Legislature(2021 - 2022)DAVIS 106

04/27/2021 03:00 PM House HEALTH & SOCIAL SERVICES

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= HB 184 REQUIRE TRIBAL CHILD WELFARE COMPACT TELECONFERENCED
Moved HB 184 Out of Committee
-- Invited & Public Testimony --
+ HB 116 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+= HB 105 DETENTION OF MINORS TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+= HB 106 MISSING PERSONS UNDER 21 YEARS OLD TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ SB 65 LIABILITY CONSULTING HEALTH CARE PROVIDER TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 116-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                      
                                                                                                                                
3:03:43 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER announced that the  first order of business would                                                               
be HOUSE BILL NO. 116, "An  Act relating to care of juveniles and                                                               
to  juvenile   justice;  relating   to  employment   of  juvenile                                                               
probation  officers  by  the  Department  of  Health  and  Social                                                               
Services; relating  to terms used  in juvenile  justice; relating                                                               
to mandatory  reporters of  child abuse  or neglect;  relating to                                                               
sexual assault  in the third  degree; relating to  sexual assault                                                               
in the fourth degree; repealing  a requirement for administrative                                                               
revocation of  a minor's driver's  license, permit,  privilege to                                                               
drive,  or  privilege to  obtain  a  license for  consumption  or                                                               
possession of  alcohol or drugs;  and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
3:04:16 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ introduced  HB 116,  as prime  sponsor.   She                                                               
said HB 116  would do three things:  close  a loophole for sexual                                                               
abuse of  minors; update definitions that  reference the Division                                                               
of Juvenile Justice  (DJJ) facilities and staff;  and codify best                                                               
practices.   She explained  that the loophole  was found  in 2017                                                               
when  a  DJJ  staff  member was  acquitted  after  sustaining  an                                                               
inappropriate   sexual  relationship   with  a   minor  who   had                                                               
previously been under his supervision.   The bill would close the                                                               
loophole by  adding DJJ  staff to  the list  of individuals  in a                                                               
position of authority over DJJ youth.   She related that the bulk                                                               
of HB  116 would  update the  outdated, inaccurate,  and obsolete                                                               
terminology used  to describe DJJ  facilities in  current statute                                                               
and  would   update  statute  to  reflect   the  authorities  and                                                               
responsibilities of  the division more  accurately.   She advised                                                               
that these  portions of the  bill would not  substantively modify                                                               
the way DJJ operates but  would improve DJJ's ability to complete                                                               
its mission  and would codify  best practices to ensure  safe and                                                               
secure treatment of juveniles in Alaska.                                                                                        
                                                                                                                                
CO-CHAIR  SPOHNHOLZ further  conveyed  that HB  116 would  codify                                                               
best  practices  at  the  division  and  clarify  the  division's                                                               
authority.   She  said these  changes would  resolve issues  that                                                               
have  come to  light over  time  or simply  reflect the  standard                                                               
operations at  the division.  For  example, HB 116 would  add DJJ                                                               
staff and probation  officers to the list  of mandatory reporters                                                               
of child  abuse and neglect.   This  is something that  DJJ staff                                                               
already does,  she continued, but  the bill would codify  this in                                                               
statute to ensure that DJJ  probation officers have the authority                                                               
to  file amended  petitions.   The  bill  would correct  language                                                               
authorizing the  department to disclose  confidential information                                                               
related to the offense when  a minor has received an adjudication                                                               
rather than the offense the  minor was alleged to have committed.                                                               
In summary,  she stated,  HB 116 would  improve DJJ's  ability to                                                               
complete  its  mission  by  codifying  best  practices,  ensuring                                                               
juveniles  are   safe  and  secure,  and   closing  the  loophole                                                               
regarding sexual abuse of a minor supervised by DJJ staff.                                                                      
                                                                                                                                
3:07:00 PM                                                                                                                    
                                                                                                                                
MEGAN HOLLAND, Staff, Representative  Ivy Spohnholz, Alaska State                                                               
Legislature,  on   behalf  of  Representative   Spohnholz,  prime                                                               
sponsor of  HB 116, provided a  PowerPoint presentation entitled,                                                               
"HB 116: Division of Juvenile  Justice Clean-Up Bill."  She began                                                               
with slide  2 titled, "1. Closes  a loophole for sexual  abuse of                                                               
minors,"   which   read   [original  punctuation   provided   but                                                               
formatting changed]:                                                                                                            
                                                                                                                                
     ? Daniel Carey case in 2017                                                                                                
         DJJ staff sustained an inappropriate sexual                                                                            
       relationship with a juvenile under DJJ supervision.                                                                      
          Carey was  acquitted  because a  judge found  that                                                                    
       sexual abuse  of a minor statute  does not explicitly                                                                    
       list DJJ staff as "being  in a position of authority"                                                                    
       over DJJ youth.                                                                                                          
     ? Section 6                                                                                                                
         Clarifies that DJJ staff are in a position of                                                                          
       authority over minors in their custody.                                                                                  
                                                                                                                                
MS. HOLLAND  moved to  slide 3,  "2. Updates  Definitions," which                                                               
read [original punctuation provided but formatting changed]:                                                                    
                                                                                                                                
     ? Repeals                                                                                                                  
         Youth Counselors                                                                                                       
         Juvenile Detention Home                                                                                                
         Youth Detention Facility                                                                                               
         Correctional School                                                                                                    
         Juvenile Work Camp                                                                                                     
         Juvenile Probation Officers                                                                                            
         Correctional School                                                                                                    
     ? Amends                                                                                                                   
         Juvenile Detention Facility                                                                                            
         Minor                                                                                                                  
     ? New Definitions                                                                                                          
         Juvenile Treatment Facility                                                                                            
         Temporary Secure Juvenile Holding Area                                                                                 
         Juvenile Probation Officers                                                                                            
                                                                                                                                
MS. HOLLAND spoke to slide 4, "Repeals," which read [original                                                                   
punctuation provided but formatting changed]:                                                                                   
                                                                                                                                
     ?"Youth Counselors," Section 26                                                                                            
         The position of  "Youth Counselors" has not existed                                                                    
       within  DJJ since  2003. The  duties described  under                                                                    
       this section  do not apply  to facility staff  but to                                                                    
       probation officers.                                                                                                      
     ? "Juvenile Probation Officers," Section 3                                                                                 
          Inaccurate definition  limiting  to officers  with                                                                    
       individuals 18 or 19 years of age in their custody                                                                       
         Corrected with new definition in Section 26.                                                                           
     ?   "Juvenile   Detention   Home,"   "Youth   Detention                                                                    
     Facility," "Correctional School,"  "An Institution" and                                                                    
     "Juvenile Work Camp,"  Sections 1, 10, 11,  12, 13, 19,                                                                    
     20, 32 and 34                                                                                                              
          All  are  repealed  and  replaced  with  "juvenile                                                                    
       detention    facility"   and    "juvenile   treatment                                                                    
       facility" for accuracy and consistency.                                                                                  
                                                                                                                                
3:09:34 PM                                                                                                                    
                                                                                                                                
MS. HOLLAND proceeded to slide 5, "Amended Definitions," which                                                                  
read [original punctuation provided but formatting changed]:                                                                    
                                                                                                                                
     ? "Minor," Section 30                                                                                                      
         Amends the definition of  minor to include a person                                                                    
       who  was  under 18  at  the  time they  committed  an                                                                    
       offense and is subject to the jurisdiction of DJJ.                                                                       
         If a minor commits  an offense then turns 18 after,                                                                    
       they will remain in DJJ's custody.                                                                                       
     ? "Juvenile Detention Facility," Sections 29 and 37                                                                        
          Corrects the  definition to  be a  secure facility                                                                    
       for  the detention  of  delinquent  minors under  DJJ                                                                    
       custody.                                                                                                                 
          The  current  definition  limits  it  to  separate                                                                    
       quarters within a city jail,  some communities do not                                                                    
       have  such  a jail  suitable  for  juveniles and  use                                                                    
       other facilities.                                                                                                        
                                                                                                                                
MS. HOLLAND addressed slide 6, "New Definitions," which read                                                                    
[original punctuation provided but formatting changed]:                                                                         
                                                                                                                                
     ? "Juvenile Treatment Facility," Section 31                                                                                
          Current  statute  refers  to  "juvenile  treatment                                                                    
       institutions",  however DJJ  has expressed  that this                                                                    
       terminology is not reflective  of the facilities they                                                                    
       currently operate.                                                                                                       
      ? "Temporary Secure Juvenile Holding Area," Section                                                                       
      31                                                                                                                        
         DJJ  has been  operating with  a list  of temporary                                                                    
       secure   holding   areas   in   various   communities                                                                    
       throughout the state.                                                                                                    
     ? "Juvenile Probation Officers," Section 26                                                                                
          There  is  no accurate  definition  for  "juvenile                                                                    
       probation  officers" under  current statute.  Section                                                                    
       24 repeals the definition  for "youth counselors" and                                                                    
       replaces it with an  updated definition for "juvenile                                                                    
       probation  officers",  affording  them  powers  of  a                                                                    
       probation officer and describing their duties.                                                                           
                                                                                                                                
MS. HOLLAND turned to slide 7, "3. Codified Best Practices,"                                                                    
which read [original punctuation provided but formatting                                                                        
changed]:                                                                                                                       
                                                                                                                                
     ?  Section  5:  Clarifies that  employees  of  juvenile                                                                    
     treatment   institutions   and   juvenile   and   adult                                                                    
     probation officers qualify as legal guardians.                                                                             
     ?  Sections  16  and 18:  Provides  juvenile  probation                                                                    
     officers  with  the  authority   to  file  amended  and                                                                    
     supplemental   petitions,   and  clarifies   that   for                                                                    
     juveniles  this  duty  falls  upon  juvenile  probation                                                                    
     officers, not adult probation officers.                                                                                    
     ?  Sections  24-25:  Clarifies that  the  authority  to                                                                    
     arrest  and  detain  minors rests  with  juvenile,  not                                                                    
     adult, probation officers.                                                                                                 
                                                                                                                                
3:12:30 PM                                                                                                                    
                                                                                                                                
MS. HOLLAND continued with slide 8, "3. Codified Best                                                                           
Practices," which read [original punctuation provided but                                                                       
formatting changed]:                                                                                                            
                                                                                                                                
     ?  Section  27:  Adds "secure  residential  psychiatric                                                                    
     treatment  centers"  to  the list  of  facilities  from                                                                    
     which,  when  a  juvenile  is  released,  victims  will                                                                    
     receive notification.                                                                                                      
     ?  Section   28:  Corrects  language   authorizing  the                                                                    
     department   to   disclose   confidential   information                                                                    
     related  to an  adjudicated  offense,  rather than  the                                                                    
     offense the minor was "alleged to have committed."                                                                         
     ?  Section 40:  Adds juvenile  probation officers,  DJJ                                                                    
     office staff,  and staff of juvenile  facilities to the                                                                    
     list of mandatory reporters of  child abuse or neglect.                                                                    
     ?  Section 41:  Repeals revocation  of juvenile  driver                                                                    
     licenses for offenses  involving a controlled substance                                                                    
     that were handled informally by the division.                                                                              
                                                                                                                                
MS. HOLLAND concluded  with slide 9, "In Summary,  HB 116:" which                                                               
read [original punctuation provided but formatting changed]:                                                                    
                                                                                                                                
     1. Closes a loophole of the sexual abuse of minors                                                                         
     2.  Updates terms  and  definitions  pertaining to  DJJ                                                                    
     facilities and staff                                                                                                       
     3. Codifies  best practices  to improve  the division's                                                                    
     ability to complete their mission                                                                                          
                                                                                                                                
3:16:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR ZULKOSKY commented  that she doesn't see a  need for the                                                               
sectional  analysis  because the  committee  saw  this bill  last                                                               
year.   She asked  whether she is  correct in  understanding that                                                               
the bill's purpose is largely to clean up outdated language.                                                                    
                                                                                                                                
CO-CHAIR  SPOHNHOLZ  confirmed that  the  bulk  of  HB 116  is  a                                                               
routine statutory  cleanup.  She  said the bill passed  the House                                                               
last  year and  probably would  have made  it "across  the finish                                                               
line" had  it not  been for COVID-19  forcing the  legislature to                                                               
recess six or seven weeks ahead of schedule.                                                                                    
                                                                                                                                
3:17:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA drew attention to  slide 8 which states that                                                               
Section 41 would repeal revocation  of juvenile driver's licenses                                                               
for offenses  involving a controlled substance  that were handled                                                               
informally  by  the  division.   He  asked  whether  current  law                                                               
mandates the penalty of juveniles  losing their driver's licenses                                                               
should an instance described in the section occur.                                                                              
                                                                                                                                
3:18:48 PM                                                                                                                    
                                                                                                                                
TRACY DOMPELING,  Director, Division  of Juvenile  Justice (DJJ),                                                               
responded that several  years ago there were  two sections within                                                               
the division's  statutes that  required the  mandatory revocation                                                               
of a license  for certain types of offenses under  Title 28.  She                                                               
explained that one of these sections  was for those youth who had                                                               
been formally  adjudicated through  the Superior Court  for those                                                               
charges and the other referenced  youth whose cases were adjusted                                                               
informally through  DJJ.  Adjudicated offenses  have gone through                                                               
the  Superior Court  and the  youth have  been provided  with due                                                               
process, whereas  informally adjusted  cases are  instances where                                                               
the youth doesn't have an  attorney and agreements are worked out                                                               
between  youth parents  and victims.   About  six years  ago, she                                                               
recounted, the piece which required  the mandatory revocation for                                                               
adjudicated  offenses  was  repealed  from  DJJ's  statutes,  but                                                               
inadvertently  left   the  section  of  statute   for  informally                                                               
adjusted cases,  thereby mandating DJJ  to take a  harsher stance                                                               
for informally adjusted cases than  for adjudicated cases.  There                                                               
are still sections under Title 28  that allow the court to revoke                                                               
for those adjudicated cases, Ms.  Dompeling said, it just took it                                                               
out  of DJJ's  responsibility  to  do so.    She highlighted  the                                                               
importance of  ensuring that similar  penalties or  sanctions for                                                               
youth are  applied to  informally adjusted  cases as  to formally                                                               
adjudicated cases.                                                                                                              
                                                                                                                                
REPRESENTATIVE KURKA  requested confirmation that a  process will                                                               
remain  in  statute in  adjudicated  cases  where a  judge  could                                                               
decide to revoke a driver's license as a penalty for an offense.                                                                
                                                                                                                                
MS. DOMPELING  answered, "That  is correct,  it's only  for those                                                               
offenses that  are listed out  under Title 28," which  pertain to                                                               
drugs and weapons.                                                                                                              
                                                                                                                                
3:22:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MCCARTY  asked  whether  more  severe  substance-                                                               
related issues, such as driving  under the influence (DUI), would                                                               
be considered by the court.                                                                                                     
                                                                                                                                
MS.  DOMPELING deferred  to Ms.  Nancy Mead  of the  Alaska Court                                                               
System to answer the question.                                                                                                  
                                                                                                                                
3:22:56 PM                                                                                                                    
                                                                                                                                
NANCY MEAD,  General Counsel, Alaska Court  System, answered that                                                               
the court does  not revoke driver's licenses for  cases of minors                                                               
consuming alcohol.   She said  that in  about 2016 or  2017 those                                                               
offenses  began being  treated as  "straight  violations" like  a                                                               
traffic ticket, no  matter how many a minor may  receive; so, for                                                               
minor  consuming alcohol  straight violations  the court  may not                                                               
revoke the driver's  license.  Under AS Title  28, she continued,                                                               
the court has the ability  to revoke driver's licenses for minors                                                               
in possession of  drugs or for other violations of  AS 11.41, the                                                               
"drug statutes," as  well as for minors in  possession of weapons                                                               
or minors misusing weapons.                                                                                                     
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  stated that Ms. Mead  clearly described                                                               
current  statute.   However, she  explained, HB  116 attempts  to                                                               
create  parity  by  clarifying  that  there  not  be  a  stricter                                                               
enforcement penalty for "less serious"  cases that are informally                                                               
resolved outside  of the court  system and cases that  go through                                                               
the formal court system.                                                                                                        
                                                                                                                                
3:24:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY asked whether  a juvenile youth could have                                                               
one or  more DUI [offenses]  and the court  would not be  able to                                                               
revoke  that youth's  license even  though that  is an  [offense]                                                               
that could result in someone's death.                                                                                           
                                                                                                                                
MS. MEAD  responded that HB 116  would not affect DUI  laws.  The                                                               
laws  about DUI,  she explained,  are wholly  separated from  the                                                               
laws  for minors  consuming alcohol.   Prior  to October  2016, a                                                               
minor consuming  alcohol on a  park bench  could have his  or her                                                               
license revoked, and  because revoking a license  is considered a                                                               
quasi-criminal  proceeding  that minor  was  entitled  to a  jury                                                               
trial and a  defense attorney.  Driving under the  influence is a                                                               
wholly  separate  statute,  she continued,  which  has  mandatory                                                               
license  revocations   no  matter  the  age   of  the  individual                                                               
involved.   This bill would  not touch DUI whatsoever,  nor would                                                               
it touch  minor consuming alcohol.   Ms. Mead related that  a few                                                               
years  ago  a standard  was  in  place  that allowed  for  minors                                                               
consuming  alcohol  to  be  given lower  types  of  penalties  in                                                               
courts,  meaning that  these minors'  licenses couldn't  be taken                                                               
away.  She  said the repealers in HB 116  would create a symmetry                                                               
to allow  for minors who are  prosecuted through DJJ to  not have                                                               
their licenses revoked either.   She noted that minors prosecuted                                                               
through DJJ usually means the minor behaved less egregiously.                                                                   
                                                                                                                                
REPRESENTATIVE MCCARTY  offered clarification  that HB  116 would                                                               
only impact minors who had engaged  in poor behavior that was not                                                               
related to a vehicle.                                                                                                           
                                                                                                                                
MS. MEAD agreed.                                                                                                                
                                                                                                                                
3:27:38 PM                                                                                                                    
                                                                                                                                
MS.  DOMPELING provided  testimony in  support  of HB  116.   She                                                               
explained the  bill was introduced  at the division's  request to                                                               
address  long  identified  and newly  emerging  statutory  issues                                                               
related to  juvenile justice.   She  noted that  this legislation                                                               
passed  from  the  House  Health  and  Social  Services  Standing                                                               
Committee [in 2020].   She said the original  statutes, AS 47.12,                                                               
were passed  when DJJ  became its  own division  approximately 20                                                               
years ago, and  the proposed updates to  definitions and statutes                                                               
mirror the  efforts to improve the  success of the youth  who are                                                               
engaged in the juvenile justice  system through best practice and                                                               
innovative  approaches  to  address  youth  delinquency.    These                                                               
definitions, she  added, have a  real impact  on the work  of the                                                               
division's staff  and on youth  safety, the most  dramatic change                                                               
being the criminal  case against the former DJJ  employee who was                                                               
acquitted  of  sexual  abuse  due  to  the  lack  of  an  updated                                                               
definition of DJJ staff in position of authority.                                                                               
                                                                                                                                
3:30:02 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SNYDER  opened  public  testimony on  HB  116.    After                                                               
ascertaining that  no one  wished to  testify, she  closed public                                                               
testimony.                                                                                                                      
                                                                                                                                
3:30:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  inquired about  Mr. Matt  Davidson's role                                                               
in HB 116.                                                                                                                      
                                                                                                                                
3:30:39 PM                                                                                                                    
                                                                                                                                
MATT  DAVIDSON,  Social  Services Program  Officer,  Division  of                                                               
Juvenile Justice  (DJJ), stated  he has  worked with  the sponsor                                                               
over  the last  three legislatures  to develop  this legislation,                                                               
and therefore he  is familiar with the bill's  provisions and why                                                               
individual components are termed the way they are.                                                                              
                                                                                                                                
REPRESENTATIVE MCCARTY  inquired about the term  "legal guardian"                                                               
found on page 2 of HB 116.                                                                                                      
                                                                                                                                
MR. DAVIDSON replied  that Section 5 is the  definition of "legal                                                               
guardian" for the crimes related to  sexual abuse of a minor.  He                                                               
explained that when developing the bill,  a look was taken at the                                                               
current definitions in statute that  referred to juvenile justice                                                               
facilities  operated  by  DJJ; terms  were  sprinkled  throughout                                                               
statute  that  were  very  similar   terms  to  the  department's                                                               
facilities.   So, throughout  the bill  where those  statutes are                                                               
touched, an  attempt is made  to provide specificity as  to which                                                               
facilities and  staff are being talked  about.  Section 5  is the                                                               
definition of the  crime of engaging in sexual  contact or sexual                                                               
relations with  a minor who  is under the custody  or supervision                                                               
of  DHSS,  he noted,  so  that  relates  to youth  in  facilities                                                               
operated by the  department as well as the division.   The Office                                                               
of Children's  Services (OCS), he  continued, places  children in                                                               
treatment  institutions, and  because  these  children are  under                                                               
state custody while placed in  treatment institutions operated by                                                               
nonprofits  and other  agencies,  this same  provision, the  same                                                               
offenses,  apply to  staff  of  those facilities  as  well as  to                                                               
department staff.                                                                                                               
                                                                                                                                
3:33:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY stated that in  his 30 years of experience                                                               
there is  a separation of legal  guardian being that of  a parent                                                               
or someone who  is a custodial guardian and a  ward of the court.                                                               
He said it appears that wards  of the court are being referred to                                                               
in  this  situation rather  than  legal  guardians because  these                                                               
individuals  have been  placed in  institutions by  the court  or                                                               
court systems.                                                                                                                  
                                                                                                                                
MR. DAVIDSON answered that the  terms would have the same meaning                                                               
in  this specific  statute.    He said  it  is  not creating  the                                                               
definition of  a legal guardian  that was existing in  the sexual                                                               
abuse of  a minor statute, rather  it is just updating  the terms                                                               
relating to those positions that  qualify as legal guardians.  In                                                               
Division of Juvenile Justice statute  and in OCS child protection                                                               
statute, the  term legal guardian  or legal custody are  used and                                                               
sometimes  interchangeably, and  ward  of the  court is  probably                                                               
similar to that  or could be replacing that, but  in this case in                                                               
statute the term is legal guardian.                                                                                             
                                                                                                                                
3:35:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY  stated that AS 13.06.050  defines a legal                                                               
guardian and  doesn't include all  these categories.  He  said it                                                               
seems  AS  47 is  expanding  on  that  or  using the  exact  same                                                               
terminology but in a different way, making it confusing.                                                                        
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ explained that  the section of law being                                                               
addressed by HB  116 applies to the Division  of Juvenile Justice                                                               
only and  another category of  employees is being added  to which                                                               
this applies.   She said  it already  applies to group  homes and                                                               
youth facilities, and  the bill would add  employees of treatment                                                               
institutions and  juvenile probation officers.   [Current] law is                                                               
probation officers, and HB 116  clarifies it means both adult and                                                               
juvenile probation officers, which  would close the loophole that                                                               
was identified in the 2017 case.                                                                                                
                                                                                                                                
3:37:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA  observed Section  41 would  repeal multiple                                                               
statutes.   He  asked whether  all these  statutes deal  with the                                                               
same subject of juvenile justice.                                                                                               
                                                                                                                                
MS. HOLLAND  pointed out  that AS 47.12.990  and AS  47.14.990 in                                                               
Section  41  relate  to   repealed  definitions,  which  includes                                                               
detention homes  and juvenile work  camp.  She said  AS 28.15.176                                                               
and  AS 47.12.060  are the  revocations related  to the  driver's                                                               
license.   Responding further to  Representative Kurka,  she said                                                               
anything ending in  990 is a definition, and AS  28.15.176 and AS                                                               
47.121.060 are the revocations related to the driver's license.                                                                 
                                                                                                                                
3:40:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MCCARTY noted  that the bill's intent  is to clean                                                               
up  different language  pieces.   He suggested  alternate wording                                                               
regarding "legal guardian."                                                                                                     
                                                                                                                                
CO-CHAIR SNYDER  stated that the  definition within a  statute is                                                               
exceptionally  important  because there  is  a  limited range  of                                                               
vocabulary.                                                                                                                     
                                                                                                                                
MS. HOLLAND noted that Title 11  relates to the sexual abuse of a                                                               
minor  and page  2, lines  30-31, apply  "when those  persons are                                                               
exercising custodial control over a  minor or other person".  She                                                               
said  that   if  additional  clarification  is   needed  to  that                                                               
definition, it would be appropriate to ask the division.                                                                        
                                                                                                                                
MR. DAVIDSON explained  that when drafting the  bill, the attempt                                                               
was  not  to  fix  everything  but  rather  to  ensure  that  the                                                               
loopholes in criminal statute were  fixed to relate to actions by                                                               
DJJ staff  and to update  terms that referred  to DJJ staff.   He                                                               
allowed there  might be misalignments  elsewhere in  statute that                                                               
weren't  considered as  part of  this  bill and  offered to  talk                                                               
about that with Representative McCarty.                                                                                         
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ suggested there  are probably many parts                                                               
of statute that intersect but  pointed out that when drafting the                                                               
bill, the  intent was not  necessarily to be expansive  and apply                                                               
to every section  of law that could relate to  children.  Rather,                                                               
the intent was  to focus on the specific elements  related to the                                                               
Division of  Juvenile Justice  in the  definitions and  solve the                                                               
problems that  are on the  books.  She  encouraged Representative                                                               
McCarty to talk with Mr. Davidson  about the sections of law that                                                               
were  chosen.   She noted  that last  year the  House unanimously                                                               
passed  the  legislation, and  she  would  like to  protect  that                                                               
progress and  get this  done this year  because the  division has                                                               
been waiting a long time to have this done.                                                                                     
                                                                                                                                
[CO-CHAIR SNYDER held over HB 116.]                                                                                             
                                                                                                                                

Document Name Date/Time Subjects
SB 65 v. B.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HHSS 5/4/2021 3:00:00 PM
SB 65
SB 65 Sponsor Statement 2.4.2021.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HHSS 5/4/2021 3:00:00 PM
HJUD 5/5/2021 1:00:00 PM
HJUD 5/17/2021 1:00:00 PM
SHSS 2/16/2021 1:30:00 PM
SB 65
SB 65 Sectional Analysis v. B 2.4.2021.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HHSS 5/4/2021 3:00:00 PM
SHSS 2/16/2021 1:30:00 PM
SB 65
SB 65 Letter of Support ASMA 2.11.2021.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
SHSS 2/16/2021 1:30:00 PM
SB 65
SB 65 Letter of Support Alaska Chiropractic Society.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
SHSS 2/18/2021 1:30:00 PM
SB 65
SB 65 Amendment 1 Hughes.pdf HHSS 4/27/2021 3:00:00 PM
SB 65
SB 65 Amendment 1 Hughes.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
SHSS 2/18/2021 1:30:00 PM
SB 65
SB 65 Amendment 2 Wilson.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
SB 65
SB65 Amendment 3.12.21.pdf HHSS 4/27/2021 3:00:00 PM
SJUD 3/12/2021 1:30:00 PM
SB 65
CSSB65 Ver. I.PDF HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HHSS 5/4/2021 3:00:00 PM
SJUD 3/31/2021 1:30:00 PM
SB 65
SB 65.msg HHSS 4/27/2021 3:00:00 PM
SB 65
SB65 Public Testimony.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
SJUD 3/31/2021 1:30:00 PM
SB 65
SB 65 Version C.PDF HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
SB 65
SB 65 Zero Fiscal Note.PDF HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
SB 65
HB 116 Sponsor Statement, v. A.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HB 116
HB 116 Supporting Document - Carey Acquittal, 2017.pdf HHSS 4/27/2021 3:00:00 PM
HB 116
HB 116 Supporting Document, FAQs 4.10.21.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HB 116
HB 116 Supporting Document - Temporary Secure Juvenile Holding Area.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HB 116
HB 116, v. A.PDF HHSS 4/27/2021 3:00:00 PM
HB 116
HB 116 Letters of Support Received as of 4.20.21.pdf HHSS 4/27/2021 3:00:00 PM
HB 116
HB 116 PowerPoint Presentation.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HB 116
HB 116 Sectional Analysis, v. A.pdf HHSS 4/27/2021 3:00:00 PM
HB 116
DHSS Comparison Memo- HB116 - HB105 and SB91 (4-14-21).pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HB 105
HB 116
SB 91
DHSS comparison of HB116 (HB105 or SB91) with notes.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HB 105
HB 116
SB 91
HB 105 v. A 2.19.2021.PDF HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Transmittal Letter 2.18.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Sectional Analysis v. A 2.23.2021.pdf HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Fiscal Note DOC-IDO 2.8.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Fiscal Note DHSS-PS 2.10.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Fiscal Note DPS-AST 2.12.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Fiscal Note JUD-ACS 3.4.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HJUD 3/5/2021 1:30:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Supporting Document - ABADA & AMHB Letter 3.5.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Testimony - Received as of 3.8.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 Additional Document - Memo from DJJ to HJUD 3.9.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 v. A Amendments #1-2 HJUD Final Votes 3.10.2021.pdf HHSS 4/15/2021 3:00:00 PM
HHSS 4/17/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 3/10/2021 1:30:00 PM
HB 105
HB 105 v. B (Distributed by HJUD Committee) 3.12.2021.PDF HHSS 4/15/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HB 105
HB 116 Additional Document - DHSS Comparison of HB 116 and HB 105 (SB 91) with Notes 4.14.2021.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 105
HB 116
SB 91
HB 184 LOS_Alaska Childrens Trust.pdf HHSS 4/27/2021 3:00:00 PM
HTRB 5/4/2021 8:00:00 AM
SHSS 3/31/2022 1:30:00 PM
HB 184
HB 184 LOS_Alaska Regional Coalition.pdf HHSS 4/27/2021 3:00:00 PM
SHSS 3/31/2022 1:30:00 PM
HB 184