Legislature(2001 - 2002)
04/28/2001 04:50 PM House JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
SB 178 - DETENTION OF DELINQUENT MINORS Number 0080 CHAIR ROKEBERG announced that the first order of business would be SENATE BILL NO. 178, "An Act relating to the detention of delinquent minors and to temporary detention hearings; amending Rule 12, Alaska Delinquency Rules; and providing for an effective date." Number 0094 HOLLY MORRIS, Staff to Senator Gene Therriault, Alaska State Legislature, sponsor, explained on behalf of Senator Therriault that the Juvenile Justice and Delinquency Prevention Act of 1974 provided federal formula grant funding to implement four mandates that were established in that Act. Those mandates included deinstitutionalization of status offenders; addressing disproportionate minority confinement; sight and sound separation of juveniles from adult offenders; and removing juveniles from adult jail and lockup facilities. To meet these mandates, a variety of community-based delinquency response services have been established with federal grant funding, including electronic monitoring (EM) programs, youth courts, and mentoring and community accountability courts. Senate Bill 178 brings Alaska statute into compliance with federal regulation by requiring an arraignment within 24 hours if a juvenile cannot be safely transported to a youth facility. This federal regulation also allows the state to extend those time limits due of adverse weather, limited transportation options, and other conditions without being out of compliance with the federal mandate. MS. MORRIS said current Alaska statute allows a juvenile to be held in an adult lockup facility for a maximum of 24 hours while awaiting transport to one of the six regional youth facilities. Senate Bill 178 does not extend the time limit that a juvenile may be held in an adult lockup facility, nor does it change the 48-hour arraignment rule for juveniles that are already in a youth facility. Basically, she said, SB 178 will apply to the regions of the state that don't have a juvenile facility nearby, and in which the juvenile is taken to an adult lockup facility until he/she can safely be transported to a juvenile facility. This legislation gives Alaska the ability to claim certain exemptions to the federal mandates, and preserves the state's eligibility for 100 percent of the federal formula grant allocation, but it would not allow juveniles to be held in adult facilities any longer than is absolutely necessary. REPRESENTATIVE MEYER said that SB 178 is a good bill, and noted that without it, Alaska will lose federal funds. Number 0363 REPRESENTATIVE JAMES moved to report SB 178 out of committee with individual recommendations and the accompanying zero fiscal notes. There being no objection, SB 178 was reported out of the House Judiciary Standing Committee.
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