Legislature(1997 - 1998)

02/12/1997 01:03 PM JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                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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