HB 387 - JUVENILE CODE REVISION Number 1400 REPRESENTATIVE PETE KELLY came forward to testify as sponsor to HB 387. He stated that this legislation probably seemed more complicated than it really was just due to it's length. HB 387 does not address issues of confidentiality or serious felony crimes. It does not increase penalties for entry level crimes and it no longer addresses entry level criminal activity as it did in it's original form. REPRESENTATIVE KELLY stated that what this legislation does do is it splits the juvenile code into two parts effectively and into a residual third part. One side of the code deals with how the state will handle delinquent children, how it will deal with children in need of aid and then those portions of statute which apply to both for the department's purposes. The child in need of aid statutes are currently found in AS 47.10.00 which exists much the same as it has in the past. This legislation creates a new chapter 12 which will deal with delinquent children and chapter 14 would be the portion of the statute which deals with both. REPRESENTATIVE KELLY noted that in the past one of the difficulties in addressing juvenile crime is the "child in need of aid" and juvenile delinquents were mixed in statute. It was difficult for the courts and the department to adequately carry out their goals of helping children and dealing with juvenile crime. To split the code, Representative Kelly essentially listed AS 47.10, the "child in need of aid" section and then removed all the portions which dealt with delinquency, placed it in AS 47.12 and then rewrote the delinquent section with some policy changes. There are few policy changes in this bill. REPRESENTATIVE KELLY stated that the original, cumbersome language regarding truancy was stripped from the existing code and the new language essentially provides for the local school district to deal with truancy. This legislation also has a section dealing with curfew. It does not establish a statewide curfew, but puts the ability to establish a curfew in title 29. REPRESENTATIVE KELLY offered that as part of the policy changes he referred to with splitting the code, he thought it was appropriate that new language be drafted to define what a delinquent was. This gives the department policy direction on how they will deal with delinquent crime. He referenced page 23 and 34 as encompassing these noted sections. Representative Kelly quoted text regarding the purpose of the chapter as follows: "The protection of the public and reformation of the offender. To provide for the most common offenses committed by minors, resolution should require some form of sanction, that the sanction should be certain, swift and may take the form of a reasonable claim on the time and talent of the minor who has committed the offense; To provide that counseling provided to the minor should include the minors's family or guardian, that the minor's family or guardian has the right to offer suggestions and to make recommendations for the correction of the minor's behavior and that the minor's family or guardian maybe asked to participate in the supervision of the minor's treatment." He stated that this may sound very obvious, but it is simply not in code right now how they will deal with juvenile delinquents. REPRESENTATIVE KELLY stated that current law makes very brief mention of how the courts will deal in sentencing juvenile delinquents, "it shall consider the best interests of the child and the public." This was probably appropriate language when juvenile delinquents and children in need of aid were lumped together, but having made this split it was necessary to provide language which better gives the courts direction. On page 34, line 4, he quoted this language as written in the present form of HB 387. Representative Kelly stated that this legislation was a great working tool and for the established Youth Conference. He felt as though it gave a tool to all the juvenile legislation which has been formulated in the present legislative body and a tool to accommodate these other provisions. Number 1815 L. DIANE WORLEY, Director, Division of Family & Youth Services, Department of Health & Social Services testified that the department does support this bill. For the record, she stated that they'd like to extend their appreciation to Representative Kelly and Bruce Campbell for all their hard work. The department felt as though this legislation would assist them as they move forward in the potential rewrite of the juvenile code. Number 1973 ANNE CARPENETI, Assistant Attorney General, Department of Law, testified that she just received the new committee substitute yesterday and was only able to get half-way through it. She stated that this legislation represented a lot of work. The idea of splitting Title 47 into two parts is a good idea, although it's very hard to do. Ms. Carpeneti noted that there are sections which still need to be fixed and gave the committee examples of these problems. It was determined that the majority of these were technical in nature. She offered that the more substantive changes suggested were supported by the Department of Law. CHAIRMAN PORTER asked Ms. Carpeneti if these existing concerns could be put in an amendment which could be brought to the floor, especially if they were technical in nature. He suggested she review the legislation further and if she came up with substantive problems she could work it out with the sponsor. It was decided that she would review the remaining sections of this legislation and work to make any additional changes to be presented on the floor. TAPE 96-38, SIDE B Number 087 REPRESENTATIVE BUNDE made a motion to move CSHB 387 version (W) from the House Judiciary Committee with individual recommendations and attached fiscal notes as not amended. There being no objection it was so moved.