Legislature(2001 - 2002)
03/15/2001 03:05 PM House HES
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 114-INHALANT ABUSE CHAIR DYSON announced that the committee would hear HOUSE BILL NO. 114, "An Act relating to abuse of inhalants." [The bill had been heard previously, and an amendment had been adopted.] Number 0069 REPRESENTATIVE MARY KAPSNER, Alaska State Legislature, came forth as sponsor of HB 114. She stated that HB 114 would make inhalant abuse a violation punishable by a $300 fine, which could be waived at the judge's discretion if the person entered into treatment. She noted that there is a treatment facility being built in Bethel, scheduled to open August 31, 2001. Number 0119 REPRESENTATIVE KAPSNER informed members that she had two amendments to HB 114. The first broadens the title by inserting, "and relating to minors under the influence of alcohol, inhalants, or drugs". She explained that this allows peace officers to take minors into custody if they have reasonable cause to believe that [the minors] are under the influence of alcohol, inhalants, or drugs. The child would then be returned to the parent or guardian. If [the parent or guardian] is not available, then [the minor is taken] to a relative, shelter, program, or suitable facility. [The peace officer] should promptly notify the Department of Health & Social Services of those placements. She added that this permits the peace officer to take a person into custody even if he or she is intoxicated to the point of incapacitation. REPRESENTATIVE COGHILL asked under what circumstances a person can be taken into custody by a police officer. Number 0354 ROBERT BUTTCANE, Legislative Administrative Liaison, Division of Juvenile Justice (DJJ), Department of Health & Social Services (DHSS), came forth and responded that there are other examples where [a minor is taken into custody]. For example, in the case of a runaway youth, the child would not actually be under arrest, but the police officer could take custody and bring the child to a parent or suitable placement to ensure his or her safety and well-being. He added that, in all probability, the alternative placement might be an emergency shelter or with a social worker. He stated that without effecting an arrest, which triggers a criminal "due process," this would still allow a peace officer to intervene in order to interrupt the inappropriate behaviors and get the kid back to the parent. REPRESENTATIVE COGHILL asked whether this type of detainment is not available to the police officer now. MR. BUTTCANE answered that that is correct. However, he said, good law enforcement practice is that when [someone] sees a kid who is involved in mischievous behaviors that need intervention, it is not uncommon for a police officer, at present, to be able to take the child physically to the parent. He remarked that this [bill] codifies what is good practice in the field and gives additional authority to law enforcement to actually intervene in these cases. He added that [DJJ] has tried to find a way of doing this without "criminalization" whereby the child wouldn't be taken under arrest but law enforcement would still be empowered, at the street level, to intervene when necessary to ameliorate the situation. Number 0546 REPRESENTATIVE KAPSNER informed the committee that at a meeting with three commissioners, the commissioner of the Department of Public Safety indicated willingness to include this kind of training for village public safety officers (VPSOs) as well as troopers, but would like some direction from the legislature. REPRESENTATIVE JOULE remarked that last week [the committee] heard about an incident [in Juneau] at a skateboard facility where the cops said that they didn't have to [intervene]. He asked if this [amendment] would get [the officers] over there to take action. MR. BUTTCANE answered that he would hope so. He stated that this language would give [police officers] the authority to intervene and take corrective action to interrupt the inhalant abuse and then bring the kid to the parent. Number 0660 THERESA TANOURY, Director, Division of Family & youth Services, Department of Health & Social Services, came forth and stated that [the Division of Family & Youth Services] supports [HB 114] and sees it as a matter of child safety. She stated that situations that come to the attention of [the Division of Family & Youth Services] are evaluated with the whole family to see what types of services are available. She remarked that many times these are situations in which the family is in crisis. Number 0707 REPRESENTATIVE JOULE made a motion to adopt Amendment 22- LS0130\C.2, Luckhaupt, 4/04/01, which read: Page 1, line 1, following "inhalants": Insert "; and relating to minors under the influence of alcohol, inhalants, or drugs" Page 2, following line 3: Insert a new bill section to read: "* Sec. 2. AS 47.10 is amended by adding a new section to read: Page 1, line 1, following "inhalants": Insert "; and relating to minors under the influence of alcohol, inhalants, or drugs" Page 2, following line 3: Insert a new bill section to read: "* Sec. 2. AS 47.10 is amended by adding a new section to read: Sec. 47.10.137. Intoxicated minors. (a) A peace officer shall take into protective custody a minor who the peace officer has reasonable cause to believe is under the influence of alcohol, inhalants, or drugs if the minor is not otherwise subject to arrest or detention. (b) A peace officer taking into protective custody a minor under (a) of this section shall (1) return the minor to the minor's parent or guardian or, if the minor's parent or guardian is unknown or unavailable, take the child to a relative or to a shelter, program, or facility suitable for the minor; (2) use the procedures provided in AS 47.37.170 for a person incapacitated by alcohol, inhalants, or drugs if the minor appears to be incapacitated, and the peace officer may use the procedures provided in AS 47.37.170 for an intoxicated person if the minor appears to be intoxicated; in this paragraph, "incapacitated by alcohol, inhalants, or drugs" and "intoxicated person" have the meanings given in AS 47.37.270; (3) deliver the minor to another suitable location and promptly notify the Department of Health and Social Services of the placement." Renumber the following bill sections accordingly. There being no objection, Amendment 22-LS0130\C.2, Luckhaupt, 4/04/01, was adopted. Number 0776 REPRESENTATIVE JOULE made a motion to adopt Amendment 22- LS0130\C.3, Luckhaupt, 3/14/01, which read: Page 5, lines 26 - 31: Delete "(1) "alcoholic or inhalant or drug abuser" means a person who demonstrates increased tolerance to alcohol, inhalants, or drugs, who suffers from withdrawal when alcohol, inhalants, or drugs are not available, whose habitual lack of self-control concerning the use of alcohol, inhalants, or drugs causes significant hazard to the person's health, and who continues to use alcohol, inhalants, or drugs despite the adverse consequences;" Insert "(1) "alcoholic or inhalant or drug abuser" means a person who (A) demonstrates increased tolerance to alcohol, inhalants, or drugs, who suffers from withdrawal when alcohol, inhalants, or drugs are not available, whose habitual lack of self-control concerning the use of alcohol, inhalants, or drugs causes significant hazard to the person's health, and who continues to use alcohol, inhalants, or drugs despite the adverse consequences; or (B) uses inhalants on a more than occasional basis, whose use of inhalants has caused significant adverse consequences to the person's health or whose use of inhalants is likely to cause a significant hazard to the person's life or health, and whose use of inhalants impairs the person's judgment to such a degree that the person continues to use inhalants despite the adverse consequences or hazards;" There being no objection, Amendment 22-LS0130\C.3, Luckhaupt, 3/14/01, was adopted. Number 0818 BLAIR McCUNE, Deputy Director, Public Defender Agency, Department of Administration, testified via teleconference. He stated that the [Public Defender Agency] appreciates the change in the bill, which no longer makes [inhalant abuse] a misdemeanor. He remarked that he is familiar with the runaway youth statute in Title 47, but he is not clear on other circumstances for a child to be picked up by the police officer. CHAIR DYSON explained that a peace officer can take a minor into protective custody if the peace officer has reasonable cause to believe that he or she is under the influence of alcohol, inhalants, or drugs. MR. McCUNE replied that he thinks that is a good idea. He added that he believes the other alternative is an arrest if it involves minors consuming alcohol. Number 0960 REPRESENTATIVE COGHILL made a motion to move HB 114 as amended from committee with individual recommendations and zero fiscal notes. There being no objection, CSHB 114(HES) moved from the House Health, Education and Social Services Standing Committee.
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