03/11/1996 01:30 PM Senate JUD

           SB 267 MINOR DELINQUENCY HEARINGS PUBLIC                           
                                                                              
 SENATOR DRUE PEARCE, sponsor of SB 267, stated the bill is part of            
 the Municipality of Anchorage's crime package and was introduced at           
 MOA's request.  SB 267 provides that hearings dealing with juvenile           
 crime offenders be generally open to the public but subject to                
 closure, sealing, and expungement after rehabilitation.  MOA seeks            
 to change the current presumption that juvenile criminal records              
 and hearings should be kept confidential and closed.  Confidential            
 records and closure of hearings is disfavored, as public access               
 will further the important goals of: system accountability; the               
 assurance of truthful testimony; public education and awareness,              
 particularly among the young, whose belief in their invincibility             
 is fostered by ignorance of the consequences; protection of                   
 victims' rights; and subsequent accountability for repeat                     
 offenders.  These goals can better be met in a system that presumes           
 that open records be the norm rather than the exception.                      
 Individuals who commit foolish mistakes, or are rehabilitated, will           
 be suitably protected by allowing after-the-fact sealing of                   
 records.                                                                      
                                                                               
 TAPE 96-20, SIDE B                                                            
 Number 000                                                                    
                                                                               
 SENATOR PEARCE was unsure whether SB 267 would affect Title IV                
 funds, which is not the intent of the MOA.  She believed both                 
 Alaska's congressional delegation, and federal officials, would be            
 amenable to finding a way to deal with the funding question, as               
 other states are opening records.                                             
                                                                               
 SENATOR ADAMS repeated his concern about the loss of Title IV                 
 funds, and questioned under what circumstances the court could                
 close a hearing to the public under Section 3.                                
                                                                               
 SENATOR PEARCE replied the court will set that determination under            
 Rule 3(C), the delinquency rules.                                             
                                                                               
 KATHY TIBBLES added that currently all juvenile hearings are                  
 closed, except for the juvenile offenders waived to adult court.              
 Alaska differs from some states in that juveniles are covered by              
 agencies that are not IV-E agencies, such as a department of                  
 corrections.  Alaska receives a sizable amount of IV-E funds to               
 offset the cost of caring for juvenile delinquents which amounts to           
 50 percent of the cost of care.  The states that house juveniles in           
 non IV-E agencies do not receive that federal reimbursement.                  
                                                                               
 SENATOR TAYLOR asked what amount of IV-E funds would be lost if               
 DFYS was limited to foster home and CHINA programs and juvenile               
 delinquents were housed in a different agency.  MS. TIBBLES                   
 responded DFYS is trying to identify that amount, however it is a             
 complicated process because all three are in the same BRU.                    
 SENATOR TAYLOR asked if a victim attending a closed juvenile                  
 hearing can provide information to the media or others after a                
 hearing.  MS. TIBBLES believed the victim is restricted from doing            
 that.  MS. TIBBLES stated DFYS is trying to determine if it                   
 administratively separates the two sections within the division,              
 and stops collecting federal funds for the delinquent population,             
 whether that approach would satisfy the federal requirements as to            
 the release of records.  She added that the loss of funding might             
 be substantial, and the policy decision as to whether opening                 
 records is favorable would need to be determined.                             
                                                                               
 SENATOR GREEN questioned whether states who house juvenile                    
 offenders under their departments of corrections have probation               
 officers and staff to do follow-up within that department.  MS.               
 TIBBLES responded different states have different set-ups.                    
                                                                               
 SENATOR TAYLOR repeated that housing juvenile offenders in an                 
 agency outside the IV-E funding agency would allow disclosure of              
 records.  MS. TIBBLES agreed, but stated reducing resources to                
 address juvenile delinquency will occur and those resources are               
 already limited.  She added DFYS petitioned on 30 percent of                  
 misdemeanor referrals last year.                                              
                                                                               
 SENATOR TAYLOR asked how many of the 30 percent petitioned resulted           
 in adjudications.  MS. TIBBLES did not know.   SENATOR TAYLOR               
 commented that during his years practicing law, he has only seen              
 one adjudication go to a jury trial.  He asked Ms. Tibbles to                 
 provide that information.                                                     
                                                                               
 Number 473                                                                    
                                                                               
 SENATOR TAYLOR felt the role of social workers in DFYS to be                  
 complicated by the fact that they are required to be both                     
 prosecutors and nurturers.  He questioned whether that is why other           
 states have separated those functions.  MS. TIBBLES replied that              
 social workers deal with CHINA clients which are neglected and                
 abused children.  Probation officers deal with youth offenders.               
 The division's mission is to protect children, rehabilitate                   
 offenders, and protect the public, which is better accomplished by            
 preventing further delinquency.  DFYS believes it is better to work           
 with parents when possible to improve the family situation than to            
 automatically waive juveniles into adult court.                               
                                                                               
 SENATOR TAYLOR felt because juvenile offenses have increased and              
 law enforcement officers are frustrated in their ability to work              
 with the existing system, a review of other approaches should be              
 undertaken.  He felt a lot of the conflict surrounding juvenile               
 offenders could be resolved by a thorough discussion of the mission           
 of DFYS.