HB 16 - JUVENILE DELINQUENCY PROCEDURES Number 1093 CHAIRMAN BUNDE announced the next item on the agenda was HB 16, "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; and amending Rule 19 and repealing Rules 6, 7, 11(a), 12(a), and 21(f), Alaska Delinquency Rules." He referred to the seven fiscal notes. Number 1107 BRUCE CAMPBELL, Legislative Assistant for Representative Kelly, referred to the fiscal notes. He said the Department of Law is estimating that approximately 20 cases might occur through the dual sentencing provision. The Alaska Court System has used that number to create their fiscal note comprised of what it would cost the court system to handle 20 additional cases. The Department of Corrections would be receiving children from dual sentencing. These juveniles would be coming out of youth corrections and if they receive an adult sentence, they would then be forwarded to adult corrections which would cause a future fiscal note. If the Department of Law has additional work, then the Office of Public Advocacy and the Public Defender Agency would be involved in some fashion. REPRESENTATIVE PETE KELLY, sponsor of HB 16, stated that his first reaction to the fiscal note, which predicted the number of cases, was that it seemed reasonable. Number 1238 REPRESENTATIVE PORTER did not have any reason to believe that the estimate of cases is not reasonable, but he questioned the deduction which would result if the function occurred somewhere else. He stated that the juvenile procedure, in some instances, can be just as expensive as the adult procedure. He felt there was some room for adjustment. Number 1270 CHAIRMAN BUNDE described dual sentencing. There is a juvenile sentence, with a kicker of an adult sentence if the juvenile sentence does not encourage the juvenile to behave more like a juvenile instead of an adult. Number 1318 REPRESENTATIVE PORTER mentioned that HB 16 could be viewed as giving juveniles, who are in the position of making a significant decision about their life, some additional impetus to make the right kind of decision. This could ultimately cut down on the amount of cases seen by the Division of Family and Youth Services and the Alaska Court System. This bill creates a reality. It says that the state will allow you to be in the juvenile system, but if you don't play by the rules then you will go to the adult system. He has seen some success with waiving kids to adult court and he felt that HB 16 would also be effective. Number 1371 REPRESENTATIVE KELLY felt HB 16 was the perfect augment to the juvenile waiver bill. There will be fewer cases where trouble will arise from having an artificial line drawn at a specific age. A line is drawn at the age of 13, but it is still far better than just having an adult waiver without a companion bill. Number 1395 REPRESENTATIVE PORTER made a motion to move HB 16 with individual recommendations and the attached fiscal notes. There being no objection, HB 16 was moved from the House Health, Education and Social Services Standing Committee. REPRESENTATIVE KELLY said he would pursue the fiscal notes in the House Finance Committee.