Legislature(1995 - 1996)
03/29/1995 01:09 PM House JUD
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE JUDICIARY STANDING COMMITTEE
March 29, 1995
1:09 p.m.
MEMBERS PRESENT
Representative Brian Porter, Chairman
Representative Joe Green, Vice Chairman
Representative Con Bunde
Representative Bettye Davis
Representative Al Vezey
Representative Cynthia Toohey
Representative David Finkelstein
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HB 125: "An Act relating to disclosures to school officials of
information about certain minors."
HEARD AND HELD
HB 201: "An Act relating to prisoner litigation, post-conviction
relief, sentence appeals, amending Alaska Administrative
Rule 10, Alaska Rules of Appellate Procedure 204, 208,
209, 215, 521, 603, and 604, and Alaska Rules of Criminal
Procedure 11, 33, 35, and 35.1; and providing for an
effective date."
SCHEDULED BUT NOT HEARD
HB 199: "An Act creating the crime of criminal transmission of
HIV."
SCHEDULED BUT NOT HEARD
HB 237: "An Act relating to workers' compensation insurance rate
filings; to second independent medical evaluations for
workers' compensation claims; to immunity for third-party
design professionals from civil actions by recipients of
workers' compensation benefits; to workers' compensation
death benefits; to computation of workers' compensation
benefits; to penalties for fraudulent acts related to
workers' compensation; to immunity for employer workplace
safety inspections related to workers' compensation
insurance; and providing for an effective date."
SCHEDULED BUT NOT HEARD
WITNESS REGISTER
CHUCK COONS, School Principal
Undisclosed Alaskan Village
Address not available
Telephone: Not available
POSITION STATEMENT: Testified in favor of HB 125
DOROTHY OETTER, Assistant Principal
Service High School
5577 Abbott Road
Anchorage, AK 99507
Telephone: (907) 346-2111
POSITION STATEMENT: Testified in favor of HB 125
RICHARD HEABHARD, Principal
Haines High School
P.O. Box 1289
Haines, AK 99827
Telephone: (907) 766-2411
POSITION STATEMENT: Testified in favor of HB 125
LOU MATHESON, Principal
Southwest Region Schools
P.O. Box 90
Dillingham, AK 99576
Telephone: (907) 842-5287
POSITION STATEMENT: Testified in favor of HB 125
LARRY LEDOUX, Principal
Kodiak High School
President, Alaska Association of
Secondary School Principals
722 Mill Bay Road
Kodiak, AK 99615
Telephone: (907) 486-9212
POSITION STATEMENT: Testified in favor of HB 125
BRAD SNODGRASS, Principal
King Career Center
2650 East Northern Lights Boulevard
Anchorage, AK 999508
Telephone: (907) 278-9631
POSITION STATEMENT: Testified in favor of HB 125
RANDY ROSENKRANTZ, Police Officer
Homer Police Department
4060 Heath Street
Homer, AK 99603
Telephone: (907) 235-3150
POSITION STATEMENT: Testified in favor of HB 125
MARGOT KNUTH, Assistant Attorney General
Criminal Division
Department of Law
P.O. Box 110300
Juneau, AK 99811-0300
Telephone: (907) 465-3428
POSITION STATEMENT: Provided information on HB 125
JOHN CYR, School Teacher
Wasilla High School
290 East Herning Avenue
Wasilla, AK 99687
Telephone: (907) 745-2015
POSITION STATEMENT: Testified in favor of HB 125
MARGARET BERCK, Attorney
Alaska Civil Liberties Union
227 - 7th Street
Juneau, AK 99801
Telephone: (907) 586-3309
POSITION STATEMENT: Testified in favor of HB 125
ELMER LINDSTROM, Special Assistant
Office of the Commissioner
Department of Health and Social Services
P.O. Box 110601
Juneau, AK 99811-0601
Telephone: (907) 465-3030
POSITION STATEMENT: Testified in favor of HB 125
STEVE MCPHETRES
Alaska Council of School Administrators
326 4th Street, No. 404
Juneau, AK 99801
Telephone: 465-9702
POSITION STATEMENT: Testified in favor of HB 125
LEE ANN LUCAS, Special Assistant
Office of the Commissioner
Department of Public Safety
P.O. Box 111200
Juneau, AK 99811-1200
Telephone: (907) 465-4322
POSITION STATEMENT: Testified in favor of HB 125
CLAUDIA DOUGLAS, President
National Education Association of Alaska
114 Second Street
Juneau, AK 99801
Telephone: (907) 586-3090
POSITION STATEMENT: Testified in favor of HB 125
HELEN MURKINS
801 West 10th Street
Juneau, AK 99801
Telephone: (907) 465-8730
POSITION STATEMENT: Testified in favor of HB 125
MELINDA GRUENING, Administrative Assistant
Representative Joe Green
State Capitol, Room 24
Juneau, AK 99801-1182
Telephone: (907) 465-4931
POSITION STATEMENT: Testified in favor of HB 125
PREVIOUS ACTION
BILL: HB 125
SHORT TITLE: JUVENILE CRIMINAL RECORDS TO SCHOOLS
SPONSOR(S): REPRESENTATIVE(S) GREEN, Toohey, Bunde, Phillips, Ogan
JRN-DATE JRN-PG ACTION
01/26/95 143 (H) READ THE FIRST TIME - REFERRAL(S)
01/26/95 143 (H) HES, JUD
02/23/95 (H) HES AT 03:00 PM CAPITOL 106
02/23/95 (H) MINUTE(HES)
02/23/95 (H) MINUTE(HES)
02/23/95 (H) MINUTE(HES)
03/16/95 (H) HES AT 02:00 PM CAPITOL 106
03/16/95 (H) MINUTE(HES)
03/17/95 769 (H) HES RPT CS(HES) 2DP 1NR 2AM
03/17/95 770 (H) DP: BUNDE, TOOHEY
03/17/95 770 (H) NR: G.DAVIS
03/17/95 770 (H) AM: ROKEBERG, ROBINSON
03/17/95 770 (H) FISCAL NOTE (COURT)
03/17/95 770 (H) 2 ZERO FISCAL NOTES (DOE, DHSS)
03/17/95 792 (H) COSPONSOR(S): PHILLIPS
03/29/95 (H) JUD AT 01:00 PM CAPITOL 120
BILL: HB 201
SHORT TITLE: PRISONER LITIGATION AND APPEALS
SPONSOR(S): RULES BY REQUEST OF THE GOVERNOR
JRN-DATE JRN-PG ACTION
02/27/95 488 (H) READ THE FIRST TIME - REFERRAL(S)
02/27/95 488 (H) STATE AFFAIRS, JUDICIARY, FINANCE
02/27/95 488 (H) 3 ZERO FISCAL NOTES (LAW, CORR, DPS)
02/27/95 488 (H) 2 ZERO FISCAL NOTES (ADM)
02/27/95 488 (H) GOVERNOR'S TRANSMITTAL LETTER
03/07/95 (H) STA AT 08:00 AM CAPITOL 102
03/07/95 (H) MINUTE(STA)
03/14/95 (H) STA AT 08:00 AM CAPITOL 102
03/14/95 (H) MINUTE(STA)
03/16/95 (H) STA AT 08:00 AM CAPITOL 102
03/16/95 (H) MINUTE(STA)
03/18/95 (H) STA AT 10:00 AM CAPITOL 102
03/18/95 (H) MINUTE(STA)
03/20/95 807 (H) STA RPT 3DP 1NR
03/20/95 807 (H) DP: JAMES, GREEN, ROBINSON
03/20/95 807 (H) NR: IVAN
03/20/95 808 (H) 3 ZERO FNS (LAW, CORR, DPS) 2/27/95
03/20/95 808 (H) 2 ZERO FNS (ADM) 2/27/95
03/27/95 (H) JUD AT 01:00 PM CAPITOL 120
03/27/95 (H) MINUTES(JUD)
03/29/95 (H) JUD AT 01:00 PM CAPITOL 120
BILL: HB 199
SHORT TITLE: CRIMINAL TRANSMISSION OF HIV
SPONSOR(S): REPRESENTATIVE(S) OGAN
JRN-DATE JRN-PG ACTION
02/27/95 487 (H) READ THE FIRST TIME - REFERRAL(S)
02/27/95 487 (H) STATE AFFAIRS, JUDICIARY, FINANCE
03/07/95 (H) STA AT 08:00 AM CAPITOL 102
03/07/95 (H) MINUTE(STA)
03/14/95 (H) STA AT 08:00 AM CAPITOL 102
03/14/95 (H) MINUTE(STA)
03/15/95 737 (H) STA RPT CS(STA) 2DP 1DNP 3NR
03/15/95 737 (H) DP: GREEN, OGAN
03/15/95 737 (H) DNP: ROBINSON
03/15/95 737 (H) NR: JAMES, PORTER, WILLIS
03/15/95 737 (H) INDETERMINATE FISCAL NOTE (LAW)
03/15/95 (H) 2 ZERO FISCAL NOTES (ADM, CORR)
03/29/95 (H) JUD AT 01:00 PM CAPITOL 120
BILL: HB 237
SHORT TITLE: WORKERS' COMPENSATION AMENDMENTS
SPONSOR(S): REPRESENTATIVE(S) MULDER BY REQUEST, Porter, Foster
JRN-DATE JRN-PG ACTION
03/06/95 597 (H) READ THE FIRST TIME - REFERRAL(S)
03/06/95 598 (H) LABOR & COMMERCE, JUDICIARY
03/08/95 630 (H) JOURNAL CORRECTION
03/15/95 (H) L&C AT 03:00 PM CAPITOL 17
03/15/95 (H) MINUTE(L&C)
03/17/95 775 (H) L&C RPT 3DP 3NR
03/17/95 776 (H) DP: ROKEBERG, KOTT, PORTER
03/17/95 776 (H) NR: MASEK, KUBINA, ELTON
03/17/95 776 (H) 3 ZERO FISCAL NOTES (DCED, LABOR, ADM)
03/29/95 (H) JUD AT 01:00 PM CAPITOL 120
ACTION NARRATIVE
TAPE 95-37, SIDE A
Number 000
The House Judiciary Standing Committee was called to order at 1:09
p.m. on Wednesday, March 29, 1995. A quorum was present. The
meeting was teleconferenced to Haines, Dillingham, Seattle, Kenai,
Kodiak, Anchorage, and Homer. CHAIRMAN BRIAN PORTER stated that
the following bills would be heard: HB 125, HB 199, and HB 237.
He began the meeting with testimony on HB 125.
HB 125 - JUVENILE CRIMINAL RECORDS TO SCHOOLS
CHUCK COONS, School Principal from an undisclosed Alaskan village,
testified via teleconference from his hospital bed in Seattle. He
described a situation in which he had been assaulted on the school
grounds. He noted that he has been a school principal for 12
years. Over the years, he said they have not been allowed to work
closely with Public Safety Officers and with the Division of Family
and Youth Services (DFYS) in obtaining information on potentially
dangerous students. As a school employee, he is concerned that
there are children coming into the building who are putting others
at risk. From a village point of view, rural educators are the
greatest advocates for children, and we need to protect other
children as well as ourselves.
REPRESENTATIVE CON BUNDE asked Mr. Coons if he supported HB 125.
MR. COONS answered that yes he does. He added that teachers in the
village many times become the counselors, the nurses, the big
brothers, fathers, you name it. There are a lot of problems these
children have that we are totally unaware of. For the kids
involved, it is important for the schools to know about problems
these children have.
REPRESENTATIVE BUNDE asked him if he felt having this legislation
in effect would have been an asset to him. He also asked Mr. Coons
if he had seen the committee substitute changes.
MR. COONS answered that he had not seen the bill nor the changes.
His total knowledge of the bill is that it would mandate disclosure
of juveniles who had previous problems with whatever agency.
REPRESENTATIVE BUNDE said one change would remove the mandatory
disclosure.
MR. COONS did not feel that disclosure of records was necessary
every time a youngster commits a crime, but he was concerned about
the ones who are repeat offenders. These are the type of children
they should have access to information about, kids who have
repeatedly committed violent acts.
REPRESENTATIVE BUNDE asked Mr. Coons how it would have helped him
in his particular assault situation, to have known about the
criminal record of the student.
MR. COONS said if he had known that this particular youngster was
prone to use his fists, he might have taken a greater physical
distance from him. He would not have been caught so unaware and
unprepared.
REPRESENTATIVE JOE GREEN asked MR. COONS if he dared speculate what
would have happened if this had involved a woman teacher.
MR. COONS answered that he is not a small man, but he would imagine
that if this type of confrontation had happened to a female
teacher, the student could have killed her.
DOROTHY OETTER, Assistant Principal, Service High School, testified
via teleconference. She said that they run into this problem of
nondisclosure of information, which results in the unfortunate
situation where they do not have all of the agencies working
together for the benefit of the child. Each agency has a little
piece of the puzzle, and none of them have a full picture of what
is happening with the child. After committing a crime, children
are being dropped back into situations in school that were not
positive for them to begin with, and no one even knows it is
happening. We are speaking in support of the students. We need to
set up a situation where we are made aware, and can then set up
some kind of program to help them through at each level, to succeed
in school. She feels strongly about sharing the information
amongst agencies.
Number 300
RICHARD HEABHARD, Principal, Haines High School, Testified via
teleconference. He felt this legislation was a matter of urgent
importance. Because of the growing violence all across this
nation, including communities such as Haines, he is wholeheartedly
urging the Legislature to make it a requirement for law enforcement
agencies, as well as DFYS, to disclose to school officials
information concerning elementary or secondary school age juveniles
who have committed acts of violence or serious offenses. In doing
so, schools would be able to provide an environment more protective
of students and staff. He worked in a school in California for
eight years prior to taking his current position in Haines. The
on-campus violence was reduced drastically when legislation and a
local ordinance were passed, requiring full and complete disclosure
of this essential information. Because teachers were alerted to be
watchful of these students, they were able to place potentially
dangerous students into special programs that would help them.
CHAIRMAN PORTER asked Mr. Heabhard if he was aware that the
prohibition of disclosing this information had been lifted last
year, and became effective four months ago.
MR. HEABHARD felt giving out the information should be mandated,
and not left up to the discretion of local law enforcement agencies
or to the Division of Family and Youth Services.
REPRESENTATIVE CYNTHIA TOOHEY asked Chairman Porter if this
gentleman could be refused that information.
CHAIRMAN PORTER said that in developing this legislation, there has
been at least one instance where the police department has
indicated the desire not to release this information.
Number 400
LOU MATHESON, Principal, Dillingham School, testified via
teleconference. He agreed that they need the information in order
to support the students, and to place them in an environment that
does not enhance their bad behavior. If we do not know about the
problem, there is no way we can do that. We are allowed to have
this information now, but in order to have it, we must request it,
and many times we do not know to request it. If disclosure of this
information is required, information on a student will come to them
that they would not have known to request.
REPRESENTATIVE TOOHEY suggested sending a request for information
on all students. There must be some type of blanket form that you
can use to request information on all children who seem to be
violent.
LARRY LEDOUX, President of the Alaska Association of Secondary
School Principals, also the School Principal in Kodiak, Alaska,
testified via teleconference. In doing this for ten years, he has
seen a tremendous increase in violence in schools. This year
alone, they have expelled seven students for violence, including
knife assaults, brass knuckles, and firearms. Four years ago, he
did not even know the expulsion procedure. Now it seems to be the
norm. Teachers have been threatened with weapons. Some of these
students have a criminal history and some of them do not. His
business is kids, and for him to be successful, he has to know what
is happening in their lives. The greatest chance for success for
children who get into trouble with the law, is the schools, and we
have to know what is going on with them. For example, a gang of
kids assaulted a fisherman, and put him in the hospital with stab
wounds. The school was not contacted as to what happened, although
the police had interviewed the kids. Those kids were in his school
the next day, walking around. In the newspaper one night, he read
that a child had tried to shoot a parent with a shotgun. The
teachers and kids all knew it had happened, but nobody knew who it
was, because the information on a juvenile could not be released.
Kodiak, like many other communities, has experienced a tremendous
increase in gang activities; something Alaska has never faced
before. What he has seen is that this information MAY be released.
There is a big difference between MAY and SHALL. If you are a
police officer or if you are working for DFYS, you are not going to
risk your job by sharing too much. If there is doubt, you would
not share the information. Like many principals across the state,
Mr. LeDoux believes we must have mandatory communication. We will
not be able to handle the new violence in Alaska unless we work as
a team. If we do not start mandating that and enforcing it, it is
going to be business as usual.
BRAD SNODGRASS, Principal, King Career Center, who testified via
teleconference, has been a long time educator in the state of
Alaska, and began his career in Juneau in 1969. He has been a
school administrator for 17 or 18 years. He gave examples of
students he has had to deal with just this year, to give the
committee an idea of the changes in their student body. In the
course of this year, they have had one student murdered, they had
four students go to jail for that murder, and two students in jail
for attempted murder. One student was arrested in his office one
day for attempted murder, and was returned to school the next day
without notification by a police officer, which is not unusual. He
finds out about these things through the grapevine. The law
enforcement agencies do not tell the school about these potentially
dangerous students. We had two students in the same class, of
which one of them had shot at the other over the weekend. A victim
and her assaulter had been placed in the same class, due to the
fact that the school had not known about the incident. We have
also had students come to school the next day after a gun point
robbery. A positive example is that we had prior notice of a sex
offender, and because of that knowledge, they were able to alert
the teachers to appropriate placement and appropriate surveillance
as well. We need to provide a safe environment for our kids,
taking into account that our doors are open to virtually every type
of offender. He mentioned that AS 14.30.040 states that a student
can be denied admission for cause, one cause being conviction of a
felony, in which the governing body of the district determines that
admitting the child into school would be inimicable to the welfare
and education of other people. That has never been able to be
enforced, because of the fact that they do not have this necessary
information.
Number 600
RANDY ROSENKRANTZ, Police Officer, City of Homer, testified via
teleconference. He told the story of three Homer boys, ages 11, 12
and 13, who were charged in Juvenile Court in 1993, for sexually
assaulting a five year old girl. The case came to light when the
girl began having nightmares, and suddenly feared being left alone
in public. The girl's mother brought her into counseling, and this
brought about a disclosure that was reported to the police. After
the boys were charged in juvenile court, they were released to the
custody of their parents or guardians with certain conditions of
release, and were placed back into public school. School officials
and parents were quickly made aware of the circumstances through
reports and rumor, and understandably became upset that these
juveniles would be attending school with their own children.
School officials had no way to even make an attempt to diffuse the
situation, because when they called the police department or DFYS,
they could not even be told the identity of the juveniles due to
confidentiality requirements. Similar problems arose in 1994 when
certain juveniles who attended high school were charged in a
burglary where several handguns were stolen and not yet recovered.
The suspects, quite possibly in possession of handguns, were
attending school with no information provided to school officials.
HB 125 would alleviate this problem by making it possible for law
enforcement agencies to notify school principals when students are
charged with felony crimes. Not only would this increase the
safety of school students and staff, but it would also enable
school counselors to identify and assist students who have been
charged with crimes.
CHAIRMAN PORTER asked Mr. Snodgrass if he was aware that current
law provides for that to happen.
MR. SNODGRASS answered that as he understands it, current
confidentiality requirements do not allow the police departments to
provide that information to our school officials.
CHAIRMAN PORTER said we definitely are not getting the word out,
because that it is not the case. The law passed last session and
became effective four months ago, allowing agencies to share this
information.
REPRESENTATIVE TOOHEY asked if there is some way they can alert the
Department of Education that this information is out there, and
that the department should become responsible for getting the word
out. Otherwise Representative Toohey will go to the telephone and
call all school districts.
CHAIRMAN PORTER thought there was a mechanism in place that will
start that information sharing process.
Number 700
MARGOT KNUTH, Assistant Attorney General, Criminal Division,
Department of Law, said there are two issues before the
legislature. The first one is getting notice to school officials
about dangerous students, and the second is whether to pass a law
making this disclosure mandatory. Last year, SB 54 passed through
the legislature, and for the first time, law enforcement officials
and state agencies were authorized to make disclosures to schools
about students for the safety of students and staff. The problem
is that after the law passed, nothing was done right away in
response to the change. The Department of Health and Social
Services first began by working on a regulations project, which is
now almost complete. However, in the interim, steps are finally
being taken, and very rapidly at this point, to address this
problem. DFYS has developed a form that goes to the principal of
the school and it will identify the probation officer and provide
the probation officer's telephone number. It also identifies the
youth, by name, date of birth, and what offense the youth has been
charged with. It indicates whether the victim is a student or
staff member, and tells the school where the child is placed.
There is a notice on it that the information is confidential, and
can only be placed in the student's record, and disclosed to school
officials as necessary to protect the safety of school students and
staff. Other dissemination is not permitted. This form has been
printed in the past week and is going out within the next seven
days. It will be used statewide, and will get to schools within
ten days of an incident, in virtually every incident you can think
of.
MS. KNUTH pointed out that there is a gap. There is a problem
where a particularly dangerous incident occurs, and you need to
know immediately. Law enforcement has taken it upon themselves to
create a form, a confidential alert to possible safety issues for
students or staff at your school. This is a form that the Troopers
have prepared which will be made available to all law enforcement
agencies in the state to use for themselves. There are over 50
different law enforcement agencies in the state. The form provides
the agency, its case number, who the officer is, and a telephone
number the school can call for more information. It gives the
principal's name, the school telephone number, and fax number where
the information is going to. It will identify the individual and
indicate what the alleged offense is, whether the victim is a
student or staff member, and whether the offense involved use of a
deadly weapon. This has been done because the state does care
about the safety of students and staff, and as we have heard, this
violence in schools, though fairly recent, is escalating at a
frightening level. Unfortunately, incidents occur where there is
not enough information in the past that would allow you to foresee
this particular incident.
MS. KNUTH recommended against making this a mandatory duty
provision, from a liability point of view. We are now in a
situation that, just as we have escalating violence that we have
never had before, we also have escalating tort liability that we
have never had before, and it is out of control at this point. If
we pass a mandatory statute that says there shall be mandatory
disclosure, somebody is going to be injured, and a suit is going to
filed, and the question of whether there was a breach of the duty,
under the statute, is going to be duked out after that, and we will
have to go through litigation to find out that, in fact, the former
offenses were all misdemeanors, and that it was not a situation in
which notice was required under the law.
TAPE NO. 95-37, SIDE B
Number 000
REPRESENTATIVE GREEN asked what assurance there is that this will
continue once it is established. The law passed last June, and for
the next six months nothing happened, and then it became effective
toward the end of the year, four months ago, and still nothing
happened; and now that the introduction of HB 125 is gaining
momentum in the past week or two, we are really catching fire. His
concern was that when the brushfire is over, so will those things
be over. He asked Ms. Knuth about the potential litigation that
could occur because of a provision. What about the other side of
that coin? What about the fact that a man who weighed over 200
pounds was beaten up so severely he had to go to a hospital, and
that a little girl was raped? What about the duty there to notify
a school system which children are required to attend, and they can
become victims because of lack of information supplied to that
school? That is an atrocity, and very litigable.
MS. KNUTH agreed. She said they were all familiar that bureaucracy
is unwieldy, and it takes a while to get things set up, but once
you do come up with a procedure, the new forms will be distributed
and become a part of the new bureaucracy, and the inertia says that
once you start something, it is going to go forward and continue.
Number 200
JOHN CYR, School Teacher, Wasilla High School, testified via
teleconference. He started teaching in 1971. The young people he
works with today are more violent and callused than anything he
could have imagined in his earlier days of teaching. This year, he
started with more than 160 students on the class role. More than
50 percent of them come from non-traditional homes. Nearly 15
percent of them are on their own. They share apartments with
friends, or move from house to house as the occasion and the
opportunity arises. Some of his students have probation officers,
and more than a few of them have been through the juvenile court
system. He has had more than one student this year who has had to
wear a court ordered bracelet that allows the court to monitor
their activities at all times. The days of Ozzy and Harriet, if
they ever existed, are long over. How do I know about probation
officers and ankle bracelets? Kids tell me, and they brag to each
other. But what about the violent students who do not brag to
their friends? Which ones are they? How many handguns are taken
from students in Anchorage who later end up in my history classes?
MR. CYR said that to some degree, his concern is for these young
offenders, but his primary concern is for the education and safety
of all of the students he sees every day. Schools must be a
sanctuary. Young people must be safe in the school environment.
The only way for our young people to be safe is for those of us who
are in the trenches, teachers and classroom aides, to know who we
are dealing with. If a student has a history of violent behavior,
we have to be made aware of the situation. We must be given the
opportunity to educate and protect everyone in our classes. We all
want our students and employees to be safe, and if we do not look
at who we are dealing with, we cannot do our job.
Number 275
MARGARET BERCK, Attorney, spoke on behalf of the American Civil
Liberties Union (ACLU). She believed the ACLU would be in support
of the position taken by the Department of Law. It seems that
there is existing law that requires this kind of information to be
automatically distributed onto the forms that Ms. Knuth described
moments ago. She also thought a space should be included that
would tell the school officials whether or not, as a condition of
release on probation, the student is required to attend school, so
that if the child is not attending school, the school officials can
alert the probation officer of this probation release violation.
As it stands now, it is up to the probation officers to contact
schools periodically to see if the people under their charge who
are required to attend school, are in fact, attending. But it
would be very beneficial for the schools to immediately notify the
probation officer when that student does not attend in the morning.
Getting that information to a probation officer would essentially
get the case back in court, and would question the continued
release of the child for having violated conditions of release,
which is, in fact, a separate crime. She supported the position on
this legislation taken by the Department of Law.
ELMER LINDSTROM, Special Assistant, Office of the Commissioner,
Department of Health and Social Services, explained that there is
a new process for implementing the new policy that the Department
of Law previously spoke to. He read the first paragraph of a
handout he provided to the committee:
"To:All Regional Administrators in DFYS
"From: Acting Director of DFYS
"Subject: Policy, Disclosure of records to School Districts
"This memo is a policy change regarding disclosure of information
to school districts, regarding youth who are alleged to have
committed violent offenses and who may pose a danger to students or
staff. Policy: Effective immediately, probation officers are to
notify school administrative staff if there is probable cause to
believe that a youth has committed one of the following offenses,
and may pose a danger to staff: murder, assault, sexual assault,
sexual abuse of a minor, robbery, theft, burglary, arson, criminal
mischief, misconduct with a weapon, felony drug violation, and
disorderly conduct."
MR. LINDSTROM said the memo further explains how this will be
implemented. The point is that we are going to make every effort
to implement the disclosure provisions contained in SB 54 from last
year. We appreciate the effort this committee put into that bill,
as well as staff from the Department of Law, school administrators
and staff, and we believe we can go forward with this policy, and
make the progress that everybody recognizes needs to be made.
Number 540
STEVE MCPHETRES, Alaska Council of School Administrators (ACSA),
spoke in support of having mandatory language in HB 125 so they can
have some assurance. He said this legislation just tips the edge
of the iceberg. We are talking about a juvenile system that needs
to be looked at through and through. Young people now are more
involved with situations that are more complex and have to be dealt
with in some other structure than what we currently have. It is
time to drop the walls on these boxes that each agency has built
around itself, and consider the fact that in the center, is that
child. We have to start setting up a structure in which we can
work with that child in an open, responsible fashion. He hoped
this legislation would only be a catalyst to more legislation
coming down the line that will help school officials do their jobs.
Number 600
LEE ANN LUCAS, Special Assistant, Office of the Commissioner,
Department of Public Safety, followed up on some comments made
earlier. The Department does support disclosure of information by
law enforcement, on juvenile cases, as is necessary to protect the
safety of students and teachers. The form, developed as a result
of concerns, has been sent out to the field for detachment
commanders to do a final review on it. It is the Commissioner's
intent that this procedure be implemented immediately. They will
also be providing information packets to local law enforcement
agencies for them to start a policy development and to get
procedures in place. The Department has developed a model set of
procedures that any local law enforcement agency should be able to
adopt. Their goal is to make it as easy as possible for everyone
to get on line with this as soon as possible. There are a couple
of opportunities coming up in the next couple of weeks to share
this information with law enforcement officers. One is the Alaska
Peace Officers Association in Anchorage, in May. We have requested
time be set aside to provide a training and briefing period for law
enforcement officers in this area. Since the information has not
been put out there, law enforcement officers are not aware of what
they can do. SB 54 is a departure of what law enforcement
practices have been for years, and with some education, policies
and procedures, we can make this happen. She thanked
Representative Green for bringing this to the forefront and getting
this dialogue process started.
Number 620
CLAUDIA DOUGLAS, President, National Education Association of
Alaska (NEA-Alaska), testified representing school employees in the
state. She said all of them are shocked, alarmed and dismayed at
the acts of violence, not only toward children, but by children in
the schools. As a school counselor, it is hurtful to know about
the things that happen in our schools. Children and school
employees are afraid. She felt reporting to be mandatory within
the schools. She said they do not want to just throw students out
of school, they want to work with the families and come up with
alternatives.
Number 680
HELEN MURKINS, Program Manager, Safe and Drug-Free Schools,
Department of Education, has been increasingly aware of issues
related to student safety in the last couple of years. It has been
escalating. She is also responsible, at the state level, for
implementing the federal law in regard to the Gun-Free Schools Act.
The Department of Education is in support of this legislation. She
said that by the time a student has gone through all the elaborate
processes of investigations and hearings prior to being expelled
from a school district, the attempts to help that child are at the
point where they are a broad, inter-agency responsibility. The
schools have exhausted their resources at that point, and are truly
desperate and concerned for the safety of the general student
population.
REPRESENTATIVE GREEN explained that the committee substitute does
what the Department of Law indicated, that the avenues for
communication established, will still operate on a voluntary basis,
because of the recent effective date of the Senate bill. The
committee substitute goes further in the direction of a compromise,
in that it gives a deadline for establishing that protocol.
Number 750
MELINDA GRUENING, Administrative Assistant to Representative Green,
explained CSHB 125, Version U. She wanted to correct some
testimony heard in the meeting. The original HB 125 mandated
felony crime disclosure, but certainly did not limit disclosure of
misdemeanor crimes. They would also be allowed to be disclosed,
but would not be disclosed mandatorily. She stated the language
would require that a mutually agreeable protocol be set up between
DFYS, local law enforcement agencies, and the local school
districts that they would disclose to. That would provide each
area to have a means of disclosure that would work for them. As it
has been previously stated, what would work for the Anchorage
school district, and the Anchorage law enforcement, would be very
different than what would work for Juneau or for a village. The
committee substitute does have a 90-day deadline running from the
date of the bill's effective date, for establishing the protocol,
due to the urgency of this need.
Number 840
REPRESENTATIVE DAVID FINKELSTEIN asked Ms. Knuth if there was any
deterring language in this bill that would derail the current
process going on, administratively, to get this system in place.
MS. KNUTH believed so. It is the use of the `protocol' language.
`Protocol' does not have a legal meaning. It is not one of the
devices that is currently in use. What the state does is adopt
`regulations', so to the extent that this requires the Department
to enter into a protocol, she interprets that to be something
different than what we are doing at this point. She would have to
decide what a protocol is. It sounds like an agreement with some
form or formality with school districts, that would take some time
to develop.
TAPE 95-38, SIDE A
Number 000
REPRESENTATIVE BUNDE felt they should choose another word to
replace the word `protocol'. What would be a more usual term, that
the Department of Law would see fit?
REPRESENTATIVE GREEN said that in the meetings they had about this
language, which Chairman Porter and the Representative from the
Department of Law were at, the word protocol was used. If the word
is not appropriate, it seems that would have been the time for the
Department of Law to have mentioned that a different word was
needed. The intent was expressed over and over and over again at
these last two meetings, so he did not feel that was the issue.
And if the word 'shall' on lines 4 and 5 of Page 2 need to be
changed to 'may' so that what we are trying to do with this
amendment is to take a giant step backwards from what the school
systems have repeatedly told you they need, to make sure that, for
the lack of a better word at this time, a 'protocol' is
established, that these agencies may notify the schools. If it is
that important, if there is still this concern over legality, he
would certainly entertain a friendly amendment to this proposal,
because what he is beginning to see unravel again, is the intent by
which everyone seemed to agree to at one time. And now, just a
week later, it is starting to unravel, and a month from now it will
unravel even more. That is why he is pushing so hard to establish
this as law, to be sure that we get accomplished this avenue. The
intent is that we mandate that there will be an avenue of
communication established to break the walls of these boxes down.
The committee took a brief at ease.
CHAIRMAN PORTER stated that, with permission of the sponsor, he
would like to hold this over, and come up with another committee
substitute on Friday.
ADJOURNMENT
The House Judiciary Committee adjourned at 3:10 p.m.
| Document Name | Date/Time | Subjects |
|---|