Legislature(1997 - 1998)
02/12/1997 01:03 PM House JUD
| Audio | Topic |
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
February 12, 1997
1:03 p.m.
MEMBERS PRESENT
Representative Joe Green, Chairman
Representative Con Bunde, Vice Chairman
Representative Brian Porter
Representative Jeannette James
Representative Norman Rokeberg
Representative Eric Croft
Representative Ethan Berkowitz
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 6
"An Act amending laws relating to the disclosure of information
relating to certain minors."
- HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE
HOUSE BILL NO. 3
"An Act relating to disclosures of information about certain
minors."
- HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE
HOUSE CONCURRENT RESOLUTION NO. 4
Relating to records generated and maintained by the Department of
Health and Social Services.
- HEARD AND HELD; ASSIGNED TO SUBCOMMITTEE
* SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 69
"An Act relating to designating flunitrazepam as a schedule IVA
controlled substance; and providing for an effective date."
- MOVED SSHB 69 OUT OF COMMITTEE
HOUSE BILL NO. 30
"An Act relating to civil liability for skateboarding; and
providing for an effective date."
- SCHEDULED BUT NOT HEARD
(* First public hearing)
PREVIOUS ACTION
BILL: HB 6
SHORT TITLE: RELEASE OF INFORMATION ABOUT MINORS
SPONSOR(S): REPRESENTATIVE(S) KELLY, Therriault, Vezey, Ogan,
Dyson, Phillips, Ryan
JRN-DATE JRN-PG ACTION
01/13/97 28 (H) PREFILE RELEASED 1/3/97
01/13/97 28 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 28 (H) HES, JUDICIARY
01/14/97 59 (H) COSPONSOR(S): PHILLIPS
01/23/97 (H) HES AT 3:00 PM CAPITOL 106
01/23/97 (H) MINUTE(HES)
01/28/97 (H) HES AT 3:00 PM CAPITOL 106
01/28/97 (H) MINUTE(HES)
01/29/97 175 (H) COSPONSOR(S): RYAN
01/31/97 185 (H) HES RPT CS(HES) NT 4DP 2NR 1AM
01/31/97 185 (H) DP: DYSON, GREEN, BUNDE, PORTER
01/31/97 185 (H) NR: BRICE, KEMPLEN
01/31/97 185 (H) AM: VEZEY
01/31/97 186 (H) 8 FISCAL NOTES (HES)
01/31/97 186 (H) 3 ZERO FISCAL NOTES (DPS, ADM, LAW)
01/31/97 186 (H) CMTE REC FINANCE REFERRAL
01/31/97 186 (H) REFERRED TO JUDICIARY
02/03/97 228 (H) FIN REFERRAL ADDED
02/07/97 (H) JUD AT 1:00 PM CAPITOL 120
02/07/97 (H) MINUTE(JUD)
02/10/97 (H) JUD AT 1:00 PM CAPITOL 120
02/10/97 (H) MINUTE(JUD)
02/12/97 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HB 3
SHORT TITLE: DISCLOSURES RE FELONY ARRESTS OF MINORS
SPONSOR(S): REPRESENTATIVE(S) KOTT, Kelly, Cowdery, Ogan
JRN-DATE JRN-PG ACTION
01/13/97 27 (H) PREFILE RELEASED 1/3/97
01/13/97 27 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 28 (H) JUDICIARY
02/07/97 (H) JUD AT 1:00 PM CAPITOL 120
02/07/97 (H) MINUTE(JUD)
02/07/97 277 (H) COSPONSOR(S): COWDERY
02/10/97 (H) JUD AT 1:00 PM CAPITOL 120
02/10/97 (H) MINUTE(JUD)
02/12/97 (H) JUD AT 1:00 PM CAPITOL 120
BILL: HCR 4
SHORT TITLE: SEPARATE RECORDS FOR DELINQUENTS & CINA
SPONSOR(S): REPRESENTATIVE(S) KELLY, Phillips, Dyson, Ryan
JRN-DATE JRN-PG ACTION
01/13/97 21 (H) READ THE FIRST TIME - REFERRAL(S)
01/13/97 21 (H) HES, FINANCE
01/14/97 59 (H) COSPONSOR(S): PHILLIPS
01/15/97 78 (H) COSPONSOR(S): DYSON
01/23/97 (H) HES AT 3:00 PM CAPITOL 106
01/23/97 (H) MINUTE(HES)
01/28/97 (H) HES AT 3:00 PM CAPITOL 106
01/28/97 (H) MINUTE(HES)
01/29/97 174 (H) COSPONSOR(S): RYAN
01/31/97 183 (H) HES RPT 7DP
01/31/97 183 (H) DP: DYSON, GREEN, BUNDE, KEMPLEN, BRICE
01/31/97 183 (H) PORTER, VEZEY
01/31/97 183 (H) 2 ZERO FNS (ADM, HES)
02/03/97 227 (H) JUD REFERRAL ADDED
02/03/97 227 (H) REMOVED FROM FINANCE
02/03/97 227 (H) REFERRED TO JUDICIARY
02/10/97 (H) JUD AT 1:00 PM CAPITOL 120
02/10/97 (H) MINUTE(JUD)
02/12/97 (H) JUD AT 1:00 PM CAPITOL 120
BILL: SSHB 69
SHORT TITLE: ROHYPNOL AS SCHEDULE IV-A DRUG
SPONSOR(S): REPRESENTATIVE(S) VEZEY
JRN-DATE JRN-PG ACTION
01/15/97 67 (H) READ THE FIRST TIME - REFERRAL(S)
01/15/97 67 (H) JUDICIARY, FINANCE
02/07/97 264 (H) SPONSOR SUBSTITUTE
INTRODUCED-REFERRALS
02/07/97 264 (H) READ THE FIRST TIME - REFERRAL(S)
02/07/97 264 (H) JUDICIARY, FINANCE
02/12/97 (H) JUD AT 1:00 PM CAPITOL 120
WITNESS REGISTER
REPRESENTATIVE PETE KELLY
Alaska State Legislature
Capitol Building, Room 411
Juneau, Alaska 99811
Telephone: (907) 465-5241
POSITION STATEMENT: Prime Sponsor, HB 6.
DIANE WORLEY, Director
Division of Family and Youth Services
Department of Health and Social Services
P.O. 110630
Juneau, Alaska 99811-0630
Telephone: (907) 465-3191
POSITION STATEMENT: Provided testimony on HB 6.
MICHAEL KIRK, Retired School Teacher
1718 Evergreen Avenue
Juneau, Alaska 99801
(No telephone number provided)
POSITION STATEMENT: Provided testimony on HB 6.
AL NEAR
1566 LaRue Lane
Fairbanks, Alaska 99708
Telephone: (907) 479-4090
POSITION STATEMENT: Provided testimony on HB 6.
CAM CARLSON
P.O. Box 80234
Fairbanks, Alaska 99708
Telephone: (907) 479-2348
POSITION STATEMENT: Provided testimony on HB 6.
REPRESENTATIVE AL VEZEY
Alaska State Legislature
Capitol Building, Room 13
Juneau, Alaska 99811
Telephone: (907) 465-3719
POSITION STATEMENT: Prime Sponsor, SSHB 69.
GEORGE TAFT, Director
Alaska Crime Lab
5500 East Tudor Road
Anchorage, Alaska 99507-1221
Telephone: (907) 269-5740
POSITION STATEMENT: Provided testimony on SSHB 69.
EVERETT CLEARY, Toxicologist
Alaska Crime Lab
5500 East Tudor Road
Anchorage, Alaska 99507-1221
Telephone: (907) 269-5740
POSITION STATEMENT: Provided testimony on SSHB 69.
DON DAPCEVICH, Executive Director
Advisory Board on Alcoholism and Drug Abuse
1880 Wickersham Avenue
Juneau, Alaska 99801
Telephone: (907) 586-2173
POSITION STATEMENT: Testified in favor of SSHB 69.
JERRY LUCKHAUPT, Attorney
Legislative Legal and Research Services
Legislative Affairs Agency
130 Seward Street, Suite 409
Juneau, Alaska 99801
Telephone: (907) 465-2450
POSITION STATEMENT: Provided testimony on SSHB 69.
ACTION NARRATIVE
TAPE 97-15, SIDE A
Number 001
CHAIRMAN JOE GREEN called the House Judiciary Standing Committee to
order at 1:03 p.m. Members present at the call to order were
Representatives Con Bunde, Brian Porter, Norman Rokeberg, Eric
Croft, Ethan Berkowitz and Chairman Joe Green.
HB 6 - RELEASE OF INFORMATION ABOUT MINORS
HB 3 - DISCLOSURES RE FELONY ARRESTS OF MINORS
HCR 4 - SEPARATE RECORDS FOR DELINQUENTS & CINA
Number 160
CHAIRMAN GREEN announced the committee would consider three bills:
HB 6, "An Act amending laws relating to the disclosure of
information relating to certain minors," HB 3, "An Act relating to
disclosures of information about certain minors," and HCR 4,
relating to records generated and maintained by the Department of
Health and Social Services.
CHAIRMAN GREEN said they would first consider HB 6. The committee
had completed taking testimony on HCR 4 and HB 3 at previous
hearings; however, if persons in the audience or on teleconference
wished to provide comments, Chairman Green suggested they fax their
statement to committee staff and it would be included in the
record. He noted that copies of Committee Substitutes would be
available at the Legislative Information Offices.
REPRESENTATIVE PETE KELLY, prime sponsor of HB 6, advised members
that the Youth Corrections Section of the Division of Family and
Youth Services (DFYS), within the Department of Health and Social
Services (DHSS), is authorized to act on behalf of the court to
charge, investigate and either informally settle a matter out of
court or file charges and bring the matter before the court when
involving a minor.
Representative James arrived.
REPRESENTATIVE KELLY explained that HB 6 addresses youth who commit
crimes and what procedures are taken because of the offense
committed. Approximately 85 percent of the cases are informally
adjusted by the probation officers in DFYS, and 15 percent of the
cases are brought before the court for formal adjudication.
Representative Kelly advised members that HB 6 would address both
those situations.
REPRESENTATIVE KELLY advised members that the bill would provide
for the release of juvenile information at the adjustment phase for
certain crimes against persons, as well as at adjudication for
other crimes.
REPRESENTATIVE KELLY directed members' attention to chart which
presented a time line of events and how they would be handled under
HB 6. When a juvenile is arrested, the police make a referral to
DFYS at which point a preliminary investigation is conducted. At
that point, the division could also make a determination as to
whether formal court action would be necessary. If such action is
necessary, the division would file a petition which would go before
the court and then a formal adjudication would take place by the
court with the outcome being restitution, rehabilitation or
placement.
REPRESENTATIVE KELLY continued, noting if the DFYS chose not to
refer a particular case to the court for formal adjudication, they
would begin counseling with the minor. If the minor admits guilt,
an informal adjustment would take place, and as in formal
adjudication proceedings, the minor would be faced with certain
penalties, rehabilitation programs or placement. If under the
informal adjustment stage the division determines the minor did not
commit the crime, that record would also be released under HB 6.
REPRESENTATIVE KELLY pointed out that during the informal
adjustment period if the division was unable to gain cooperation
from the minor, the division could file a petition and the case
would be referred to the court at that time.
REPRESENTATIVE CON BUNDE asked at what point disclosure took place.
REPRESENTATIVE KELLY advised members disclosure would take place
after the minor had admitted guilt and consented to the outcome.
REPRESENTATIVE BUNDE stated that if during the preliminary
investigation there was no evidence of the minor committing a
crime, the process should stop at that point with no information
being disclosed.
REPRESENTATIVE KELLY agreed that it would not be necessary to
release information in that type of situation.
Number 790
REPRESENTATIVE ERIC CROFT expressed if the preliminary
investigation showed no evidence that the juvenile committed the
crime, HB 6 would not authorize disclosure, yet the problem would
still exist of how to cure a faulty arrest disclosure under HB 3.
He asked Representative Kelly if that would be a correct
assumption.
Number 821
CHAIRMAN GREEN called for a brief at-ease at 1:15 p.m. He called
the meeting back to order at 1:18 p.m.
REPRESENTATIVE KELLY felt that could be corrected in HB 3, or
thought it would be reasonable to put discretionary language in HB
6, giving the department the discretion to release that information
if need be. He suggested that "may" language would allow the
department the discretion to release the records of a matter that
was not adjusted, for a proceeding that had been closed, in order
to protect the minor.
Number 887
REPRESENTATIVE CROFT agreed if the problem was caused in HB 3, it
should be addressed in that bill.
REPRESENTATIVE PORTER pointed out that if HB 6 was the only bill to
pass, in its current form, that it would still leave DFYS in a
position of not being able to release an adjustment or
determination of no probable cause when that information could be
published in some other way. He noted that the news media ignored
the matter of confidentiality in many instances. If that were to
happen, Representative Porter would not want to prevent DFYS from
correcting the matter.
Number 983
REPRESENTATIVE JAMES expressed her concern of one bill depending on
another bill and she felt that it would be necessary to be very
careful because once reported out of the House Judiciary Committee
the bills would take on a life of their own.
Number 1060
REPRESENTATIVE PORTER moved to adopt the proposed committee
substitute for HB 6 for the purpose of discussion. There being no
objection, CSHB 6(JUD) was adopted.
REPRESENTATIVE KELLY explained that the difference in the committee
substitute was a result of many discussions with the
administration. Representative Kelly advised members that the
committee substitute would provide for disclosure at adjustment of
crimes against persons, and a list of felonies that are
particularly dangerous; arson, burglary, distribution of child
pornography, promoting prostitution in the first degree, misconduct
involving a controlled substance, to manufacture or deliver,
causing physical injury and use of a dangerous instrument.
REPRESENTATIVE KELLY stated that the bill still addressed
misdemeanors, although not to the extent as in the previous
version. Representative Kelly advised members that he was
concerned about the attitude of a juvenile as they relate to law
enforcement. That was addressed in the proposed committee
substitute under Section 4, page 3, beginning on line 5, that there
will be disclosure at, "the minor's alleged commission of an
offense that is a misdemeanor and the minor has previously failed
(A) to comply with the terms of a restitution plan or order; (B) to
engage in a rehabilitation program ordered by a court or required
by a facility or juvenile probation officer; or (C) to comply with
a court ordered or probation officer required placement plan."
Representative Kelly pointed out that the rehabilitation programs
could include not only substance abuse programs, but shoplifting
classes as well.
REPRESENTATIVE KELLY explained that rather than the number of
misdemeanors a juvenile commits, his or her attitude towards those
misdemeanors would also be considered under the new proposed
committee substitute. This would provide the department a tool if
the individual was not complying with the rehabilitation orders or
restitution to release the name of the juvenile.
REPRESENTATIVE KELLY pointed out that the names of juveniles 16
years of age and older would be released on all felonies at
adjudication.
REPRESENTATIVE BERKOWITZ referenced the charge of a misdemeanor
which causes physical injury to a person, and advised members that
that would be a charge of 4th degree assault, and the definition of
physical injury was physical pain. He pointed out that if a child
punched someone in the arm it could be prosecuted as a 4th degree
assault. Representative Berkowitz asked if those assaults would
result in the release of information under the new proposed
committee substitute.
REPRESENTATIVE KELLY noted that 4th degree assault could be
something far more serious than that, and that it would result in
the release of information under the proposed committee substitute.
REPRESENTATIVE BERKOWITZ referenced page 4, the language relating
to the recognition of a failure to comply, and asked if that was
subsequent to some sort of revocation proceeding in a court.
REPRESENTATIVE KELLY stated that it would be within the DFYS, not
the court system. He asked Representative Berkowitz to explain
what he was calling a revocation proceeding.
Number 1432
REPRESENTATIVE BERKOWITZ pointed out that an example placed within
the bill language was a juvenile's failure to engage in an ordered
rehabilitation program. He advised members that it was known that
there was a substantial backlog in those programs and it could be
difficult to get enrolled in one. Representative Berkowitz noted
that he had seen the defense raised that the juvenile had been
attempting to comply, and courts find "attempting to comply
defense" acceptable. He stated that if there was going to be a
different standard for juveniles who were attempting to comply, and
their name is still released, that it could pose some equal
protection problems.
REPRESENTATIVE KELLY felt that one of the reasons they arrived at
that forum for the misdemeanors was that it would still provide the
department some discretion. He expressed that it would be somewhat
of a subjective call to comply with the terms of a restitution
plan, and that would be up to the probation officer to either note
compliance or noncompliance.
REPRESENTATIVE NORMAN ROKEBERG pointed out that he could not find
any discretionary language in the proposed committee substitute.
REPRESENTATIVE KELLY explained that the probation officers would be
the ones having that discretion as to whether the juvenile complied
or not.
REPRESENTATIVE ROKEBERG felt if that was the intent that language
should be included in the bill granting that discretion.
REPRESENTATIVE PORTER stated that there would not be any discretion
once the department determined there had been a failure to comply
with one of the listed provisions; however, it was up to the
department to determine compliance or noncompliance. It was
doubtful, in his mind, that the department would violate their
probation and release the juvenile's name if they failed to engage
in a rehabilitation program that was not readily available.
Representative Porter further stated that a situation such as that
would not be considered a failure to engage in the program, but a
failure to be allowed to engage in the program.
Number 1677
DIANE WORLEY, Director, Division of Family and Youth Services,
Department of Health and Social Services, advised members she had
only just received the new proposed committee substitute; however,
she advised members that in many communities adequate treatment
services were not available and many juveniles did get placed on
waiting lists and remained there for an extended period of time.
She stated that not only for services available out in the
community, but even when they have a B-1 order to go into the
department's facility, the individual is often times held in
detention waiting to get into the treatment programs. Ms. Worley
advised members the department would want that type of discretion
within the proposed legislation because it would not be fair to a
youth who was truly trying to comply but was unable to because of
the unavailability of immediate placement into a program.
REPRESENTATIVE PORTER noted that the proposed committee substitute
set an age limit for those petitioned and determined to be guilty,
yet there was no age limit imposed on those who are adjusted. He
stated that in effect, the only juveniles that would go through the
adjudication, formal court petition process and have their names
released would take place anyway because they had been waived to
adult court. Also, there could be some felony cases who claim
innocence, which would result in having to prove the individual
committed the crime. Representative Porter stated that there was
no age limit on releasing the names of juveniles who admit guilt.
He asked that members of the subcommittee consider that during
their deliberations.
REPRESENTATIVE KELLY responded that the age differences were based
on the nature of the crime. He stated that the names of the
younger criminals would be released if they posed more of a threat
to public safety. It was felt the juvenile 16 years of age should
know better and the name would be released; however, the concern of
those juveniles younger than age 16 was the threat to public
safety.
REPRESENTATIVE ROKEBERG pointed out that there was not an updated
fiscal note from the department and asked Ms. Worley if that would
be forthcoming.
MS. WORLEY reiterated that she had not had the chance to review the
new proposed committee substitute, but a fiscal note would be
prepared and provided to relate to that version of the bill.
MS. WORLEY advised members if the department began to release names
of juveniles at the adjustment phase that the DFYS would lose the
incentive for the child and parents to sit down and negotiate,
which would then result in court action. Ms. Worley felt that
could fiscally impact the court system and asked members of the
subcommittee to consider that.
REPRESENTATIVE ROKEBERG wanted to assure there was no duplication
of fiscal needs between the three proposed pieces of legislation:
HCR 4, HB 3 and HB 6.
TAPE 97-15, SIDE B
Number 000
REPRESENTATIVE CROFT asked why it would be necessary to include the
name of the parent when information is disclosed.
REPRESENTATIVE KELLY felt that was something the subcommittee could
consider, adding that he did not know if that would be important or
not.
CHAIRMAN GREEN assigned HCR 4, HB 3 and HB 6 to a subcommittee
consisting of Representative Bunde as Chair, along with
Representatives Porter and Croft.
MICHAEL KIRK, retired school teacher, expressed that no gadget
would solve a problem if there was no resolve from the people
empowered to make the decisions. Mr. Kirk made reference to the
conversations relating to dollars and advised members that the
school system did not expel children from schools anymore for fear
of the loss of funds, and that results in punishing the children
that are in school trying to do their best.
MR. KIRK advised members he was not in support of punishment, not
even for adults; however, he did believe in restitution and
rehabilitation when possible. He pointed out that he quit teaching
two and a half months into the school year out of disgust; not with
the youngsters, but with the adults. Mr. Kirk advised members he
was upset with the adults who had no resolve because everything was
ambiguous and ambivalent, and youngsters who were begging someone
to show them the way have no one to look to.
MR. KIRK provided an example for the members and subcommittee to
consider when discussing the three pieces of legislation. He was
walking down a school hallway and came upon a youngster
vandalizing a locker which had just been repaired over the summer
and he put his hand on his or her shoulder and said, "That's really
an artistic job." And the youngster says, "You mean you like it?"
Mr. Kirk says, "No, I didn't say I liked it, I said it was an
artistic job." So, the youngster says, "Well, what are you going
to do about it?" Mr. Kirk says, "I am going to do nothing, you
have just volunteered to help the custodian for a week. And since
you can't fix lockers, you will have to sweep and to scrub an hour
after school each day." Mr. Kirk noted that he would then call the
parent to advise what he had assigned their child to do. Mr. Kirk
stated that the next day he was called into the office and told,
"We have already cancelled your assignment and you have a reprimand
in your file."
CHAIRMAN GREEN thanked Mr. Kirk for his comments.
REPRESENTATIVE JAMES appreciated the comments presented by Mr.
Kirk, as well.
REPRESENTATIVE ROKEBERG asked Mr. Kirk how he felt about releasing
the names of parents.
MR. KIRK stated that if only the child was named there could be
other families with the same last name and that could create a
situation where all the families could be perceived as guilty. It
was his recommendation that the parents are named so that sort of
confusion or condemnation would not be the result.
REPRESENTATIVE PORTER expressed his appreciation of the comments
and suggestions presented by Mr. Kirk.
AL NEAR, Fairbanks resident, stated that as a recent victim of
juvenile crime he had seen first hand how ineffective the justice
system handles the growing problem of juvenile crime. He noted
that the delinquents in the case he was making reference to were
apprehended, but it took the presence of a dozen victims at the
court house to keep the young offenders in custody. After that
point, victims were shut out of subsequent hearings because of the
disclosure laws, and the court petitions did not include the
victim's names until weeks later after the juveniles had been
released. Mr. Near pointed out that one of the juveniles continued
to burglarize and vandalize until he was apprehended again;
however, that time he shot and almost killed the arresting officer.
Mr. Near advised members that he felt the approach to disclosure in
the proposed committee substitute, HB 6, was a very good start.
CHAIRMAN GREEN requested the subcommittee to look at the age they
felt full disclosure should be made and the degree of crime that
had been modified in the new proposed committee substitute.
CAM CARLSON, resident of Fairbanks, expressed that there was a time
when confidentiality was not the rule of the day. She felt it was
necessary to do away with confidentiality and that juveniles should
be caught and exposed the first time they commit a wrong doing.
Ms. Carlson pointed out that a strong component of deterring adults
and youth from committing crimes was public awareness of what they
had done, adding that public humiliation was a very strong medicine
that worked.
MS. CARLSON stated that the current mode of confidentiality was
treated as a joke by the youth, themselves. They feel that they
can do anything until they turn 18 years of age, and then
everything would be erased from the record.
Number 793
CHAIRMAN GREEN called for a brief at-ease at 2:15 p.m. He called
the meeting back to order at 2:18 p.m.
SSHB 69 - ROHYPNOL AS SCHEDULE IV-A DRUG
The next order of business to come before the House Judiciary
Standing Committee was SSHB 69, "An Act relating to designating
flunitrazepam as a schedule IVA controlled substance; and providing
for an effective date."
REPRESENTATIVE AL VEZEY, sponsor, explained that the proposed
legislation would amend the state's controlled substance statutes
under Title 11. He noted there was a Governor's Council on
Controlled Substances; however, they had not met in 15 years when
the statute was enacted in its present form in 1982, and major
amendments in 1990.
REPRESENTATIVE VEZEY advised members that during a vacation in
Florida he was made aware that there had been 1,800 arrests
involving the illegal use of flunitrazepam. The most common use of
the drug was as an intoxicant to augment the effects of alcohol,
heroin or cocaine.
REPRESENTATIVE VEZEY advised members the drug was not legal to
manufacture, distribute or possess in the United States under
federal law, but was not illegal to possess or distribute under
state law. He pointed out that the drug was a member of the family
of drugs known as benzodiazepines which are the antidepressant,
hypnotic drugs, of which all but flunitrazepam are listed in the
state's schedule IVA controlled substances.
Representative Vezey explained that possession with the intent to
manufacture or distribute would be a class C felony. He noted that
the drug was not known to be manufactured by street chemists
because it was too complicated a drug to manufacture.
Number 1278
REPRESENTATIVE BUNDE moved to adopt SSHB 69. There being no
objection, SSHB 69 was adopted.
REPRESENTATIVE VEZEY advised members that the drug was not
detectible in a normal urinalysis, so the state of Alaska did not
have the capability of testing for the drug. He advised members
that the manufacturer of the drug had a very aggressive program in
working with law enforcement agencies and if use of the drug is
suspected, they have a means to detect its presence.
REPRESENTATIVE PORTER advised members he had attempted, for a
number of years, to arrive at a structure for the state's drug laws
that would allow the ability to adopt, by reference, the federal
substance abuse prescribed list.
REPRESENTATIVE VEZEY explained that the state of Alaska lists drugs
under two different schedules for two different purposes. The
sponsor substitute dealt with Title 11, which was the criminal
code. He noted that Title 17 addressed the medical use of
controlled substances and the state had adopted the federal
regulations for those types of drugs.
GEORGE TAFT, Director, Alaska Crime Lab, advised members he had
received a large packet of information on the drug from Texas and
most of what he had read about the drug was not good.
REPRESENTATIVE ROKEBERG asked how the state would be able to
prosecute under the statute if the drug is undetectable.
EVERETT CLEARY, Chief Toxicologist, Alaska Crime Lab, advised
members that currently the screens that are used to detect
different categories of drugs did not react to the presence of
flunitrazepam, although if the drug were suspected to have been
used, the lab had alternate means to detect the presence of the
drug.
TAPE 97-16, SIDE A
Number 000
DON DAPCEVICH, Executive Director, Advisory Board on Alcoholism and
Drug Abuse, advised members they were in support of SSHB 69. He
noted that the proposed legislation supported the statewide
planning efforts for alcoholism and drug abuse by decreasing
accessibility to drugs, and by increasing the available penalties
for misuse of drugs.
MR. DAPCEVICH noted that flunitrazepam first came to the board's
attention approximately two and a half years ago where there was
extensive misuse of the drug in the state of Florida which had
spread to California some time later. He pointed out that one of
the side affects of the drug was memory loss which was one of the
reasons it had become known as the date rape drug. To his
knowledge, the drug had not yet appeared in the state of Alaska,
although felt it would only be a matter of time before it did.
REPRESENTATIVE CROFT asked if there was any action necessary from
the Controlled Substance Advisory Committee to make the drug
illegal.
JERRY LUCKHAUPT, Attorney, Legislative Legal and Research Services,
Legislative Affairs Agency, advised members they would not need
action by that committee. He explained that the legislature
established a method for having changes in the schedules brought to
their attention in order that they could enact legislation that
would change the schedules. Mr. Luckhaupt advised members that
committee had not met for at least 12 years, if it ever met. He
noted that AS 11.71.120 talked about the authority of the committee
to recommend changes to the legislature which requires the Governor
to introduce legislation through the Rules committee upon their
recommendations to add, delete or reschedule a drug. Mr. Luckhaupt
noted that a provision could be included in the proposed
legislation that said notwithstanding AS 11.71.120; add a separate
bill section, or amend the entire thing out.
MR. LUCKHAUPT addressed the suggestion made by Representative
Porter of adopting, by reference, the federal government's list of
drugs. He stated that the problem with Alaska taking that approach
was a decision of the Alaska Supreme Court in a case that dealt
with the legislature's adoption of a plumbing or electrical code a
number of years ago in which the court said the state could not
adopt a body of regulations changed by someone else, through time,
and allow the changing body to govern that conduct in Alaska.
Number 1556
REPRESENTATIVE ROKEBERG moved that SSHB 69 move out of the
committee with the attached zero fiscal notes and individual
recommendations. Representative Berkowitz objected for the purpose
of discussion.
REPRESENTATIVE BERKOWITZ explained that his concern was with the
attached zero fiscal notes, which to him presumed there would never
be a prosecution.
CHAIRMAN GREEN explained that through the budget process there was
an amount of money allocated for passed legislation.
REPRESENTATIVE JAMES pointed out that many times a fiscal note
would not be necessary because some costs could be absorbed within
the existing budgets.
REPRESENTATIVE BERKOWITZ withdrew his objection. There being no
objection, SSHB 69 was moved out of the House Judiciary Standing
Committee with the attached zero fiscal notes.
ADJOURNMENT
Number 1675
CHAIRMAN GREEN adjourned the House Judiciary Committee meeting at
3:10 p.m.
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