2005-01-05 Senators Guess & Dyson Move to Hold Minors Who Vandalize Accountable
Eastside Pulse piece

http://www.akdemocrats.org/Documents/010505_opinion_sen_guess_dyson.pdf

Additional information: Guess

Whether it is a school play yard, a church parking lot, or a person's home, current Alaska law only allows limited restitution ($15,000 and in some cases $25,000) if a minor vandalizes. Additionally, current law holds parents accountable for this restitution not the minor who made the choice to vandalize.

We believe this law sends the wrong message to our young people and to our neighborhoods. Everyone (young people included) should be held accountable for their actions. This belief in accountability led us to propose changing the law.

Our bill, Senate Bill 10, would remove the cap, allowing full restitution for any vandalism performed by a minor. Additionally, it would allow the courts to recover damages from the minor along with the parents. As a result, for example, the court could take away a minor's permanent fund dividend check.

In the past, the legislature has not removed the cap because of a concern of bankrupting families. SB 10 has two provisions responding to this concern while still ensuring full accountability. First, SB 10 requires the courts to develop a payment plan based on financial resources. We know a family with $10,000 in assets is different from a family with $1 million in assets. Under SB 10, both families will be held accountable for the damages but may have different payment schedules.

Second, SB 10 holds the minor solely responsible for the remaining restitution when he/she turns 18, and again the courts are required to create a reasonable payment plan based on financial ability. For example, a 16 year old does $50,000 worth of damage to a school play yard. The court may determine the parents must pay $5,000 a year for two years. When the minor turns 18, he/she will be responsible for the remaining $40,000 with the court deciding he/she could must $2,000 a year. In the end, the restitution will be paid in full.

It is our hope holding minors who vandalize fully accountable for their action may make them think twice before vandalizing. If it does not, they (not the taxpayers or the homeowner) will be accountable the restitution.

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