH & SOCIAL SERVICES, offered to answer questions of the Committee. VIRGINIA ESPENSHADE, (TESTIFIED VIA TELECONFERENCE), DIRECTOR, KENAI PENINSULA YOUTH COURT, HOMER, testified in support of the legislation. She pointed out that many times, a written apology is required to the victim. Focus on the victim's involvement is strong and often is mandated. The perception that victims are left out comes from issues of confidentiality. 2:03:30 PM LISA ALBERT-KONECKY, (TESTIFIED VIA TELECONFERENCE), PROGRAM COORDINATOR, MATSU YOUTH COURT, MATSU, testified in support of the legislation. She explained that in the Matsu area, there is a victim's justice coordinator who provides a victim impact statement. She stressed that early intervention really works. · There have been over 1100 juvenile referrals since 1996 in the Matsu Valley Youth Court with a 92% success rate over the last eight years; · $10,200 dollars in restitution payments for the victims has been received; · There have been over 15,000 work service volunteer hours. · She mentioned the educational classes offered in Matsu. 2:06:24 PM Representative Hawker MOVED to report CS HB 155 (JUD) out of Committee with individual recommendations and with the accompanying fiscal notes. There being NO OBJECTION, it was so ordered. CS HB 155 (JUD) was reported out of Committee with a "do pass" recommendation and with zero note #1 by the Department of Law and a new zero note by the Department of Health & Social Services. 2:07:55 PM