Legislature(2017 - 2018)GRUENBERG 120

04/06/2018 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 15 Minutes Following Session --
+ HB 351 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HJR 38 AK RAILROAD TRANSFER ACT; CONVEYANCES TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 75 GUN VIOLENCE PROTECTIVE ORDERS TELECONFERENCED
Heard & Held
         HB 351-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                      
                                                                                                                                
1:01:04 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE BILL NO. 351, "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                                                               
adjudication of  minor delinquency and the  deoxyribonucleic acid                                                               
identification  registration system;  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."                                                                         
                                                                                                                                
[Before the committee was proposed committee substitute (CS),                                                                   
Version 30-LS0304\R, Martin, 3/26/18, adopted by the committee                                                                  
during the 3/26/18, 7:00 p.m. meeting.]                                                                                         
                                                                                                                                
1:01:39 PM                                                                                                                    
                                                                                                                                
JUDY JESSEN, Staff, Representative Ivy Spohnholz, Alaska State                                                                  
Legislature, paraphrased the sponsor statement as follows                                                                       
[original punctuation provided]:                                                                                                
                                                                                                                                
     HB 351  is a statutory  cleanup bill which  updates the                                                                    
     terms used  to describe the facilities  operated by the                                                                    
     Division  of  Juvenile  Justice  and  provides  updated                                                                    
     definitions for  those terms. Current  statutes contain                                                                    
     references to  facilities which  DJJ does  not operate,                                                                    
     and  facilities  that do  not  exist  in the  state  of                                                                    
     Alaska.  The  bill  also   makes  a  clear  distinction                                                                    
     between  the role  of juvenile  probation officers  and                                                                    
     adult   probation   officers   in  places   where   the                                                                    
     difference is  unclear. HB 351  also requires  staff of                                                                    
     juvenile justice to  be added to the  list of mandatory                                                                    
     reporters  of child  abuse and  neglect. These  updates                                                                    
     are necessary  to provide  statutory clarity  to ensure                                                                    
     the  Division  can  manage its  facilities  effectively                                                                    
     throughout the state.                                                                                                      
                                                                                                                                
     Currently, Alaska  Statutes reference places  like work                                                                    
     camps  and  juvenile  detention homes,  which  are  not                                                                    
     recognized or operating in the  state of Alaska. HB 351                                                                    
     adds  juvenile treatment  facility, juvenile  detention                                                                    
     facility,  and temporary  secure juvenile  holding area                                                                    
     as facilities currently being  operated by the division                                                                    
     and  provides  clear  definitions  for  each  of  these                                                                    
     terms. Because references to  these facilities occur in                                                                    
     many  places in  statute, this  bill also  touches upon                                                                    
     many sections  of statute. These changes  are necessary                                                                    
     to provide  the clearest regulation over  facilities in                                                                    
     existence and operated by the DJJ.                                                                                         
                                                                                                                                
     HB 351  also clarifies the  role of juvenile  and adult                                                                    
     probation  officers,  first by  distinguishing  clearly                                                                    
     between  the  two,  and second  by  providing  a  clear                                                                    
     definition  for the  term  juvenile probation  officer.                                                                    
     These  are  meaningful  changes  to  provide  the  best                                                                    
     protection  for   juveniles  in  the  custody   of  the                                                                    
     Division of Juvenile Justice.                                                                                              
                                                                                                                                
     Lastly, HB 351 adds DJJ  staff to the list of mandatory                                                                    
     reporters. It is the Division's  objective to engage in                                                                    
     the  rehabilitation of  juvenile offenders.  Adding DJJ                                                                    
     staff to  the list of mandatory  reporters provides the                                                                    
     best guarantee  that when DJJ  staff discover  cases of                                                                    
     child  abuse and  neglect,  those  cases are  reported,                                                                    
     investigated,  and resolved  for the  best interest  of                                                                    
     the child.                                                                                                                 
                                                                                                                                
     While  these  technical  language  updates  touch  many                                                                    
     sections  of statute,  these  language  changes do  not                                                                    
     significantly alter the authority  of the Division over                                                                    
     juveniles in  its care.  Rather, these  updates protect                                                                    
     juveniles  by making  it clear  where juveniles  can be                                                                    
     placed and  clearly defining the authority  of DJJ, its                                                                    
     staff,  and  facilities   using  current  and  relevant                                                                    
     language.                                                                                                                  
                                                                                                                                
1:04:27 PM                                                                                                                    
                                                                                                                                
MS. JESSEN paraphrased the sectional analysis as follows                                                                        
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section  1. AS  09.65.255(b): Deals  with indemnity  of                                                                    
     civil  liability for  the actions  of  minors in  state                                                                    
     custody.  Adds foster  home,  definition reference  for                                                                    
     foster  home, juvenile  treatment facilities,  juvenile                                                                    
     detention  facility,  and treatment  institution.  Adds                                                                    
     references  for the  definitions of  juvenile treatment                                                                    
     facility and treatment institutions.                                                                                       
                                                                                                                                
     Section  2.  AS   11.41.425(b)(1):  Deals  with  sexual                                                                    
     assault in  the third  degree. Adds  staff who  work in                                                                    
     juvenile  detention facilities  and juvenile  treatment                                                                    
     facilities  to  definition  of sexual  assault  in  the                                                                    
     third degree.                                                                                                              
                                                                                                                                
     Section  3.  AS   11.41.425(b)(2):  Deals  with  sexual                                                                    
     assault in the third  degree. Updates the definition of                                                                    
     juvenile probation officer.                                                                                                
                                                                                                                                
1:05:36 PM                                                                                                                    
                                                                                                                                
     Section  4.  AS   11.41.427(b)(2):  Deals  with  sexual                                                                    
     assault  in  the  4th  degree.  Updates  definition  of                                                                    
     juvenile probation officer.                                                                                                
                                                                                                                                
     Section 5. AS 11.41.470(3):  Deals with crimes by legal                                                                    
     guardians.   Adds  employees   of  juvenile   treatment                                                                    
     institutions and                                                                                                           
     juvenile and adult probation officers  to list of legal                                                                    
     guardians                                                                                                                  
                                                                                                                                
     Section 6.  AS 11.41.470(5): Deals with  crimes against                                                                    
     persons  committed  by  a  person   in  a  position  of                                                                    
     authority.   Adds   correctional   employee,   juvenile                                                                    
     facility   staff,  and   staff   members  of   juvenile                                                                    
     treatment  institutions  as   people  in  positions  of                                                                    
     authority.                                                                                                                 
                                                                                                                                
     Section  7. AS  11.41.470:  Deals  with crimes  against                                                                    
     persons  committed  by  a  person   in  a  position  of                                                                    
     authority.  Adds  definitions   for  juvenile  facility                                                                    
     staff and treatment institutions                                                                                           
                                                                                                                                
     Section  8.  AS  11.56.760(a):  Deals  with  orders  to                                                                    
     submit to  DNA testing.  Clarifies that those  who have                                                                    
     been "adjudicated  delinquent" may  have to  submit DNA                                                                    
     samples.                                                                                                                   
                                                                                                                                
     Section  9.   AS  11.61.123(e):  Deals   with  Indecent                                                                    
     Viewing  or  Photography. Adds  treatment  institutions                                                                    
     and juvenile  treatment facilities to list  of included                                                                    
     facilities.  Provides  references   to  definitions  of                                                                    
     those terms.                                                                                                               
                                                                                                                                
     Section  10.  AS  14.07.020(a):  deals  with  providing                                                                    
     public education services. Includes juvenile detention                                                                     
     facilities and juvenile treatment facilities as places                                                                     
     where  public  education  must  be  provided.  Provides                                                                    
     references to definitions of those terms.                                                                                  
                                                                                                                                
     Section  11.  AS  14.30.186(a):  Deals  with  providing                                                                    
     special  education.  Includes  treatment  institutions,                                                                    
     juvenile  detention facilities,  or juvenile  treatment                                                                    
     facilities as  places where  special education  must be                                                                    
     provided.  Adds  references  to definitions  for  those                                                                    
     terms.                                                                                                                     
                                                                                                                                
1:07:15 PM                                                                                                                    
                                                                                                                                
     Section  12.   AS  17.37.070(6):  Deals   with  medical                                                                    
     marijuana.  Includes juvenile  treatment facilities  as                                                                    
     facilities  operated   by  the  state  which   are  not                                                                    
     required to provide medical marijuana.                                                                                     
                                                                                                                                
     Section 13.  AS 18.20.499(2):  Deals with  overtime for                                                                    
     nurses.  Adds   "juvenile"  treatment   facilities  and                                                                    
     treatment institutions to  describe facilities operated                                                                    
     by Division of Juvenile Justice.                                                                                           
                                                                                                                                
     Section 14.  AS 47.10.141(c):  Deals with  Runaways and                                                                    
     Missing   Minors.  Updates   terms  used   to  describe                                                                    
     juvenile detention facilities  operated by the Division                                                                    
     of   Juvenile  Justice   and  inappropriate   emergency                                                                    
     placement for minors.                                                                                                      
                                                                                                                                
     Section 15.  AS 47.10.141(j):  Deals with  Runaways and                                                                    
     Missing Minors.  Creates new definition  for "temporary                                                                    
     secure juvenile  holding area" where  delinquent minors                                                                    
     may  be   kept  while  awaiting  transportation   to  a                                                                    
     juvenile detention  facility or  pending a  court order                                                                    
     in AS 47.10.990.                                                                                                           
                                                                                                                                
     Section 16.  AS 47.10.990(20): Deals with  Runaways and                                                                    
     Missing   Minors.  Updates   the  definition   used  to                                                                    
     describe  facilities   operated  by  the   Division  of                                                                    
     Juvenile Justice for the  temporary secure detention of                                                                    
     minors.                                                                                                                    
                                                                                                                                
     Section  17.  AS  47.12.025(c):  Arrest  procedure  for                                                                    
     juveniles Clarifies that the  described duties apply to                                                                    
     juvenile  probation   officers,  not   adult  probation                                                                    
     officer.  Updates language  used  to describe  juvenile                                                                    
     facilities and  other areas where delinquent  minor may                                                                    
     be held.                                                                                                                   
                                                                                                                                
     Section 18.  AS 47.12.120(b): Deals with  the placement                                                                    
     of  minors  who have  an  adjudication  order under  AS                                                                    
     47.12.120(b)(1).  Updates  terms  of  facilities  where                                                                    
     minors can be placed.                                                                                                      
                                                                                                                                
     Section  19. AS  47.12.120: Deals  with DNA  submission                                                                    
     for  minors.  Adds a  new  subsection  to clarify  that                                                                    
     minors  16 or  older may  be  ordered to  submit a  DNA                                                                    
     sample if adjudicated for certain crimes.                                                                                  
                                                                                                                                
     Section 20.  AS 47.12.240(a):  Deals with  placement of                                                                    
     minors  after court  commits them  and before  they are                                                                    
     convicted. Makes  conforming and  clarifying amendments                                                                    
     to the conditions under which a  minor may be held in a                                                                    
     facility housing adult prisoners  and the language used                                                                    
     to  describe facilities  operated  by  the Division  of                                                                    
     Juvenile Justice.                                                                                                          
                                                                                                                                
1:09:14 PM                                                                                                                    
                                                                                                                                
     Section  21.  AS  47.12.240(b):  Deals  with  temporary                                                                    
     holding  of minors  while  awaiting transport.  Updates                                                                    
     language  used to  describe  conditions  under which  a                                                                    
     minor  may   be  held  in  a   facility  housing  adult                                                                    
     prisoners and the language used to describe facilities                                                                     
     operated by the Division of Juvenile Justice.                                                                              
                                                                                                                                
     Section   22.  AS   47.12.245(b):  Deals   with  parole                                                                    
     officers   arresting   minors.   Clarifies   that   the                                                                    
     authority to  arrest a minor  rests with  juvenile, not                                                                    
     adult, probation officers.                                                                                                 
                                                                                                                                
     Section  23.  AS  47.12.250(a):  Deals  with  temporary                                                                    
     detention/  detention  hearings.   Clarifies  that  the                                                                    
     authority to detain a minor  rests with "juvenile," not                                                                    
     adult,  probations  offices.   Adds  "temporary  secure                                                                    
     juvenile holding areas" to the  list of approved placed                                                                    
     to hold juveniles.                                                                                                         
                                                                                                                                
     Section   24.  AS   47.12.270:   Deals  with   juvenile                                                                    
     probation  officers. Updates  the title  and duties  of                                                                    
     juvenile probation officers.                                                                                               
                                                                                                                                
     Section  25.  AS  47.12.310(d):  Deals  with  notifying                                                                    
     victims of crimes. Clarifies that  the department has a                                                                    
     duty to  notify victims when  a minor is  released from                                                                    
     any court ordered placement under AS 47.12.120(b)(1).                                                                      
                                                                                                                                
     Section  26.  AS  47.12.315(c):  Public  disclosure  of                                                                    
     information in  department records relating  to certain                                                                    
     minors.  Corrects 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  "alleged to  have                                                                    
     committed."                                                                                                                
                                                                                                                                
     Section  27. AS  47.12.990(7):  Deals with  definitions                                                                    
     and  institutions. Amends  the  definition of  juvenile                                                                    
     detention facility.                                                                                                        
                                                                                                                                
     Section  28. AS  47.12.990(12): Deals  with definitions                                                                    
     and institutions. Amends the definition of minor.                                                                          
                                                                                                                                
     Section  29. AS  47.12.990: Deals  with definitions  of                                                                    
     institutions.  Creates  new  definitions  for  juvenile                                                                    
     probation   officer,   juvenile   treatment   facility,                                                                    
     residential  child  care   facility,  temporary  secure                                                                    
     juvenile holding area.                                                                                                     
                                                                                                                                
1:11:01 PM                                                                                                                    
                                                                                                                                
     Section  30. AS  47.14.010:  Deals with  the powers  of                                                                    
     DHSS over  DJJ. Updates  language to  describe juvenile                                                                    
     facilities operated by the department.                                                                                     
                                                                                                                                
     Section 31. As 47.14.020: Deals  with the duties of the                                                                    
     department related  to the  custody of  minors. Updates                                                                    
     the  language  used  to  describe  juvenile  facilities                                                                    
     operated by the department.                                                                                                
                                                                                                                                
     Section 32.  AS 47.14.040: Deals with  the authority to                                                                    
     maintain and  operate facilities. Updates  the language                                                                    
     used  to describe  places  the  department can  operate                                                                    
     juvenile  facilities   to  reflect  the   diversity  of                                                                    
     Alaskan communities and entities,  such as the need for                                                                    
     airports  that   operate  "temporary   secure  juvenile                                                                    
     holding areas."                                                                                                            
                                                                                                                                
     Section 33.  AS 47.14.050(a): Deals with  the operation                                                                    
     of  homes and  facilities.  Repealed  and reenacted  to                                                                    
     update   the  language   used   to  describe   juvenile                                                                    
     facilities.                                                                                                                
                                                                                                                                
     Section 34.  AS 47.14.050(b): Deals with  the operation                                                                    
     of homes  and facilities.  Updates language  to reflect                                                                    
     the  diversity  of  Alaska   communities  that  may  be                                                                    
     authorized to operate juvenile detention facilities.                                                                       
                                                                                                                                
     Section  35.  AS   47.14.990(7):  Social  Services  and                                                                    
     Institutions  Definitions.  Updates the  definition  of                                                                    
     juvenile detention facilities                                                                                              
                                                                                                                                
     Section  36.   AS  47.14.990(14):  Deals   with  Social                                                                    
     Services  Institutions  and  Definitions.  Updates  the                                                                    
     definition of minor.                                                                                                       
                                                                                                                                
     Section 37.  AS 47.14.990:  Deals with  Social Services                                                                    
     Institutions and Definitions.  Adds new definitions for                                                                    
     juvenile   probation    officer,   juvenile   treatment                                                                    
     facility, and temporary secure juvenile holding area.                                                                      
                                                                                                                                
1:12:26 PM                                                                                                                    
                                                                                                                                
     Section  38.  AS  47.14.020(a):  Deals  with  mandatory                                                                    
     reporting  of child  abuse and  neglect. Adds  juvenile                                                                    
     probation officer, office staff,  and staff of juvenile                                                                    
     facilities to the list of mandatory reporters.                                                                             
                                                                                                                                
     Section   39.  AS   47.28.15.176:  Repealers.   Repeals                                                                    
     revocation  of juvenile  driver  licenses for  offenses                                                                    
     involving  a  controlled  substance that  were  handled                                                                    
     informally  by the  division.  Repeals definitions  for                                                                    
     the terms "juvenile detention  home" and "juvenile work                                                                    
     camp" and "treatment facility.                                                                                             
                                                                                                                                
     Section 40.  AS 11.41.425(b)(1)  Applicability section.                                                                    
     Applies  to sections  of the  bill related  to criminal                                                                    
     offenses.                                                                                                                  
                                                                                                                                
     Section   41.  Authorizes   the  department   to  adopt                                                                    
     regulations   to   implement   the   changes   of   the                                                                    
     legislation.                                                                                                               
                                                                                                                                
     Section   42.    Effective   date    for   regulations.                                                                    
     Immediately, allows DJJ to begin making changes.                                                                           
                                                                                                                                
1:13:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP noted that he had had the opportunity to go                                                                 
through the bill with its sponsor, a number of his questions                                                                    
were answered at that time and he will study the bill further.                                                                  
                                                                                                                                
REPRESENTATIVE REINBOLD offered her appreciation to the bill                                                                    
sponsor for meeting with her and answering her questions.                                                                       
                                                                                                                                
1:14:31 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 351.  After                                                                          
ascertaining no one wished to testify, closed public testimony                                                                  
on HB 351.                                                                                                                      
                                                                                                                                
[HB 351 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
HB351 ver N 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJUD 4/11/2018 7:00:00 PM
HB 351
HB351 Sponsor Statement 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJUD 4/11/2018 7:00:00 PM
HB 351
HB351 Explanation of Changes 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HB 351
HB351 Sectional Analysis 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HB 351
HB351 Supporting Document-Letter from DJJ 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HB 351
HB351 Additional Document-DJJ Responses to HSS Committee Questions 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HB 351
HB351 Fiscal Note DHSS-PS 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJUD 4/11/2018 7:00:00 PM
HB 351
HJR38 ver J 4.6.18.PDF HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 Sponsor Statement 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 Reference Documents with Index 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 Supporting Document-Letters & Public Comment 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 Supporting Document-Alaska Snowmobile Club Letter 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 Opposing Document-Letters 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 Opposing Document-Petro Star Inc. Letter 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 Opposing Document-ARRC Memo - Re ROW Ownership and Exclusivity 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 Fiscal Note LEG-SESS 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HJR38 PowerPoint Presentation 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HJR 38
HB075 Amendments #1-7 4.6.18.pdf HJUD 4/6/2018 1:00:00 PM
HB 75