Legislature(1999 - 2000)
04/14/2000 09:04 AM House HES
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* first hearing in first committee of referral
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HB 184 - PERS BENEFITS FOR JUV INSTIT EMPLOYEES Number 1743 REPRESENTATIVE GREEN announced the next order of business as House Bill No. 184, "An Act granting certain juvenile detention or juvenile correctional institution employees status as peace officers under the public employees' retirement system; and providing for an effective date." REPRESENTATIVE BETH KERTTULA, Alaska State Legislature, sponsor, came forward to present HB 184. She noted that HB 184 changes the retirement system for the juvenile justice youth counselors. The reason for this legislation is because the youth counselors have a very difficult and, at times, a very dangerous job. The lack of recognition in the statutes, that like peace officers and adult correctional officers, they deserve a 20 year and out system. She told the committee that she had a committee substitute (CS) prepared, but it is not her wish to have the CS considered. The CS has the employees pay for any difference to go to 20 years and out, but the department has polled the employees, and it is the vast desire of the employees not to use that method. She would like the committee to hear from the youth counselors because they can explain the merits of the bill which does have a fiscal note of approximately $320,000 per year. Number 1844 GUY BELL, Director, Division of Retirement & Benefits, Department of Administration, came forward to testify. He noted the division submitted a fiscal note that is based on the cost of moving from a 30-year retirement to a 20-year retirement for 236 people that would be affected by HB 184. REPRESENTATIVE COGHILL noted that in considering the fiscal note, hiring beyond that will have to be considered. A third of the work force will have to be replaced, and he wondered how that would be reflected in the overall cost. MR. BELL said it is figured to assume that the characteristics of that group will be carried forward. There will be people in their first year and people who have 25 years. The whole group is valued as a group. The assumption is the characteristics of that group will be the same five and ten years from now. Number 1932 REPRESENTATIVE GREEN asked for a motion to adopt the CS. REPRESENTATIVE BRICE explained that the sponsor wanted the original bill rather than the CS. Number 1955 JASON WILSON, Youth Counselor, Johnson Youth Center (JYC), Probation Services, Division of Juvenile Justice, Department of Health & Social Services, came forward to testify. He has been a youth counselor for five and a half years and urged the committee to support HB 184. He gave a brief idea of what the youth counselors deal with on a daily basis. The JYC is the only detention facility in Southeast Alaska and just opened up the only treatment center in Southeast Alaska, so JYC deals with all of Southeast. The JYC is an eight-room, fifteen-bed facility which houses between 20 to 25 kids. It is above capacity almost all the time. The counselors have a thankless job because they don't see the kids after they graduate and become productive citizens. The counselors deal with the kids when they are experimenting and dealing with drugs. There are frequent assaults on staff members and residents. There are many mental cases. The counselors deal with kids who want to hurt themselves or spit on the counselors or have major anger management problems. MR. WILSON stressed that the counselors deal with a great deal of stress. These counselors are keeping these kids in a safe environment as well as keeping the public safe by having these kids in a safe environment. He believes the counselors deserve this and the 20 year retirement has been one of the most talked about things since he has been at JYC. He invited the committee to take a tour of JYC. Walking into the JYC is not unlike walking into the Lemon Creek facility except there aren't bars, there are solid doors. The counselors deal with the same sort of things as adult corrections, if not worse. Number 2148 ANDY LEE, Unit Leader, Johnson Youth Center (JYC), Probation Services, Division of Juvenile Justice, Department of Health & Social Services, came forward to testify. He has worked at JYC for ten years, and part of that time he was acting superintendent, and he managed the detention facility. During his tenure, the detention facility has operated at 300 percent capacity. During a single month, as many as 33 physical restraints have been done with particularly volatile young people. Nationally, youth counselors are assaulted at a rate three times that of correctional officers and the youth counselors have less tools. They don't have mace, weapons, or insert teams to go into the cells; they just have their physical selves. While they are highly trained and skilled, the average length of a career of youth counselors at JYC is three and a half years. In his tenure, no one has retired. He is one of the senior staff members. In addition to operating at an always high capacity rate, the new treatment facility that opened last April has never been below capacity. There has never been an empty bed. In the past, many of the residents were gang members, but more recently they are seeing more mental health residents because there is nowhere else to put them. The result is there are self-harm behaviors and suicidal ideation. The detention unit frequently gets multiple detentions for minor consuming. So there may be someone in detoxification while someone is acting out in another cell. The unit is typically staffed by three individuals. The peak population last year was 33 residents in eight cells. Some of the cells had five residents in them so when the counselor enters those cells, all that is between the counselor and the five residents for escape, injury to each other, or injury to the counselor is the wits and training of the counselor. MR. LEE indicated they are very proud of the work they do. There are about 230 counselors who were originally part of the correctional officers retirement bill but were dropped at the twelfth hour; the counselors made a very strong case at that time for the amount of risk they were assuming. One of the collateral costs is the high rate of worker's compensation that is utilized. He believes it was over $300,000 in 1997, and most of that was borne by individuals over the age of 45. There are some other costs that need to be considered with regard to this. The staff continues to try to come up with strategies to cut down on the population, but there are some individuals who simply need the type of service that JYC provides. With the loss of Alaska Psychiatric Institute, the long-term ability to house individuals there has been lost. With the loss of residential beds, there are less alternatives for placement in the community. Currently at the Bethel youth facility there are eight individuals in the treatment unit, five of whom are there for murder. Given that most of the populations are fairly safe individuals or are not acting out, there is always a certain percentage of the population who are cited as at-risk individuals for assault to staff, assault to each other or self-harm. In a given day the counselors do everything from receptionist duties, correctional officer duties, family counseling, community service and transporting to and from court in caged cars. By statute they have all the arrest authority of a state trooper, yet they have none of the benefits. He commended his great staff and believes they deserve the 20-year retirement bill as the correctional officers have. TAPE 00-47, SIDE B Number 2328 ELMER LINDSTROM, Special Assistant, Office of the Commissioner, Department of Health & Social Services, came forward to testify. He said the sponsor indicated she did not wish to pursue the CS and he assumes part of the reason for that is the division director attempted to poll the staff in the youth corrections facilities and the staff felt by 2-1 that the original bill is what they would like to pursue. This was not an administration bill. Should this bill not pass this year due to the lateness of the session, the division director will propose it through the normal legislative development process. The department has not had the straight up discussion whether or not these employees merit inclusion in the peace officers retirement system, but it will have that discussion for the next session. The committee heard very compelling testimony today, and he is confident the division director will make a very compelling case. Number 2263 REPRESENTATIVE WHITAKER asked Mr. Lindstrom about the status of other bills where other groups of employees are moving from a 30-year program to a 20-year program. He wondered if those bills are close to becoming law. MR. LINDSTROM answered that his sense is that those bills are moving, but other people may have a better sense. REPRESENTATIVE WHITAKER said there appears to be a reasonable opportunity given no fiscal note for this to succeed. However, in having a fiscal note, the chance for success is probably diminished. It is important that all concerned understand if this is to happen, there would be a much better chance of it happening if the individuals bear the costs. That is a major factor. MR. LINDSTROM indicated HB 184 is not the department's proposal at this time. He suspects the sponsor is listening to those remarks and it will be considered. The Division of Juvenile Justice was just created this last year. Previously it was under the Division of Family and Youth Services. The director, Mr. Buhite, came up through the ranks with over 30 year's experience in this field, 16 years as superintendent at McLaughlin. He has put together an outstanding management team. The director enjoys the support of the commissioner as well as the support of his staff. All of the facilities were just accredited which is not the case in most states of these type of facilities. Number 2090 REPRESENTATIVE COGHILL made a motion to move the original HB 184 with individual recommendations and attached fiscal note. There being no objection, HB 184 moved from the House Health, Education and Social Services Standing Committee.
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