Legislature(2021 - 2022)BUTROVICH 205

03/25/2021 01:30 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 26 REPEAL CERTIFICATE OF NEED PROGRAM TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
*+ SB 99 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Heard & Held
-- Invited & Public Testimony --
Bills Previously Heard/Scheduled
         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.                                                                                

Document Name Date/Time Subjects
SB 26 Version B.PDF SHSS 3/25/2021 1:30:00 PM
SB 26
SB 26 Sponsor Statement.pdf SHSS 3/25/2021 1:30:00 PM
SB 26
SB 26 Sectional Analysis.pdf SHSS 3/25/2021 1:30:00 PM
SB 26
SB 26 Fiscal Note 1 DHSS DSS.pdf SHSS 3/25/2021 1:30:00 PM
SB 26
SB 26 Fiscal Note 2 DHSS Medicaid Svcs.pdf SHSS 3/25/2021 1:30:00 PM
SB 26
SB 26 - Updated CON Power Point - 3.25.21.pdf SHSS 3/25/2021 1:30:00 PM
SB 26
SB 26 ASHNHA Letter of Opposition.pdf SHSS 3/25/2021 1:30:00 PM
SB 26
SB 26 Heartland Institute Letter of Support.docx.pdf SHSS 3/25/2021 1:30:00 PM
SB 26
SB 26 Letter of Support Marty Kincaid_Redacted.pdf SHSS 3/25/2021 1:30:00 PM
SB 26
SB 99 version A.pdf SHSS 3/25/2021 1:30:00 PM
SB 99
SB 99 v. A Sponsor Statement 3.18.2021.pdf SHSS 3/25/2021 1:30:00 PM
SB 99
SB 99 v. A Sectional Analysis 3.18.2021.pdf SHSS 3/25/2021 1:30:00 PM
SB 99
SB 99 Fiscal Note DHSS DJJ.pdf SHSS 3/25/2021 1:30:00 PM
SB 99
SB 99 Public Comment Imbriani 3.24.21_Redacted.pdf SHSS 3/25/2021 1:30:00 PM
SB 99