HB 387 JUVENILE CODE REVISION  BRUCE CAMPBELL, staff to Representative Kelly, sponsor of HB 387, informed committee members the tabbed version of the bill shows the seven new pages added to the juvenile code. REPRESENTATIVE PETE KELLY, sponsor of the measure, arrived and stated in spite of the length of the bill, there are only four or five policy changes in the legislation. HB 387 gives school districts statutory authority to address truancy in Title 29. Existing truancy provisions are too cumbersome for school districts to enforce effectively. The purposes section of the new delinquency code, on page 22, establishes a new chapter in statute that deals specifically with delinquents and establishes a policy allowing sanctions to be imposed for delinquent behavior. On page 25, line 31, an existing court rule is placed in statute. A more significant change is on page 32 regarding court dispositional orders and requires a court rule change. At present, the court, when considering detention for a minor, is instructed to act in the best interest of the minor and the public. A much longer list of criteria has been added in HB 387 for judges to use when considering detention. The term "least restrictive alternative" was changed to allow judges to consider what may be most conducive to the minor's rehabilitation and in the best interest of the public. According to many caseworkers in the field, the "least restrictive alternative" has been a detriment to providing consequences to minors in detention. On page 35, there is a provision for the enforcement of restitution that would apply to those aged 19 or older. SENATOR GREEN asked if the automatic continuation of restitution would be required in every event. REPRESENTATIVE KELLY replied the restitution recipient may enforce payment of the restitution order against the minor under AS 09.35. REPRESENTATIVE KELLY explained the last change is the creation of Chapter 14 which gives the Department of Health and Social Services purview over both children in need of aid and delinquent minors. Number 400 SENATOR ADAMS asked Representative Kelly's recommendation on the proposed amendment regarding the two-year probation period. REPRESENTATIVE KELLY stated he agreed to the amendment although he prefers a four-year time period to give the court system a longer period of time to monitor the progress of juveniles who commit offenses at younger ages. Number 421 LAURIE OTTO, Deputy Attorney General with the Criminal Division of the Department of Law, thanked the sponsor for his time and patience in the complicated effort it took to split the juvenile code. The bill provides a good foundation for the recommendations the Governor's Conference hopes to bring to the legislature next year. The Department of Law feels the proposed amendment dealing with the probation period is important because it tracks with the rest of the bill. SENATOR GREEN asked who submitted the proposed amendment. MS. OTTO answered the Department did, with the consent of Representative Kelly. DIANE WORLEY, Director of the Division of Family and Youth Services, stated support for HB 387 as the bill will help the Division prepare for future changes. There being no further testimony, SENATOR GREEN announced HB 387 would be held until CHAIRMAN TAYLOR returned. HB 387 JUVENILE CODE REVISION  SENATOR ADAMS noted amendment #1, requested by DHSS, was before the committee: it decreases the probation period from four to two years. SENATOR ADAMS moved adoption of amendment #1. SENATOR TAYLOR asked for further clarification of the amendment. LAURIE OTTO, Deputy Attorney General, explained the bill has been changed substantially: the original four year probation period is inconsistent with the current version of the bill. The amendment is technical. CHAIRMAN TAYLOR noted there was no objection to the motion, therefore amendment #1 was adopted. SENATOR MILLER moved CSSSHB 387 (JUD) as amended out of committee with individual recommendations. There being no objection, the motion carried.