Legislature(1999 - 2000)
03/20/2000 01:40 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
HB 259-PUBLIC DEFENDER CHILDREN'S PROCEEDINGS
REPRESENTATIVE JOHN COGHILL, sponsor of HB 259, stated that under
Alaska statute AS 47.10.142 there is a mandated 48 hour hearing.
At this point, under current law, people do not qualify for
assistance from a public defender until indigence is determined.
This bill was introduced because once there is a determination a
child needs aid, people need to know what is going on in the court
room. SB 259 is an attempt to get counsel for people and apprise
the family of what the value of the court hearing is. SB 259
states that if there is a determination the parent or guardian can
pay, the court will assess them then. It is a matter of due
process, making sure people have good representation or, at least,
an understanding of what is happening in the courtroom.
SENATOR TORGERSON asked how there can be zero impact with the
Public Defender Agency representing children before they go through
the formal process. Senator Torgerson commented it appears the
bill was amended to take out this concern.
Number 330
REPRESENTATIVE COGHILL agreed, and said a "may" provision was added
to give them some latitude. He read testimony that was given by
the Public Defender Agency in the House State Affairs Committee,
"however in predicting the lack of any fiscal impact we are making
the following assumptions: First, we assume the bill will be
amended so we do not represent non-indigent people." Because of
this, a provision was added:
Continued representation of the person by the Public Defender
Agency after the hearing is held under AS 47.10.142(d) is
contingent on satisfaction of the eligibility requirements (a)
- (d) of this section, and it further states, If a person who
was represented by the Public Defender Agency at public
expense without a court order in connection with a hearing
held under AS 47.10.142(d) is not determined to be eligible
for court-appointed counsel at public expense under applicable
laws and court rules, the court shall assess against the
represented person the cost to the Public Defender Agency of
providing the representation.
REPRESENTATIVE COGHILL said that if there is an indigent
determination people will be able to continue on, and if there is
proof they are not indigent the court can assess costs back to the
parent or guardian. This bill simply allows the public defender to
get involved in a case earlier than normal.
Number 526
MR. BLAIR MCCUNE, Deputy Director for the Public Defender Agency
(PD), responded the PD has done a lot of work with Representative
Coghill in making sure this legislation will not impact them. Mr.
McCune has gone through the fiscal note and set out some of the
assumptions that will show no additional cost for the PD.
Number 581
SENATOR TORGERSON wondered if the bill is setting up procedure,
even though the word "may" is used, that any time there is an
emergency the PD will be called.
MR. MCCUNE responded the PD will only be involved if there is an
actual court proceeding.
SENATOR TORGERSON asked if the PD will be responding to every case
before a determination is made as to whether or not the parents
have the means to pay for the proceeding.
MR. MCCUNE commented that the PD has limited responses and an
immediate response cannot be made in every case. The "may be
represented" gives them some leeway in delaying if there are no
lawyers available.
SENATOR TORGERSON said the PD's office will probably be back next
year asking for a supplemental because the case load has gone up.
He sees no fiscal restraint on the bill. There is no determination
as to whether or not the PD should be involved in every case as
long as it meets the criteria of emergency removal. Senator
Torgerson responded he will not be supporting the bill because it
leaves a wide open fiscal note.
Number 779
MR. MCCUNE noted that eventually the PD is appointed in the
majority of these cases, and it is felt that early involvement will
allow them to do a better job for the client and enable the system
respond better.
Number 818
CHAIRMAN TAYLOR asked if problems in past cases could have been
avoided with earlier involvement from the PD, and is there in fact
a cost savings to the department from early intervention.
MR. MCCUNE responded that the actions in the early stages of a case
are to take an intake call, get a general idea of what is
happening, ask the secretary on the court run to pick up a copy of
the petition so they can make sure they know what the parent is
saying is accurate, then they can refer them for substance abuse
assessments. This is not a lot of work but it is work the PD will
eventually do, and he feels comfortable assuring the committee
there will be no fiscal impact.
SENATOR HALFORD moved CSHB 259(FIN) out of committee with
individual recommendations. There being no objection, the motion
carried.
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