Legislature(1995 - 1996)
1995-02-27 House JournalFull Journal pdf
1995-02-27 House Journal Page 0492 HB 202 HOUSE BILL NO. 202 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the participation and accountability of parents and guardians and the enforcement of restitution orders entered in juvenile delinquency proceedings; relating to claims on permanent fund dividends for certain court-ordered treatment in juvenile delinquency proceedings; changing Alaska Supreme Court Delinquency Rules 3(b) and 8(b); and providing for an effective date." was read the first time and referred to the Health, Education & Social Services, Judiciary and Finance Committees. The following fiscal notes apply: Zero fiscal notes (2), Dept. of Administration, 2/27/95 Zero fiscal notes (3), Dept. of Health & Social Services, 2/27/95 Zero fiscal note, Dept. of Law, 2/27/95 Zero fiscal note, Dept. of Revenue, 2/27/95 The Governor's transmittal letter, dated February 27, 1995, appears below: "Dear Speaker Phillips: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to parental participation and accountability, and the enforcement of restitution orders, in juvenile delinquency proceedings. This bill amends the statutes governing orders in delinquency proceedings to authorize the court to require that parents or guardians of juvenile offenders personally participate in treatment when appropriate, to require attendance of those persons at hearings that concern their children, and to require that parents be responsible for payment of restitution for harm caused by their children. The bill also specifies that the recipient of such a restitution order may enforce payment under the civil code, AS09.35, as if the order were a civil judgment. This bill is intended to increase the effectiveness of the juvenile justice system by increasing parental or guardian involvement and 1995-02-27 House Journal Page 0493 HB 202 responsibility. Juvenile courts currently lack authority to compel parents or guardians to engage in treatment even though the parent's or guardian's behavior may be associated with the juvenile's delinquent behavior. The bill not only requires parental or guardian participation in treatment, but also contains a provision that makes the parent or guardian responsible for covering the cost of that treatment, either through using insurance or other such resource, or paying for the treatment. Under certain circumstances, if the Department of Health and Social Services pays for the treatment, that department may claim the parent's or guardian's permanent fund dividend in reimbursement. It is intended that the provisions in this bill will be enforceable by the contempt powers of the court under AS09.50. The provision in sec. 4 of the bill, which will allow enforcement of a restitution order under the civil code, parallels a provision that already exists in AS12.55.051 of the criminal code for restitution orders entered in adult cases. This will simplify the process for collection under such a restitution order. A victim of a crime perpetrated by a juvenile will be able to seek recovery under a restitution order even after the juvenile reaches age 18 and the juvenile court typically would no longer have jurisdiction over that person. I urge your favorable action on this bill. Sincerely, /s/ Tony Knowles Governor"