Legislature(2001 - 2002)
04/20/2001 02:05 PM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
The committee took up SB 178. SB 178-DETENTION OF DELINQUENT MINORS HOLLY MORRIS, staff to Senator Therriault, sponsor of SB 178, explained that SB 178 incorporates language from a federal regulation into Alaska statute to optimize funding opportunities. The new statutory language will allow a juvenile to be held in an adult facility for 24 hours if a court hearing takes place within that time. There are two exceptions to the 24 hour limit: in the case of adverse weather and if moving the juvenile to a juvenile facility would endanger the juvenile. The 48-hour limit currently in statute is still an option with the exceptions in the regulation. SENATOR WARD asked why the change is needed. MS. MORRIS explained the change will bring Alaska's statutory language into compliance with federal regulations. Compliance will enhance the state's ability to maintain and gain federal funding. However, state officials will be able to continue to hold juveniles in an adult facility for 48 hours if that is the safest option. The change appears to reduce the hours of detention in an adult facility, but with the exceptions listed, juveniles can be held for 48 hours. SENATOR WARD asked which programs will now qualify with the statutory change. MR. ROBERT BUTTCANE, Division of Juvenile Justice, Department of Health and Social Services, informed committee members that federal formula funds currently fund programs such as attendant care shelters, electronic monitoring, mentoring programs, youth courts, and elders courts. Those programs are alternative detention programs for juveniles who do not need secure confinement after they have been arrested. By enacting a 24-hour arraignment provision in Alaska statute for juveniles held in adult jails, the state will preserve an opportunity to claim exceptions to certain time thresholds that Alaska does not now because state law contains a 48-hour limit. He pointed out there are six youth facilities around the state, but there are more than 250 communities that occasionally arrest a juvenile offender and need to hold that offender. MR. BUTTCANE said under federal law, a juvenile offender can be held in an adult jail for up to six hours without incurring any kind of federal violation. After six hours, federal funding can be jeopardized. Because of Alaska's expansive geography and limited transportation infrastructure, it is impossible at times to move a juvenile who has been arrested from a village jail to a juvenile facility within the six hour time frame. Enacting a 24-hour arraignment will allow state officials to do a couple of things. The juvenile will be brought before the court within 24 hours so that judicial review will take place to make sure the juvenile is being treated properly. Second, it will give state officials access to the exceptions that allow the juvenile to be held in an adult jail until it is safe to transport that individual. It is a practice that now takes place: juveniles are not held in adult jails any longer than absolutely necessary. SB 178 will provide a mechanism to continue current practices and preserve Alaska's entitlement to federal funds. SENATOR WARD asked how many juveniles were held in adult facilities last year. MR. BUTTCANE informed committee members that a chart of statistics was placed in members' packets. According to that chart, 223 juveniles were held in adult facilities for anywhere from 1 to 28 hours. SENATOR WARD asked for elaboration on electronic monitoring. MR. BUTTCANE said the threshold is six hours but with the exceptions the time period can be extended for periods necessary to ensure safe transportation. For example, a juvenile could be held for six hours or until the storm passes. A penalty is assessed for any violations and funds are withdrawn from the federal grant program. Withdrawal of funds impacts the state's ability to designate use of those funds like electronic monitoring, alternative care shelters or youth corps. SENATOR WARD asked if it is a bigger pot. MR. BUTTCANE said it is a much bigger pot and it has a domino effect. SENATOR WARD asked how much money was lost last year because of violations. MR. BUTTCANE said the state has not lost any money yet. Last year, Senator Stevens was able to enact exemption for Alaska that will expire in 2002. Number 1417 SENATOR WARD asked how much the state would have lost without that exemption. MR. BUTTCANE said last year the state would have lost $168,000 out of about $672,000. He added that not only would the state lose $168,000, it would have to dedicate all of the remaining $500,000 to correct the problem of holding juveniles in adult jails longer than six hours. He surmised that would be a problem because of the high costs associated with a transportation infrastructure or establishing juvenile facilities in each community. He pointed out the violations are associated with a very small number of juveniles. With no further questions or discussion, SENATOR DAVIS moved SB 178 from committee with individual recommendations and its zero fiscal note. There being no objection, the motion carried.
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