HB 28 - SURCHARGE ON FINES; YOUTH COURTS CHAIRMAN KOTT announced the next order of business is HB 28, "An Act imposing a surcharge on fines imposed for misdemeanors, infractions, and violations and authorizing disposition of estimated receipts from that surcharge; and creating the juvenile justice grant fund in order to provide financial assistance for the operation of youth courts." Number 1699 KATE AMPHAY, Intern, for Representative Eric Croft, Alaska State Legislature, came before the committee to present the sponsor statement. The bill is about a stable funding source for the youth courts throughout the state. It creates a juvenile justice grant fund which would provide $80,000 in matching grants to communities who would like to set up a youth court. The youth courts are worthwhile programs because they save $30,000 per defendant. An average of $9,000 is paid annually to the youth courts to compensate the victims of juvenile crimes. It's an effective way to deal with juvenile crime in communities. The youths who have committed crimes learn that if they had gone to an actual court the crime would become part of a record. Youth court gives them a second chance. In addition, those who participate in youth court as judges and attorneys have gone through a rigorous course taught by actual attorneys who volunteer their time. The Anchorage Youth Court handles about 500 cases per year. Of those 500 cases, there is a very low rate of recidivism - 11 percent. That means 89 percent of the completed cases are done successfully. She believes, that the participants in youth court learn certain skills that are valuable throughout their lives. She cited clear logical thinking as an example. Some who participate as a defendant decide to join the court and straighten out. That aside, it's one thing to say that the youth court is a successful program, but every successful program has room for growth to be even more successful. This committee is considering HB 151, which would give the youth courts the opportunity to hear alcohol-related cases. The point is, in order for this program to grow and take on more responsibilities, it needs to be supported. She reiterated the grant would provide a stable source of funding. She noted that there is some concern about whether or not the funds would infringe on the police training program. That is not the goal. The sponsor doesn't want to infringe upon those funds and is willing to work to ensure that the bill becomes an applicable piece of legislation. Number 2015 REPRESENTATIVE GREEN asked Ms. Amphay to clarify the 89 percent figure. MS. AMPHAY stated that 89 percent of the cases that are completed by youth courts are successful. The recidivism rate is 11 percent. The figures are based on a three-year span. She also noted that the youth courts model their system after the actual court system. Number 2065 CHAIRMAN KOTT pointed out that nine out of ten youths do not re-offend, according to the sponsor statement. The youth courts do not let anybody off on a technicality. Number 2078 MS. AMPHAY further noted that those who go through the youth courts participate in community service as part of their punishment, earn back the $50 that is charged to hear their case, and write letters-of-understanding to the victim(s). Number 2126 LINDA JOHNSON, Legal Advisor, Anchorage Youth Court (AYC), testified via teleconference from Anchorage. The money that the bill would create is needed by all the youth courts around the state. The AYC, currently, receives about $22,300 from the federal government in grants. However, the grant cannot be applied for next year because it has run its course. The AYC has been receiving about $110,000 from the municipality mostly as revenue sharing monies, which is in jeopardy. Today, without taking on new alcohol cases and without expanding staff - and it is understaffed - the AYC needs about $250,000 per year to run its program. She noted that the youth court in Kodiak would take more cases if it had more money. All the youth courts around the state are always scrambling to support themselves. Anchorage Youth Court has never asked for money from the state, and the state has never given any money. She noted that the intervention and education that the youth courts provide helps prevent re-offenders and takes a load off of the court system and probation officers. In effect, it tries to lessen the burden on the state. Number 2290 WENDY LEACH, Executive Director, North Star Youth Court, testified via teleconference from Fairbanks. The youth court in Fairbanks had an 8 percent recidivism rate for the first year and a half of its operation. That means 92 percent of the offenders did not come back through the program. All of the youth courts are always scrambling for funding. As a new program, the North Star Youth court started off in a small cabin. It continues to write grants for funding. A permanent source of funding is crucial to the continuing operation for all of the youth courts. Most of them are operating as nonprofit organizations and address prevention needs and early intervention. A permanent source of funding would not only secure the continued operation of the youth courts, but also work to establish additional ones. She cited Delta Junction is interested in starting a youth court. In addition, there is no way that the North Star Youth Court would be able to take on the consuming cases addressed in another House bill [HB 151], without additional funding. The youth who participate in the program go through an inordinate amount of hours of training, and the offenders who come through the program also serve as jurors, provide community work service hours, and provide a restoration to the victim(s). It is important to note that, in the absence of the North Star Youth Court, the youth who are being arrested at the misdemeanor level are at the most receiving a 30 to 45 minute conference with a juvenile probation officer, which is not adequate to meet the needs of these youths. When the youth court sees them... TAPE 99-37, SIDE B Number 0001 MS. LEACH continued. In Fairbanks, the youth court is handling a number of domestic violence cases. These are youth who have committed crimes against their mothers or grandmothers within their homes. She could go on about how it is important to offer a permanent source of funding for the continued operation and further establishment of youth courts throughout the state, but she would also like to let others testify. Number 0040 LISA MAKAR, Program Coordinator, Mat-Su Youth Court, testified via teleconference from Mat-Su. She wanted to plug all the adult attorneys who help the program and the public defender's office in the valley, which has almost single-handedly organized the volunteers. They work really hard and even on their weekends. It is so important to address the youth-in-trouble in the very beginning and to work on prevention and intervention. She worked at McLaughlin Youth Center for over ten years. She has seen both sides of the story. She knows that the first time a youth is arrested is a very important time. She asked the committee members to consider supporting the bill. Number 0097 MATT NEIL testified via teleconference from Anchorage. He noted that the 98-percent figure is accurate. He does the statistics for the youth courts and works with the Volunteers of America's youth restitution program. Over a three-year time frame, the youth courts have given over 25,000 hours to local nonprofit programs, and have paid over $23,000 directly to victims as restitution. It has been very successful. In addition, he noted that the Office of Juvenile Justice and Delinquency Prevention [U.S. Department of Justice] has indicated the importance of the immediate consequence and social response to an action. He strongly encouraged the committee members to support the bill. Number 0167 BILL EDWARDS testified via teleconference from Anchorage. He is a judge with the youth court program. It is the best program that he has been a part of in the city. It has taught him indelible lessons. It has given him many skills, which is a purpose of the youth courts as well. The recidivism rate speaks to the effect of the program, but in talking to the offenders, it really has had an effect on them. They care about what has been told to them. Number 0235 BLAIR McCUNE, Deputy Director, Central Office, Public Defender Agency, Department of Administration, waived his time to others wanting to testify. Number 0246 LADDIE SHAW, Executive Director, Alaska Police Standards Council, Department of Public Safety, testified via teleconference from Anchorage. He noted that the surcharge, in the current bill, is $25. CHAIRMAN KOTT stated that is correct. There is an amendment reducing it to $10. Number 0270 MR. SHAW explained his concern. The council has a surcharge of $50 for misdemeanor offenses when an incarceration may be imposed, and a surcharge of $10 for all other offenses and infractions. He is concerned that a $25 surcharge may do some harm to the collections of the council. CHAIRMAN KOTT said that is one of the reasons for the amendment. Number 0296 STUART BANNAN, Vice-President, Anchorage Youth Court Bar Association, testified via teleconference from Anchorage. He is also a judge. The youth courts are effective because they treat the offenders as people. They receive two defense attorneys and two prosecutors to represent the state. Even though they are criminals, they are people that can be rehabilitated. Number 0370 RANDALL PATTERSON, Vice President, Anchorage Youth Court Board of Directors, testified via teleconference from Anchorage. He is a former public defender and currently practices criminal defense cases. The criminal defense lawyer in him doesn't like the idea of having a client pay additional money at the end of a case. Often times, they don't have the money to pay and it becomes an additional burden. However, this particular surcharge is something that is needed for the reasons outlined earlier by Ms. Johnson. The Anchorage Youth Court is in danger of losing about one-half of its budget, so it's important to point out that the youth courts around the state provide a service that would have to be provided - or should be provided - by the state if the courts were not here. If they weren't here, that service would be provided by the Department of Health and Social Services and the court system. The youth courts save the state a lot of money and, therefore, the surcharge is a good idea. He asked the committee members to pass the bill out of the committee. Number 0485 ROBERT BUTTCANE, Juvenile Probation Officer, Youth Corrections, Division of Family and Youth Services, Department of Health and Social Services, came before the committee to testify. The department supports the bill and encourages the legislature to find any steady stream of funding for a very viable resource. Number 0516 CHAIRMAN KOTT closed the meeting to public testimony. Number 0528 REPRESENTATIVE CROFT made a motion to move Amendment 1 [1-LS0212\A.1, Luckhaupt, 2/22/99]. There being no objection, it was so adopted. It reads as follows: Page 2, line 24: Delete "$25" Insert "$10" Number 0548 REPRESENTATIVE GREEN made a motion to move HB 28, as amended, from the committee with individual recommendations and the attached fiscal note(s). There being no objection, CSHB 28(JUD) was so moved from the House Judiciary Standing Committee.