Legislature(2021 - 2022)BUTROVICH 205
03/25/2021 01:30 PM HEALTH & SOCIAL SERVICES
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SB 99-JUVENILES: JUSTICE,FACILITES,TREATMENT 2:36:28 PM CHAIR WILSON reconvened the meeting and announced the consideration of SENATE BILL NO. 99 "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." He stated his intent to hear an overview of the bill, have a sectional analysis, and take public testimony. He asked the bill sponsor Senator Begich to explain the bill. He thanked Senator Begich for carrying this legislation. The chair's office had carried the bill for four years. It is a much needed update. 2:37:31 PM SENATOR BEGICH said that he is a proud former employee of the Department of Juvenile Justice (DJJ), so he is pleased to have an opportunity to present the bill that the chair had carried so well over the last few years. SB 99 is relatively noncontroversial, but it is an important bill because it makes clarifying changes to criminal justice and health and social services statutes to correct a number of outdated, incomplete, or inaccurate references to juvenile justice staff and facilities. In particular there is one issue from the 2013 where an employee of the DJJ abused someone in the employee's care. Because the employee did not have an authority designation, the employee was eventually acquitted of the crime. This bill will correct that egregious violation of those in custody. To go to the definitions portion of the bill, current statute uses the terms juvenile detention homes and juvenile work camps. The state no longer uses those definitions or descriptions. They are not in federal or local law. Those terms are outdated and inaccurate and not reflective of the facilities under DJJ's jurisdiction. The bill, as he said, corrects the court finding around DJJ staff and their position of authority. It adds juvenile probation officers and staff at juvenile facilities to the list of mandatory reporters for child abuse and neglect. It also provides legislators with clear references when developing legislation that affect the juvenile justice system. Bills have had drafting errors because of unclear references, such as a statute about minors consuming alcohol, which DJJ has not enforced in years. SENATOR BEGICH said the bill cleans up the law to reflect the reality of what DJJ does today. The bill was one of the casualties of COVID because COVID shortened the session last year. It had passed the House 35-0. He thanked the chair for cosponsoring the bill. 2:40:54 PM LOKI TOBIN, Staff, Senator Tom Begich, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for SB 99: Section 1. Amends AS 09.65.255 Liability for acts of minors to the list of facilities not held liable for acts of an unemancipated minor in their custody and conforms language. Section 2 through Section 4. Conforms language used in AS 11.41.425 and AS 11.41.427. Section 5. Amends AS 11.41.470 Definitions by including employees of juvenile treatment institutions and juvenile and adult probation officers in the definition of legal guardians. Section 6. Amends AS 11.41.470 Definitions by adding correctional employees, juvenile facility staff, treatment institution staff, juvenile probation officer, and adult probation officers to the list of persons able to exercise custodial control over a minor. 2:42:26 PM Section 7. Inserts new definition subsections under AS 11.41.470 Definitions. Section 9 through Section 12. Conforms language used in AS 14.07.020, AS 14.30.186, AS 17.37.070, and AS 18.20.449. Section 13. Conforms language used in AS 47.10.141 Runaway and missing minors. Section 14. Inserts a new subjection under AS 47.10.141 Runaway and missing minors to define "temporary secure juvenile holding area," and conforms definition under AS 47.12.990 Definitions. Section 15. Conforms language used in AS 47.10.990 Definitions. Section 16. Conforms language used in AS 47.12.025 Special provisions for certain persons considered to be minors. Section 17. Amends AS 47.12.030 Provisions inapplicable by inserting AS 04.16.050 Possession, control, or consumption by persons under 21 years of age to the list of legal proceedings that result from a violation which a legal guardian of an accused minor must be present for. Section 18. Amends AS 47.12.040 Investigation and petition by clarifying the Division of Juvenile Justice (the division) may file amended or supplemental petitions, and that the courts may authorize an amended or supplemental petition if additional facts are determined. Section 19. Clarifies type of detention facility described in AS 47.12.120 Judgements and orders and inserts, "secure residential psychiatric treatment center," to places a minor in custody of the division may be placed. 2:43:50 PM Section 20. Includes "juvenile treatment facility, juvenile detention facility, secure residential psychiatric treatment center" in AS 47.12.140 Court disposition order as locations a minor in custody of the division may be placed. Section 21. Amends AS 47.12.150 Legal custody, guardianship, and residual parental rights and responsibilities by inserting AS 47.12.240 Detention of minors to the list of statutes that apply when legal custody of a minor must be established. Section 22. Conforms language used in AS 47.12.240 Detention of minors and clarifies locations exempted under this section. Section 23. Updates locations used in AS 47.12.240 Detention of minors. Section 24. Clarifies the type of probation officer in AS 47.12.245 Arrest and clarifies language used in "conditions of conduct." Section 25. Clarifies language in AS 47.12.250 Temporary detention and detention hearing and inserts, "temporary secure juvenile holding area," as a location a minor in custody of the division may be detained. Section 26. Repeals AS 47.12.270 Youth counselors and reenacts statute using conforming language. Section 27. Amends AS 47.12.310 Agency records by referencing AS 47.12.120 Judgement and orders to ensure proper notification is given to a victim. Section 28. Amends AS 47.12.315 Public disclosure of information in department records relating to certain minors by clarifying which type of offense the division may disclose to the public or by request. Section 29. Clarifies the definition of a "juvenile detention facility" used in AS 47.12.315 Public disclosure of information in department records relating to certain minors. Section 30. Clarifies the definition of minor used in AS 47.12.990 Definitions. Section 31. Inserts new definitions under AS 47.12.990 Definitions for "juvenile probation officer," "juvenile treatment facility," "residential childcare facility," and "temporary secure juvenile holding area. 2:45:56 PM Section 32. Conforms language used in AS 47.14.010 General powers of department over juvenile institutions. Section 33. Conforms language used in 47.14.020 Duties of department. Section 34. Conforms language used in AS 47.14.040 Authority to maintain and operate home, work camp, or facility and inserts, "temporary secure juvenile holding area, juvenile detention facility, or juvenile treatment facility," to the locations permitted to be operated by a municipality or nonprofit. Section 35. Repeals and reenacts AS 47.14.050 Operation of homes and facilities to clarify which facilities the Department of Health and Social Services (the department) may adopt standards and regulations for. Section 36. Conforms language used in AS 47.14.050 Operation of homes and facilities. Section 37 through Section 38. Conforms language used in AS 47.14.990 Definitions. Section 39. Inserts new definition subsections under AS 47.14.990 Definitions. Section 40. Amends AS 47.14.020 Duties of department to include juvenile probation officers, juvenile probation office staff, and staff of juvenile detention and treatment facilities as required to report evidence of child abuse or neglect. Section 41. Repeals outdated definitions for "juvenile detention home," "juvenile work camp," and "treatment facility" used in AS 47.12.990 and AS 47.14.990. Repeals revocation of juvenile driver licenses for offenses involving a controlled substance that was handled informally by the division used in AS 28.15.176. Repeals revocation of driver license for offenses that were unrelated to driving and handled informally by the division used in AS 47.12.060. Section 42. Establishes applicability language for offenses committed on or after effective date for Section 2 through Section 8 and 17 of this Act. Section 43. Adds transition language authorizing the department to adopt regulations to implement the changes made under this legislation. Section 44. Establishes an immediate effective date SENATOR BEGICH said the repeal under Section 41 does not take away the ability of the court to revoke a minor's driver's license. A change to statute in 2016 removed a rarely used defense called habitual minor consuming alcohol. DJJ never used one of the actions. Mr. Davidson can speak to how it clears up an error made in SB 165. 2:48:15 PM SENATOR HUGHES said the committee received a letter from Louis [Imbriani]. She asked if it was an automatic revocation and then juveniles could go through treatment but now it is being repealed. SENATOR BEGICH said he is very familiar with both programs. Neither of these programs go away. The Volunteers of America program and [Juvenile] ASAP (Alcohol Safety Action Program) have been operating through the district court. They do not use the DJJ in that regard. The program has already been shifted to the district court. It doesn't go away. The options that Mr. Imbriani identified will continue to be used as an alternative to detention or for treatment options. This was a drafting error in a bill from 2016. It is a mess in the law. DJJ could give a more formal response. SENATOR HUGHES said that it is not changing way the way it is currently handled. She clarified, and Senator Begich affirmed, that young people will still go through treatment. CHAIR WILSON asked Matt Davidson to comment. 2:50:15 PM MATT DAVIDSON, Social Services Program Officer, Division of Juvenile Justice, Department of Health and Social Services (DHSS), Juneau, Alaska, said that Senator Begich's description is correct. Related to alcohol, the division has never had much of a role for minors consuming. It has been handled by district court. There was a crime called habitual minor consuming. When that crime was in effect, DJJ did repeal driver's licenses. Nancy Meade from the court is online because of this question about how driver's licenses are revoked. This bill has no impact on the courts or the Division of Motor Vehicles to repeal driver's licenses. SENATOR BEGICH said that he was chair of the Juvenile Justice Committee during the Hickel administration. The committee moved to change minors consuming to a district court authority. It was felt that it was a more appropriate way to deal with juveniles to keep them out of the justice system and to get them into treatment. 2:52:22 PM CHAIR WILSON opened public testimony and after ascertaining there was none, closed public testimony. SENATOR BEGICH said that he appreciated Mr. Imbriani. He always has good suggestions and Senator Begich wanted to thanked him for his comments. Senator Begich is hopeful the bill will be passed rapidly. The statutes need to brought into compliance. 2:53:39 PM CHAIR WILSON said that he would love to have juvenile detention camps off the books. He held SB 99 in committee.