Legislature(2011 - 2012)CAPITOL 120

03/28/2012 01:00 PM JUDICIARY


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Audio Topic
01:08:19 PM Start
01:08:47 PM HB343
02:15:08 PM Overview(s): Presentation on Fasd and the Justice System
03:00:17 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation on FASD and the Justice System by TELECONFERENCED
the Alaska FASD Partnership
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 343 DISCLOSURE OF CHILDREN'S RECORDS TELECONFERENCED
Moved CSHB 343(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 28, 2012                                                                                         
                           1:08 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Steve Thompson, Vice Chair                                                                                       
Representative Wes Keller                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Lance Pruitt                                                                                                     
Representative Max Gruenberg                                                                                                    
Representative Lindsey Holmes                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Carl Gatto, Chair                                                                                                
Representative Mike Hawker (alternate)                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 343                                                                                                              
"An Act relating to disclosure of records of the Department of                                                                  
Health and Social Services pertaining to children in certain                                                                    
circumstances; and providing for an effective date."                                                                            
                                                                                                                                
     - MOVED CSHB 343(JUD) OUT OF COMMITTEE                                                                                     
                                                                                                                                
OVERVIEW(S):  PRESENTATION ON FASD AND THE JUSTICE SYSTEM                                                                       
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 343                                                                                                                  
SHORT TITLE: DISCLOSURE OF CHILDREN'S RECORDS                                                                                   
SPONSOR(S): REPRESENTATIVE(S) MUNOZ                                                                                             
                                                                                                                                
02/22/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/12       (H)       HSS, JUD                                                                                               
03/15/12       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
03/15/12       (H)       Moved CSHB 343(HSS) Out of Committee                                                                   
03/15/12       (H)       MINUTE(HSS)                                                                                            
03/16/12       (H)       HSS RPT CS(HSS) 3DP 3NR                                                                                
03/16/12       (H)       DP: SEATON, MILLER, KERTTULA                                                                           
03/16/12       (H)       NR: MILLETT, HERRON, KELLER                                                                            
03/26/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
03/26/12       (H)       Heard & Held                                                                                           
03/26/12       (H)       MINUTE(JUD)                                                                                            
03/28/12       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE CATHY MUNOZ                                                                                                      
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Sponsor of HB 343.                                                                                       
                                                                                                                                
TONY NEWMAN, Social Services Program Officer                                                                                    
Division of Juvenile Justice (DJJ)                                                                                              
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Provided comments and responded to                                                                       
questions during discussion of HB 343.                                                                                          
                                                                                                                                
QUINLAN STEINER, Director                                                                                                       
Central Office                                                                                                                  
Public Defender Agency (PDA)                                                                                                    
Department of Administration (DOA)                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During discussion of HB 343, responded to a                                                              
question and provided comments regarding proposed Amendment 1.                                                                  
                                                                                                                                
CRISTY LAWTON, Director                                                                                                         
Central Office                                                                                                                  
Office of Children's Services (OCS)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
POSITION STATEMENT:  Responded to questions during discussion of                                                              
HB 343.                                                                                                                         
                                                                                                                                
STACIE KRALY, Chief Assistant Attorney General - Statewide                                                                      
Section Supervisor                                                                                                              
Human Services Section                                                                                                          
Civil Division (Juneau)                                                                                                         
Department of Law (DOL)                                                                                                         
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Responded to questions during discussion of                                                              
HB 343.                                                                                                                         
                                                                                                                                
DIANA RAYMOND, Mental Health Clinician II                                                                                       
Assess, Plan, Identify, and Coordinate (APIC) Program                                                                           
Department of Corrections (DOC);                                                                                                
Member                                                                                                                          
Steering Committee                                                                                                              
Alaska Fetal Alcohol Spectrum Disorders (FASD) Partnership                                                                      
Advisory Board on Alcoholism and Drug Abuse (ABADA)                                                                             
Division of Behavioral Health (DBH)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Participated in the presentation on fetal                                                                
alcohol spectrum disorders (FASD) and the criminal justice                                                                      
system.                                                                                                                         
                                                                                                                                
TRISH SMITH, Director                                                                                                           
Prevention & Intervention Services                                                                                              
Volunteers of America Alaska;                                                                                                   
Member                                                                                                                          
Steering Committee                                                                                                              
Alaska Fetal Alcohol Spectrum Disorders (FASD) Partnership                                                                      
Advisory Board on Alcoholism and Drug Abuse (ABADA)                                                                             
Division of Behavioral Health (DBH)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Participated in the presentation on fetal                                                                
alcohol spectrum disorders (FASD) and the criminal justice                                                                      
system.                                                                                                                         
                                                                                                                                
STEPHANIE JOHNSON, Mental Health Clinician II                                                                                   
Nome Youth Facility                                                                                                             
Youth Facilities                                                                                                                
Division of Juvenile Justice (DJJ)                                                                                              
Department of Health and Social Services (DHSS);                                                                                
Member                                                                                                                          
Steering Committee                                                                                                              
Alaska Fetal Alcohol Spectrum Disorders (FASD) Partnership                                                                      
Advisory Board on Alcoholism and Drug Abuse (ABADA)                                                                             
Division of Behavioral Health (DBH)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Nome, Alaska                                                                                                                    
POSITION STATEMENT:  Participated in the presentation on fetal                                                                
alcohol spectrum disorders (FASD) and the criminal justice                                                                      
system.                                                                                                                         
                                                                                                                                
MICHAEL I. JEFFERY, Judge                                                                                                       
Second Judicial District Barrow                                                                                                 
Alaska Superior Court                                                                                                           
Alaska Court System (ACS);                                                                                                      
Member                                                                                                                          
Alaska Juvenile Justice Advisory Committee (AJJAC)                                                                              
Division of Juvenile Justice (DJJ)                                                                                              
Department of Health and Social Services (DHSS);                                                                                
Member                                                                                                                          
Steering Committee                                                                                                              
Alaska Fetal Alcohol Spectrum Disorders (FASD) Partnership                                                                      
Advisory Board on Alcoholism and Drug Abuse (ABADA)                                                                             
Division of Behavioral Health (DBH)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Barrow, Alaska                                                                                                                  
POSITION STATEMENT:   Participated  in the presentation  on fetal                                                             
alcohol  spectrum  disorders  (FASD)  and  the  criminal  justice                                                               
system.                                                                                                                         
                                                                                                                                
SANDY FISCUS, Parent Navigator                                                                                                  
Juneau FASD Diagnostic Team                                                                                                     
Office of Fetal Alcohol Syndrome                                                                                                
Prevention & Early Intervention Section                                                                                         
Division of Behavioral Health (DBH)                                                                                             
Department of Health and Social Services (DHSS);                                                                                
Member                                                                                                                          
Steering Committee                                                                                                              
Alaska Fetal Alcohol Spectrum Disorders (FASD) Partnership                                                                      
Advisory Board on Alcoholism and Drug Abuse (ABADA)                                                                             
Division of Behavioral Health (DBH)                                                                                             
Department of Health and Social Services (DHSS)                                                                                 
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:   Participated  in the presentation  on fetal                                                             
alcohol  spectrum  disorders  (FASD)  and  the  criminal  justice                                                               
system.                                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:08:19 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR STEVE  THOMPSON called  the House  Judiciary Standing                                                             
Committee  meeting  to  order  at   1:08  p.m.    Representatives                                                               
Thompson,  Keller, Pruitt,  Gruenberg, and  Lynn were  present at                                                               
the call to order.   Representative Holmes arrived as the meeting                                                               
was in progress.  Representative Gatto was excused.                                                                             
                                                                                                                                
           HB 343 - DISCLOSURE OF CHILDREN'S RECORDS                                                                        
                                                                                                                                
1:08:47 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced that  the first order  of business                                                               
would be  HOUSE BILL NO. 343,  "An Act relating to  disclosure of                                                               
records  of   the  Department  of  Health   and  Social  Services                                                               
pertaining to  children in  certain circumstances;  and providing                                                               
for  an  effective  date."     [Before  the  committee  was  CSHB                                                               
343(HSS).]                                                                                                                      
                                                                                                                                
VICE  CHAIR  THOMPSON  indicated  that  the  committee  would  be                                                               
addressing proposed amendments a bit out of order.                                                                              
                                                                                                                                
1:09:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  made  a  motion  to  adopt  Amendment  2,                                                               
labeled 27-LS1394\M.2, Mischel, 3/27/12, which read:                                                                            
                                                                                                                                
     Page 2, line 9, following "jurisdiction":                                                                                  
          Insert "that operates under child protection                                                                      
     standards   similar  to   the  standards   for  a   law                                                                
     enforcement agency in this state,"                                                                                     
                                                                                                                                
     Page 3, lines 1 - 2:                                                                                                       
          Delete "or another jurisdiction"                                                                                  
                                                                                                                                
     Page 3, line 2, following "minors":                                                                                    
          Insert "or another state or municipal agency of                                                                   
     another   jurisdiction   that    is   responsible   for                                                                
     delinquent  minors   and  that  operates   under  child                                                                
     protection standards similar to  the standards for this                                                                
     state or a municipal agency in this state"                                                                             
                                                                                                                                
     Page 3, line 23, following "jurisdiction":                                                                                 
          Insert "that operates under child protection                                                                      
     standards   similar  to   the  standards   for  a   law                                                                
     enforcement agency in this state,"                                                                                     
                                                                                                                                
     Page 4, lines 17 - 18:                                                                                                     
          Delete "or another jurisdiction"                                                                                  
                                                                                                                                
     Page 4, line 18, following "services":                                                                                 
          Insert "or another state or municipal agency of                                                                   
     another  jurisdiction  that  is responsible  for  child                                                                
     protection  services  and  that  operates  under  child                                                                
     protection standards similar to  the standards for this                                                                
     state or a municipal agency in this state"                                                                             
                                                                                                                                
VICE CHAIR THOMPSON objected for the purpose of discussion.                                                                     
                                                                                                                                
REPRESENTATIVE  KELLER, relaying  that  he  would be  withdrawing                                                               
Amendment 2, expressed concern that  HB 343's use of the wording,                                                               
"or another  jurisdiction" in its  Sections 1 and 2  could result                                                           
in  information about  a child  being disclosed  to jurisdictions                                                               
that  don't have  standards for  protecting  children similar  to                                                               
Alaska's standards.   He acknowledged that the  Department of Law                                                               
(DOL) and  the Department  of Health  and Social  Services (DHSS)                                                               
are opposed  to Amendment  2, however,  because it  would require                                                               
the  administration  to  first undertake  an  investigation  into                                                               
whether another jurisdiction's  standards for protecting children                                                               
were sufficiently similar to Alaska's  standards.  In conclusion,                                                               
he reiterated that he would be withdrawing Amendment 2.                                                                         
                                                                                                                                
VICE CHAIR THOMPSON removed his  objection to the motion to adopt                                                               
Amendment 2, and noted that Amendment 2 was withdrawn.                                                                          
                                                                                                                                
VICE  CHAIR  THOMPSON then  mentioned  that  public testimony  on                                                               
HB 343 had previously been closed.                                                                                              
                                                                                                                                
1:13:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES  made  a  motion  to  adopt  Amendment  1,                                                               
labeled 27-LS1394\M.1, Mischel, 3/26/12, which read:                                                                            
                                                                                                                                
     Page 3, line 4, following "safety":                                                                                    
          Insert ", if notice and an opportunity to object                                                                  
      is provided in writing to the child and the child's                                                                   
        guardian ad litem not less than 10 business days                                                                    
     before disclosure"                                                                                                     
                                                                                                                                
REPRESENTATIVE KELLER objected for the purpose of discussion.                                                                   
                                                                                                                                
REPRESENTATIVE  HOLMES indicated  that  Amendment 1  would add  a                                                               
stipulation to Section 1's proposed  AS 47.10.093(b)(15) that the                                                               
Office of  Children's Services  (OCS) shall  disclose information                                                               
about a  case to the  Division of  Juvenile Justice (DJJ)  if the                                                               
OCS provides to  the child [that is the subject  of the case] and                                                               
his/her  guardian  ad  litem  (GAL) written  notice  of,  and  an                                                               
opportunity  to  object  to,  the disclosure.    Amendment  1  is                                                               
intended to  address a concern  expressed by the  Public Defender                                                               
Agency  (PDA) during  HB  343's last  hearing  that as  currently                                                               
written,  Section  1   might  have  a  chilling   effect  on  how                                                               
forthcoming a  child is  with the OCS  because he/she  would know                                                               
that the DJJ could obtain  information about him/her from the OCS                                                               
and  then   possibly  use  it   against  him/her  during   a  DJJ                                                               
adjudication.  In conclusion, she urged adoption of Amendment 1.                                                                
                                                                                                                                
1:14:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CATHY MUNOZ, Alaska  State Legislature, sponsor of                                                               
HB 343, expressed  concern with Amendment 1's  proposed change to                                                               
Section 1 of the  bill.  Under current law, the  OCS and the DJJ,                                                               
both agencies of  the DHSS, can [and do]  share information about                                                               
mutual clients, but because of  some misunderstanding, this point                                                               
needs to  be clarified  in statute  [as Sections 1  and 2  are in                                                               
part proposing to  do].  Amendment 1 could  result in information                                                               
[from the  OCS] necessary  to protect the  public and  to provide                                                               
help to  the child not being  disclosed [to the DJJ]  in a timely                                                               
fashion, because Amendment 1 also  stipulates that the notice and                                                               
opportunity to object be provided  not less than 10 business days                                                               
prior to the disclosure occurring.                                                                                              
                                                                                                                                
1:15:36 PM                                                                                                                    
                                                                                                                                
TONY  NEWMAN,  Social  Services   Program  Officer,  Division  of                                                               
Juvenile Justice (DJJ), Department  of Health and Social Services                                                               
(DHSS),   concurred   with   Representative   Munoz's   comments,                                                               
additionally predicting that Amendment  1 would negatively impact                                                               
the  ability of  the OCS  and the  DJJ to  work together  for the                                                               
betterment of Alaska's children.                                                                                                
                                                                                                                                
1:17:12 PM                                                                                                                    
                                                                                                                                
QUINLAN  STEINER,  Director,   Central  Office,  Public  Defender                                                               
Agency (PDA), Department of Administration  (DOA), in response to                                                               
a query, relayed that Amendment  1 does address his concern [with                                                               
Section 1  as touched on  earlier by Representative Holmes].   He                                                               
indicated  a  belief that  under  Amendment  1, the  court  would                                                               
become involved whenever  the child and/or his/her  GAL object to                                                               
the OCS disclosing information to the DJJ.                                                                                      
                                                                                                                                
REPRESENTATIVE  MUNOZ, in  response  to a  query, reiterated  her                                                               
concern  that  the  adoption  of  Amendment  1  would  result  in                                                               
important information  not being  disclosed in a  timely fashion,                                                               
and that such  delay in disclosure could result in  the child not                                                               
receiving  appropriate  care or  necessary  services  as soon  as                                                               
he/she otherwise would.                                                                                                         
                                                                                                                                
MR.  NEWMAN  - pointing  out  that  the  OCS  and the  DJJ,  both                                                               
agencies of  the DHSS, work  together to promote and  enhance the                                                               
health and wellbeing of Alaska's  children, and offering examples                                                               
of such  collaboration - proffered  that delaying the  sharing of                                                               
information by the OCS for at  least 10 days as would be required                                                               
under Amendment 1  could also delay the DJJ's  efforts to provide                                                               
the child with necessary and appropriate assistance.                                                                            
                                                                                                                                
1:25:15 PM                                                                                                                    
                                                                                                                                
CRISTY  LAWTON, Director,  Central Office,  Office of  Children's                                                               
Services (OCS), Department of Health  and Social Services (DHSS),                                                               
explained that the  type of information the OCS  compiles about a                                                               
mutual  client   that  the  DJJ   wouldn't  already   have  isn't                                                               
information  that would  have an  impact on  a DJJ  adjudication;                                                               
instead, such  information is helpful  to the DJJ  in determining                                                               
what  type and  level of  service and  placement is  necessary to                                                               
assist  the  child.   Adoption  of  Amendment 1  could  therefore                                                               
result in  [at least a  10-day] delay  in the DJJ  being provided                                                               
the information  it needs  to appropriately help  the child.   In                                                               
response to  comments and  a question,  she mentioned  that under                                                               
the Alaska  Rules of Court,  Rule 9 of the  Child in Need  of Aid                                                               
Rules of Procedure  addresses a GAL's ability  to protect certain                                                               
records in [child in need of aid (CINA) proceedings].                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG, in response  to comments and questions,                                                               
observed  that  Section  1  of  HB  343  is  proposing  to  amend                                                               
AS 47.10, the  statute governing the  OCS, and that Section  2 of                                                               
the bill  is proposing to  amend AS 47.12, the  statute governing                                                               
the DJJ.                                                                                                                        
                                                                                                                                
1:37:07 PM                                                                                                                    
                                                                                                                                
STACIE  KRALY,  Chief  Assistant  Attorney  General  -  Statewide                                                               
Section  Supervisor,  Human   Services  Section,  Civil  Division                                                               
(Juneau), Department of Law (DOL),  concurred, adding that at one                                                               
point  the OCS  and the  DJJ were  one agency  with a  disclosure                                                               
provision  that  referenced  department records,  and  when  that                                                               
agency  was  split into  two  separate  agencies due  to  federal                                                               
legislation  and  funding  issues,  the  resultant  two  separate                                                               
statutes  mirrored   each  other,   but  inadvertently   did  not                                                               
expressly  stipulate that  the  OCS and  the  DJJ would  continue                                                               
sharing information.   Sections 1 and 2 of the  bill are intended                                                               
to  statutorily   clarify  that  point  because   currently  some                                                               
misunderstanding exists.   Section 1, addressing  the OCS, refers                                                               
to the  DJJ in  its proposed AS  47.10.093(b)(15) via  the words,                                                               
"agency ...  responsible for delinquent  minors"; and  Section 2,                                                       
addressing  the  DJJ,  refers  to  the OCS  in  its  proposed  AS                                                               
47.12.310(b)(2)(M)  via the  words, "agency  ... responsible  for                                                       
child protection services".  Furthermore,  the wording in both of                                                           
those provisions - "a state or  municipal agency of this state or                                                           
another  jurisdiction" -  was specifically  included in  order to                                                           
allow  the  sharing  of  information  with  sister  OCS  and  DJJ                                                               
agencies  in other  jurisdictions.    She acknowledged,  however,                                                               
that  perhaps  the   words,  "who  is"  ought  to   be  added  to                                                           
Section 1's  proposed  AS  47.10.093(b)(15) and  to  Section  2's                                                               
proposed   AS   47.12.310(b)(2)(M)   just   before   the   words,                                                               
"responsible for".                                                                                                          
                                                                                                                                
REPRESENTATIVE  KELLER, characterizing  HB  343 as  a good  bill,                                                               
said  he  opposes  Amendment  1   because  he  didn't  think  the                                                               
legislature wants  there to be [at  least] a 10-day delay  in the                                                               
DJJ's being  provided information by the  OCS.  He added  that he                                                               
is still uncomfortable with [Section  1 and 2's] inclusion of the                                                               
wording, "or another jurisdiction", however.                                                                                
                                                                                                                                
MS.  KRALY,  in  response  to  other  questions,  indicated  that                                                               
because  some misunderstanding  exists regarding  the ability  of                                                               
the OCS  and the DJJ  to share information about  mutual clients,                                                               
the  statutes   themselves  still   need  to  be   clarified,  as                                                               
Sections 1 and 2  of HB 343 are proposing to  do, regardless that                                                               
subsection (b)(3)(F) of  the aforementioned Rule  9 of  the Child                                                               
in Need of Aid Rules of  Procedure addresses a GAL's authority to                                                               
[waive or claim] the psychotherapist-patient  privilege in a CINA                                                               
proceeding.                                                                                                                     
                                                                                                                                
1:50:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   HOLMES  said   she's  very   uncomfortable  with                                                               
Section 1   as  currently   written,   but   is  unsure   whether                                                               
Amendment 1 would address her concern.                                                                                          
                                                                                                                                
REPRESENTATIVE HOLMES therefore withdrew Amendment 1.                                                                           
                                                                                                                                
REPRESENTATIVE  KELLER  referred  to   a  proposed  amendment  in                                                               
members'  packets labeled  27-LS1394\M.3,  Mischel, 3/27/12,  and                                                               
indicated that he would not  be offering that proposed amendment,                                                               
which read:                                                                                                                     
                                                                                                                                
     Page 5, lines 18 - 22:                                                                                                     
          Delete all material.                                                                                                  
          Insert "the minor has entered a guilty plea to a                                                                      
     delinquent   act  contained   in  a   petition  seeking                                                                    
     adjudication  of  the minor  as  a  delinquent for  the                                                                    
     offense or  has been adjudicated delinquent  by a court                                                                    
     for the offense."                                                                                                          
                                                                                                                                
1:53:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  adopt  Conceptual                                                               
Amendment  3,  labeled  27-LS1394\M.4,  Mischel,  3/28/12,  which                                                               
read:                                                                                                                           
                                                                                                                                
     Page 5, line 17, following "if":                                                                                           
          Insert "a court has adjudicated the minor as a                                                                        
       delinquent for an offense contained in a petition                                                                        
     seeking adjudication of the minor as a delinquent for                                                                      
     the offense."                                                                                                              
                                                                                                                                
     Page 5, lines 18 - 22:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  - expressing  disfavor with  the actual                                                               
wording of Conceptual  Amendment 3 - explained  that it addresses                                                               
Section 4's  proposed AS  47.12.315(b)(3), which  stipulates that                                                               
for certain  minors alleged to  have committed  certain offenses,                                                               
certain  information may  be  disclosed to  the  public only  if,                                                               
after  a petition  has been  filed and  the particular  minor has                                                               
been  arraigned,   a  finding  of  probable   cause  that  he/she                                                               
committed  the alleged  offense has  been entered  by the  court.                                                               
The  concern   that's  arisen  with   regard  to   that  proposed                                                               
subsection (b)(3) as currently written  is that information about                                                               
such a  minor could  be disclosed  to the  public even  if he/she                                                               
isn't  subsequently   adjudicated  delinquent  for   the  alleged                                                               
offense.  Any  such disclosure should only occur if  the minor is                                                               
so adjudicated, he opined, but  again expressed disfavor with the                                                               
actual wording of Conceptual Amendment 3.                                                                                       
                                                                                                                                
1:55:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MUNOZ  - mentioning  that she  supports Conceptual                                                               
Amendment  3  -  observed  that  another  proposed  amendment  in                                                               
members' packets also addresses that  provision of Section 4, and                                                               
ventured  that  perhaps  that   other  proposed  amendment  might                                                               
alleviate members'  concerns with Section 4  as currently written                                                               
in a much more straightforward  fashion; that proposed amendment,                                                               
labeled 27-LS1394\M.5,  Mischel, 3/28/12, [and later  referred to                                                               
as Conceptual Amendment 4,] read:                                                                                               
                                                                                                                                
     Page 5, line 17, following "if":                                                                                           
          Insert "a court has entered a judgment that the                                                                       
     minor is delinquent."                                                                                                      
                                                                                                                                
     Page 5, lines 18 - 22:                                                                                                     
          Delete all material.                                                                                                  
                                                                                                                                
REPRESENTATIVE   GRUENBERG   questioned  whether   the   wording,                                                               
"entered a  judgment" was  the correct  term of  art to  use with                                                               
regard to a DJJ adjudication.                                                                                                   
                                                                                                                                
MR.  NEWMAN  suggested  that  the  language  to  be  inserted  by                                                               
[Conceptual  Amendment  4]  should  instead read,  "a  court  has                                                               
entered a finding that the minor is delinquent."                                                                                
                                                                                                                                
REPRESENTATIVE GRUENBERG withdrew Conceptual Amendment 3.                                                                       
                                                                                                                                
1:57:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  then made a motion  to adopt Conceptual                                                               
Amendment 4 [text provided previously].                                                                                         
                                                                                                                                
REPRESENTATIVE KELLER objected.                                                                                                 
                                                                                                                                
REPRESENTATIVE MUNOZ, in response  to a query, suggested amending                                                               
Conceptual  Amendment 4  such that  the  language being  inserted                                                               
would instead read,  "a court has entered  a finding adjudicating                                                               
the minor as a delinquent."                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRUENBERG  made  a  motion  to  amend  Conceptual                                                               
Amendment 4 [as suggested by  Representative Munoz].  There being                                                               
no objection, Conceptual Amendment 4 was so amended.                                                                            
                                                                                                                                
REPRESENTATIVE  KELLER removed  his  objection to  the motion  to                                                               
adopt Conceptual Amendment 4.                                                                                                   
                                                                                                                                
VICE  CHAIR  THOMPSON,  after ascertaining  that  there  were  no                                                               
further  objections, announced  that Conceptual  Amendment 4,  as                                                               
amended, was adopted.                                                                                                           
                                                                                                                                
1:59:42 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR THOMPSON  - referring  to the  earlier suggestion  by                                                               
Ms. Kraly regarding a possible change to  Sections 1 and 2 - made                                                               
a motion to adopt Conceptual Amendment  5, to add the words, "who                                                           
is" after  the word,  "jurisdiction" on  page 3,  line 2,  and on                                                       
page 4, line 18.                                                                                                                
                                                                                                                                
REPRESENTATIVE  KELLER objected  for the  purpose of  discussion,                                                               
and expressed favor with Conceptual Amendment 5.                                                                                
                                                                                                                                
REPRESENTATIVE  GRUENBERG  noted  that  the  drafter  would  have                                                               
leeway to use the most appropriate wording.                                                                                     
                                                                                                                                
REPRESENTATIVE KELLER removed his objection to the motion.                                                                      
                                                                                                                                
VICE  CHAIR  THOMPSON  ascertained  that there  were  no  further                                                               
objections,  and  announced  that   Conceptual  Amendment  5  was                                                               
adopted.                                                                                                                        
                                                                                                                                
REPRESENTATIVE   HOLMES,  in   response  to   comments  regarding                                                               
withdrawn Amendment 1,  indicated that she would  be objecting to                                                               
moving HB  343 from committee because  [the PDA's aforementioned]                                                               
concern  with Section  1's proposed  AS 47.10.093(b)(15)  has not                                                               
yet been addressed to her satisfaction.                                                                                         
                                                                                                                                
REPRESENTATIVE MUNOZ,  in response to a  question, reiterated her                                                               
disfavor with withdrawn Amendment 1,  opining that it would place                                                               
a tremendous burden on the DJJ and the OCS.                                                                                     
                                                                                                                                
VICE CHAIR  THOMPSON noted that  HB 343 had no  further committee                                                               
referrals.                                                                                                                      
                                                                                                                                
2:10:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to report  CSHB 343(HSS), as amended,                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying fiscal notes.                                                                                                      
                                                                                                                                
REPRESENTATIVE HOLMES objected.                                                                                                 
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Lynn,  Keller,                                                               
Pruitt, and Thompson  voted in favor of  reporting CSHB 343(HSS),                                                               
as  amended, out  of committee.    Representatives Gruenberg  and                                                               
Holmes voted against  it.  Therefore, CSHB  343(JUD) was reported                                                               
from the House Judiciary Standing Committee by a vote of 4-2.                                                                   
                                                                                                                                
The committee took an at-ease from 2:12 p.m. to 2:15 p.m.                                                                       
                                                                                                                                
^Overview(s):  Presentation on FASD and the Justice System                                                                      
   Overview(s):  Presentation on FASD and the Justice System                                                                
                                                                                                                                
2:15:08 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  THOMPSON announced that  the final order  of business                                                               
would  be  a presentation  on  fetal  alcohol spectrum  disorders                                                               
(FASD) and the criminal justice system.                                                                                         
                                                                                                                                
2:17:22 PM                                                                                                                    
                                                                                                                                
DIANA  RAYMOND,   Mental  Health  Clinician  II,   Assess,  Plan,                                                               
Identify,   and   Coordinate   (APIC)  Program,   Department   of                                                               
Corrections  (DOC);  Member,  Steering  Committee,  Alaska  Fetal                                                               
Alcohol Spectrum Disorders (FASD)  Partnership, Advisory Board on                                                               
Alcoholism and Drug Abuse (ABADA),  Division of Behavioral Health                                                               
(DBH),  Department  of  Health   and  Social  Services  (DHSS)  -                                                               
remarking that  prisoners with  fetal alcohol  spectrum disorders                                                               
(FASD)  often  experience   inordinately-high  recidivism  rates,                                                               
coming at  very high cost  to their families,  their communities,                                                               
and  the criminal  justice system  - indicated  that the  DOC has                                                               
programs in  place that can  help such prisoners  transition back                                                               
into the  community, and already  uses models that could  also be                                                               
effective for such if focused  on the specific needs of prisoners                                                               
with  FASD.    Furthermore,  the efforts  expended  thus  far  to                                                               
address such  needs, she  said in conclusion,  are proving  to be                                                               
effective, having already resulted  in decreased recidivism rates                                                               
for such  prisoners, and are in  line with the DOC's  mission and                                                               
chosen direction.                                                                                                               
                                                                                                                                
2:20:54 PM                                                                                                                    
                                                                                                                                
TRISH  SMITH,  Director,   Prevention  &  Intervention  Services,                                                               
Volunteers of America Alaska;  Member, Steering Committee, Alaska                                                               
Fetal  Alcohol Spectrum  Disorders  (FASD) Partnership,  Advisory                                                               
Board  on   Alcoholism  and  Drug  Abuse   (ABADA),  Division  of                                                               
Behavioral  Health   (DBH),  Department  of  Health   and  Social                                                               
Services  (DHSS), noted  that members'  packets  contain a  graph                                                               
titled,  "Potential  Savings  by Diverting  Alaskans  with  Fetal                                                               
Alcohol  Spectrum  Disorder  from  Incarceration  Based  on  2011                                                               
Costs".   Mentioning  that she  sits on  a "wellness"  court, she                                                               
explained that  many people with  FASD fail at treatment  when it                                                               
lacks  sufficient  structure.   In  conclusion,  she offered  her                                                               
belief that  although such courts  have proven to  be successful,                                                               
they could  become even more so  by being more responsive  to the                                                               
specific needs of people with  FASD, thereby reducing the numbers                                                               
of such prisoners in Alaska's correctional facilities.                                                                          
                                                                                                                                
2:23:29 PM                                                                                                                    
                                                                                                                                
STEPHANIE  JOHNSON,  Mental  Health   Clinician  II,  Nome  Youth                                                               
Facility, Youth  Facilities, Division of Juvenile  Justice (DJJ),                                                               
Department  of   Health  and  Social  Services   (DHSS);  Member,                                                               
Steering  Committee,  Alaska  Fetal  Alcohol  Spectrum  Disorders                                                               
(FASD) Partnership,  Advisory Board on Alcoholism  and Drug Abuse                                                               
(ABADA),  Division  of  Behavioral Health  (DBH),  Department  of                                                               
Health  and Social  Services  (DHSS), pointed  out  that not  all                                                               
juveniles with  FASD who get  involved with the  criminal justice                                                               
system  have been  so  diagnosed.   Regardless,  the  goal is  to                                                               
ensure - whenever possible -  that those with FASD and associated                                                               
problems are  able to  stay in  the community so  as to  have the                                                               
benefit of family and community support.   To that end, there are                                                               
now several  programs in  place focusing  on helping  people with                                                               
FASD transition  back into the  community, and the  preference is                                                               
to expand such programs, particularly those that are cultural-                                                                  
based, so that more of those with FASD can succeed in life.                                                                     
                                                                                                                                
2:27:25 PM                                                                                                                    
                                                                                                                                
MICHAEL  I.  JEFFERY,  Judge, Second  Judicial  District  Barrow,                                                               
Alaska Superior Court, Alaska Court  System (ACS); Member, Alaska                                                               
Juvenile   Justice  Advisory   Committee  (AJJAC),   Division  of                                                               
Juvenile Justice (DJJ), Department  of Health and Social Services                                                               
(DHSS);   Member,  Steering   Committee,  Alaska   Fetal  Alcohol                                                               
Spectrum   Disorders  (FASD)   Partnership,  Advisory   Board  on                                                               
Alcoholism and Drug Abuse (ABADA),  Division of Behavioral Health                                                               
(DBH),  Department  of  Health   and  Social  Services  (DHSS)  -                                                               
mentioning  that he  was  not speaking  on behalf  of  the ACS  -                                                               
explained that even when a person  with FASD can function at such                                                               
a  high level  that he/she  is  never diagnosed  as having  FASD,                                                               
he/she is  still going to  have difficulty complying  with court-                                                               
ordered conditions of release because  of his/her FASD.  In order                                                               
to protect  the community  and be effective,  the court  needs to                                                               
adapt  so as  to  be better  able  to help  such  people once  it                                                               
recognizes the markers indicating that  FASD could be a factor in                                                               
a particular case.  For example,  the court could ensure that all                                                               
its directions  are clearly understandable,  and that  the person                                                               
is provided adequate  supervision.  In response  to questions, he                                                               
indicated that  providing such extra  supervision in  rural areas                                                               
of the state isn't yet possible because of a lack of resources.                                                                 
                                                                                                                                
MS.  SMITH,  in  response  to another  question,  indicated  that                                                               
although  there are  programs in  place designed  to help  people                                                               
with FASD, it would be helpful if there were more providers.                                                                    
                                                                                                                                
MS. JOHNSON indicated that Alaska's  rural communities have found                                                               
creative  ways of  providing services  to people  with FASD,  and                                                               
remarked that being  able to do so, so that  people with FASD can                                                               
remain in their communities, saves money in the long run.                                                                       
                                                                                                                                
JUDGE  JEFFERY  concurred that  having  more  providers would  be                                                               
helpful, particularly  in rural  areas of  the state,  because of                                                               
the structure  such providers bring  to the table for  those with                                                               
FASD.                                                                                                                           
                                                                                                                                
MS.  RAYMOND  indicated that  a  lack  of capacity  and  adequate                                                               
funding were also issues of concern.                                                                                            
                                                                                                                                
2:47:57 PM                                                                                                                    
                                                                                                                                
SANDY  FISCUS, Parent  Navigator,  Juneau  FASD Diagnostic  Team,                                                               
Office   of   Fetal   Alcohol  Syndrome,   Prevention   &   Early                                                               
Intervention  Section,  Division   of  Behavioral  Health  (DBH),                                                               
Department  of   Health  and  Social  Services   (DHSS);  Member,                                                               
Steering  Committee,  Alaska  Fetal  Alcohol  Spectrum  Disorders                                                               
(FASD) Partnership,  Advisory Board on Alcoholism  and Drug Abuse                                                               
(ABADA),  Division  of  Behavioral Health  (DBH),  Department  of                                                               
Health and  Social Services (DHSS),  added that  educating people                                                               
about the dangers  of drinking alcohol while pregnant  is part of                                                               
the  answer,  and  mentioned  that various  groups  of  people  -                                                               
including parole  officers and people  in the legal  profession -                                                               
have recently  availed themselves of week-long  education courses                                                               
[sponsored by the Juneau FASD Diagnostic Team].                                                                                 
                                                                                                                                
JUDGE JEFFERY  noted that sometimes during  court proceedings, he                                                               
has mentioned  to defendants  that FASD  could be  a contributing                                                               
factor.                                                                                                                         
                                                                                                                                
MS.  JOHNSON, in  conclusion, opined  that increasing  community-                                                               
based services  would save communities money  and perhaps prevent                                                               
people  with  FASD  from  becoming  involved  with  the  criminal                                                               
justice system to begin with.                                                                                                   
                                                                                                                                
3:00:17 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:00 p.m.                                                                 

Document Name Date/Time Subjects
HB 343 Amendment M.1.pdf HJUD 3/28/2012 1:00:00 PM
HB 343
CSHB 343 Amend M.2.pdf HJUD 3/28/2012 1:00:00 PM
HB 343
CSHB 343 Amend M.3.pdf HJUD 3/28/2012 1:00:00 PM
HB 343
HB 343 Amendment M.4.pdf HJUD 3/28/2012 1:00:00 PM
HB 343
CSHB 343 Amend 5.pdf HJUD 3/28/2012 1:00:00 PM
HB 343