Legislature(1993 - 1994)
04/10/1993 10:15 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SENATE BILL NO. 45(HES):
An Act relating to persons under 21 years of age;
providing for designation of shelters for runaway
minors; relating to the detention and incarceration of
minors; and providing for an effective date.
Senator Randy Phillips said that SB 45 dealt with runaway
youth under the age of 21. According to the Department of
Health & Social Services, there are about 3,500 runaway
youth in Alaska every year. He noted that a sectional
analysis and a position paper by the Department of Health &
Social Services had been provided to the committee (copy on
file). He said that this bill focuses on some problems of
youth by changing the statutes relating to persons under the
age of 21 as well as providing a mechanism for licensing
shelters. It would also change the definition of
contributing to the delinquency of a minor. Current
statutes provide that a person over the age of 19 may not
aid, induce, cause or encourage a child under the age of 16
to be absent from the custody of a parent or legal guardian.
The bill raises that age from 16 to 18. It also would
prohibit an unemancipated minor from working without the
permission of the minor's legal guardian after 10:00 p.m. or
9:00 p.m. on school nights if the minor is under age 16.
The bill would also allow parents of a minor child to file
an emancipation petition with the court on behalf of the
minor. It would allow parents who cannot compel a child to
remain in their custody and control, to initiate the process
that would make the child solely accountable for his/her own
actions. It would require parents to take steps to work
with the child before a minor could be emancipated. He said
that this bill also would add sections from SB 25, sponsored
by Senator Jim Duncan. He said that SB 45 was intended as a
one-step comprehensive look at statutes that pertain to
minor children. As a result of a conference held in Wasilla
in December 1991, the "Children's Crisis Booklet" had been
written and was offered to the committee.
Senator Phillips noted that the committee had before them an
amendment that provided an exemption for runaway shelters.
He said the amendment was at the request of Covenant House
Alaska, a runaway crisis center in Anchorage.
RANDALL HINES, Program Officer, Division of Family & Youth
Services, Department of Health & Social Services, introduced
Donna Schultz, Associate Coordinator and Pat O'Brien,
Program Officer, both from the Department of Health & Social
Services. Mr. Hines confirmed that the department had been
working with Senator Phillips on the issue of runaway and
homeless youth in his district and had developed
recommendations that came out of the aforemen-tioned runaway
and homeless youth conference. Another conference was held
this year and additional recommendations would be available
soon.
Senator Phillips asked for an explanation of sections taken
from SB 25. DONNA SCHULTZ, Associate Coordinator,
Department of Health & Social Services, said that those
sections would prohibit the confinement of youth in lockup
jails and correctional facilities except under special
conditions. The conditions that would allow the lockup
would be that a juvenile could be held on a criminal offense
for up to six hours before being transferred to a juvenile
facility. They may be held longer if transportation to a
juvenile facility is not possible. Such a situation could
happen in the bush if a plane or weather made it impossible
to transport the juvenile. Or a juvenile could be held in
protective custody if the juvenile was intoxicated.
Senator Kelly said that six hours seemed too short a time.
Ms. Schultz said that the six hour restriction had to do
with federal regulations that the state was required to
monitor. Senator Kelly asked if an exception was made if a
juvenile was under the influence of drugs. Ms. Schultz said
she did not know but if the juvenile was incapacitated it
seemed that would apply. She also said another exception
was made that a juvenile could be held for longer than six
hours if they had been waived to adult jurisdiction. She
said that since 1990 work was being done so the state could
receive federal funding money in this area. She said that
the state received about $325.0 a year to deal with the
juvenile justice program, and for the last few years the
state has had to seek waivers since it has not met the
federal mandates. The jail removal legislation was
dependent upon the state receiving those federal dollars.
SENATOR ROBIN TAYLOR voiced his concern that SB 45 did not
have a Judiciary Committee referral. He cited the long
battle regarding juvenile legislation. He felt there was a
series of problems with SB 45 that would further confiscate
the opportunity of a parent or the police to reasonably act
in regard to minors. He pointed out that there is not a
juvenile facility in Ketchikan.
Ms. Schultz said that one option since 1989 in Ketchikan as
well as other communities is a non-secured shelter where
juveniles can be placed instead of a lock-up or jail
facility. She said that it cost $171.0 to set up these
shelters. If the police cannot find the parents then
juveniles can be placed in these shelters and arrangements
can be made to find the parents or the juvenile can be taken
to another detention facility.
Senator Taylor raised a question regarding private
residences not being able to be used for shelters for
runaway minors, unless they are designated as a shelter for
runaways by a non-profit corporation that is licensed to do
that work. He did not think there was one home established
in the area he represented.
PAT O'BRIEN, Program Officer, Department of Health & Social
Services, said that those shelters Senator Taylor spoke to
were not available currently, but that this legislation
would create shelters. These shelters differ from the non-
secured shelters that Ms. Schultz described. She said that
in Wrangell and Craig, eight or nine people were on call to
care for juveniles.
Co-chair Pearce said that Sec. 3 through 8 changed the way
juveniles could be emancipated and allowed a parent or legal
custodian to petition to emancipate a juvenile. She asked
what happened to a minor that was emancipated by his/her
parent or guardian. Ms. Schultz said that although this
would allow a parent or guardian to file a petition to
emancipate a juvenile it would not change the standards by
which the judge would base that decision. Ms. Schultz said
the judge would have to look a the juvenile's ability to
support him/her self because the juvenile would be
considered as an adult in all aspects from the point he/she
is emancipated.
End SFC-93 #50, Side 1
Begin SFC-93 #52, Side 1
SENATOR BERT SHARP voiced his objection to the inclusion of
Sec. 13 in SB 45. Senator Kelly asked why SB 45 had not
gone to the Judiciary Committee. Co-chair Pearce suggested
that the committee pass the bill out of committee with a
recommendation of referral to the Judiciary Committee.
Senator Taylor said that he would be willing to work with
Senator Phillips regarding some of the issues raised.
Recess 11:05am
Reconvene 11:11am
End SFC-93 #52, Side 1
Begin SFC-93 #52, Side 2
Senator Kelly MOVED for adoption of an amendment by Senator
Phillips dated March 22, 1993 "8-LS0355\J.1 (copy on file)
amended to change "47.10.350(a) or" to "47.10.350(c) or".
Co-chair Pearce asked for a show of hands. The amendment as
amended was adopted on a vote of 4 to 1. (Senators Pearce,
Jacko, Kelly, and Sharp were in support. Senator Kerttula
was opposed.)
Co-chair Pearce announced that CSSB 45(FIN) would be HELD in
committee until Tuesday, April 13, 1993, enabling Senators
Phillips and Taylor to develop amendments on the areas of
concern.
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