03/03/2004 01:38 PM Senate HES
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ALASKA STATE LEGISLATURE
SENATE HEALTH, EDUCATION AND SOCIAL SERVICES STANDING COMMITTEE
March 3, 2004
1:38 p.m.
TAPE(S) 04-11
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Lyda Green, Vice Chair
Senator Gary Wilken
MEMBERS ABSENT
Senator Bettye Davis
Senator Gretchen Guess
COMMITTEE CALENDAR
SENATE BILL NO. 340
"An Act relating to the detention of delinquent minors in
correctional facilities; relating to emergency detention of
minors for evaluation for involuntary admission for mental
health treatment; relating to detention of intoxicated minors
and minors incapacitated by alcohol or drugs; and providing for
an effective date."
MOVED SB 340 OUT OF COMMITTEE
HOUSE BILL NO. 282
"An Act relating to contracts between the University of Alaska
and its employees involving research or other development of
intellectual property and to the authority of the president of
the University of Alaska regarding employee contracts for
development of intellectual property."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 340
SHORT TITLE: DETENTION OF MINORS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/16/04 (S) READ THE FIRST TIME - REFERRALS
02/16/04 (S) HES, JUD
03/03/04 (S) HES AT 1:30 PM BUTROVICH 205
BILL: HB 282
SHORT TITLE: UNIVERSITY EMPLOYEE RESEARCH CONTRACTS
SPONSOR(s): REPRESENTATIVE(s) FATE
04/23/03 (H) READ THE FIRST TIME - REFERRALS
04/23/03 (H) HES, L&C
05/15/03 (H) HES AT 3:00 PM CAPITOL 106
05/15/03 (H) Scheduled But Not Heard
01/22/04 (H) HES AT 3:00 PM CAPITOL 106
01/22/04 (H) Moved Out of Committee
01/22/04 (H) MINUTE(HES)
01/23/04 (H) HES RPT 3DP 1NR
01/23/04 (H) DP: CISSNA, SEATON, WILSON; NR: GATTO
02/02/04 (H) L&C AT 3:15 PM CAPITOL 17
02/02/04 (H) Moved Out of Committee
02/02/04 (H) MINUTE(L&C)
02/04/04 (H) L&C RPT 4DP 3NR
02/04/04 (H) DP: CRAWFORD, ROKEBERG, GUTTENBERG,
02/04/04 (H) ANDERSON; NR: LYNN, GATTO, DAHLSTROM
02/19/04 (H) TRANSMITTED TO (S)
02/19/04 (H) VERSION: HB 282
02/20/04 (S) READ THE FIRST TIME - REFERRALS
02/20/04 (S) HES
03/03/04 (S) HES AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
MS. PATTY WARE, Director
Division of Juvenile Justice
Department of Health & Social Services (DHSS)
PO Box 110635
Juneau, AK 99801-0635
POSITION STATEMENT: Presented SB 340.
MR. AL STOREY, Lieutenant
Division of Alaska State Troopers
Department of Public Safety
PO Box 111200
Juneau, AK 99811-1200
POSITION STATEMENT: Testified in support of SB 340.
MR. JIM POUND
Chief of Staff for Representative Hugh Fate
Alaska State Capitol
Juneau, AK 99801-1182
POSITION STATEMENT: Provided sponsor statement for HB 282.
ACTION NARRATIVE
TAPE 04-11, SIDE A
CHAIR FRED DYSON called the Senate Health, Education and Social
Services Standing Committee meeting to order at 1:38 p.m.
Present were Senators Wilken, Green, and Chair Dyson.
SB 340-DETENTION OF MINORS
MS. PATTY WARE, Director of the Division of Juvenile Justice
(DJJ), Department of Health & Social Services (DHSS), testified
that SB 340 modifies the delinquency as well as the alcohol and
mental health statutes. It prohibits the placement of minors in
a jail or secure facility - including a secure justice facility
solely related to protective custody - due to mental illness,
disability, intoxication or incapacitation by alcohol or drugs.
She emphasized that this does not impact the department's
ability to hold juvenile offenders who are accused of a
delinquent or criminal offense in an adult jail or juvenile
facility, but relates to kids being held due to protective
custody concerns related to intoxication or mental illness. She
clarified, "so we will continue to provide accountability and
hold juvenile offenders accountable, and protect the community."
MS. WARE said the bill is a requirement for DHSS/DJJ to be in
compliance with the most recent reauthorization of the federal
Juvenile Justice and Delinquency Prevention Act (JJDPA), which
went into effect on October 1, 2003. As background, she said
the division currently receives approximately $700,000 annually
in a formula grant that is used for an array of services for
juveniles across the state. As a recipient of those funds, the
state is required to be in compliance with core requirements of
that act. She outlined the requirements, beginning with
adherence to deinstitutionalization of status offenders and non-
offenders. For purposes of this legislation, juveniles who are
in a locked facility for protective custody purposes are
considered to be non-offenders because they have not committed a
crime.
MS. WARE continued that there must also be separation of
juveniles from adult offenders in institutions. In those
instances where it is allowable to hold juvenile offenders in
adult jails or lockup [facilities], juveniles must be held
separately - both in sight and sound - from adult offenders.
Also, regarding removing juveniles from adult jails and lockup
facilities, there are certain circumstances where states are
allowed to hold juvenile offenders in adult jails. Given the
geographic challenges in Alaska, this is allowable if the
juvenile is an accused offender. Lastly, reducing over-
representation of minorities in the juvenile justice system;
there are no numerical requirements and the state is currently
in compliance with that particular core mandate.
MS. WARE said Alaska is currently out of compliance with the
numerical requirements of the Act, and has been notified that
the state will lose 40 percent of federal funds related to the
federal grant year for the FFY 2004 grant award. SB 340 allows
for seeking reinstatement of 20 percent of that loss of federal
funding. From the federal policy perspective, in addition to
Alaska's violation rates being too high, Alaska has not shown
that it's in the best interest of kids to not hold juveniles in
a locked setting when they haven't committed a crime. However,
she emphasized that it is in the best interest of kids and said,
"We should not be putting a juvenile in an adult or a juvenile
jail when they have not committed a delinquent offense."
MS. WARE said there are alternatives for young people who are
severely incapacitated. The state has a fairly robust array of
non-secure shelters. These are alternatives provided by non-
profit agencies. Through the federal grant, money is provided
to eight different agencies that in turn provide services to ten
different communities in the state. Those existing non-secure
shelter communities are located in Fairbanks, Juneau, Kenai
(serving Kenai, Seward, and Homer), Kodiak, Ketchikan, Valdez,
Sitka, Barrow, and Wrangell. She said work is being done to
expand the array of non-secure shelters. An agreement has
recently been signed to provide for a non-secure shelter
alternative in the Mat-Su Borough. Also, work is being done to
provide shelter services in: Anchorage, Barrow, Wrangell,
Dillingham, Emmonak, Hooper Bay, and Kotzebue.
MS. WARE said the expansion of non-secure shelters is one
alternative for this population, and communities with high
violation rates are being targeted; it is a resource allocation
decision based on data. She told members that there are many
stakeholders both in the state and the non-profit sector who
have stepped up to the plate. She mentioned the Bethel Youth
Facility as an example. In FY 03, 25 percent of the detention
admissions were Title 47 admissions, involving either protective
custody alcohol or mental health. Because Bethel Youth Facility
has worked closely with the Yukon Kuskokwim Health Corporation
(YKHC), when a Title 47 juvenile is brought in, he/she is
brought to a hospital bed that is managed by YKHC. This
situation is both helpful and a more appropriate use of
resources as it helps to reduce over-crowding at a youth
facility and is more appropriate from the standpoint of
treatment for that young person's needs. Based on an evaluation
and assessment, a young person can be referred to a wide array
of behavioral health interventions that YKHC can provide. Ms.
Ware concluded by saying the division works closely with state
and local law enforcement, the troopers and DPS. Training
materials and information will need to continue to be developed
so that troopers are clear on what can and cannot be done
regarding this change in statute.
MR. AL STOREY, Lieutenant, Division of Alaska State Troopers,
Department of Public Safety (DPS), added that DPS has talked
repeatedly with Ms. Ware about this topic and supports her
position. He mentioned that there is a firm commitment from DPS
to provide training and training materials so that troopers
understand limitations. DPS is also working with the local
police department, furthering an understanding of the
requirements for compliance. He said for the most part,
business is already conducted as required. There have been some
violations, as articulated by Ms. Ware, and he doesn't know if
those violations were done by the local police department or the
troopers, but DPS and DJJ are working towards resolving those
issues to properly manage juvenile Title 47 people and to be in
compliance with the federal requirements that already exist.
CHAIR DYSON asked what his specific assignment or responsibility
is.
LIEUTENANT STOREY replied that he works on the director's staff
for the state troopers and was the legislative liaison.
CHAIR DYSON asked if Lieutenant Storey has had personal
experience working with young people who would be affected by
this action.
LIEUTENANT STOREY said he hasn't worked in the uniformed section
for several years; the bulk of his career has been in the drug
and alcohol portion. The last uniformed patrol he worked was in
the Palmer area, and he did have some intoxicated juveniles to
deal with and also some mental health situations. He said he
has discussed this issue with Captain [John] Glick, Commander of
the C Detachment (covering most of western rural Alaska), who
has assured him that the state strives to comply with these
federal requirements. He said DPS works closely with OCS
[Office of Children's Services] and DJJ to ensure proper
management of the juvenile processes. There are a fair number
of intoxicated juveniles to deal with in the Bethel area,
certainly in Kotzebue, Dillingham, as well as mental health
issues in those areas.
SENATOR LYDA GREEN asked if essentially this bill would fulfill
federal requirement, to comport with re-authorization.
CHAIR DYSON commented, "And [it] brings our law into conformity
with our practice. Is that right?"
MS. WARE said this was correct.
SENATOR GREEN commented that this did not provide for new
facilities or hospital beds.
MS. WARE confirmed this was also correct.
CHAIR DYSON said, as an aside, he was responsible for starting
an audit about a year ago "on the kingdom over which you now
preside" and said he would like to have a conversation with Ms.
Ware at her convenience - perhaps during the middle of this
month - about the problems, audit responses, and the
department's response. CHAIR DYSON asked for the wish of the
committee.
SENATOR GREEN moved to report SB 340 out of committee with
individual recommendations and [attached] fiscal notes.
CHAIR DYSON asked if there was any objection. There being none,
it was so ordered.
1:50 p.m.
HB 282-UNIVERSITY EMPLOYEE RESEARCH CONTRACTS
MR. JIM POUND, Chief of Staff for Representative Hugh Fate,
provided the following sponsor statement on behalf of the bill's
sponsor:
HB 282 is language that will allow our university to
compete in the research and development area. Across
the nation, universities have moved toward a research
role as a way of supplementing the high cost of
education. This valuable research has been
responsible for inventions and innovations that have
moved into the private sector and ultimately made a
profit. Our university system is involved in research
but seldom development because of a lack of financial
incentives based on Alaska's Executive Branch Ethics
Act.
In particular:
AS 39.52.010. Declaration of policy, [(a)(2)](A)
discourage those officers from acting upon personal or
financial interests in the performance of their public
responsibilities;
AS 39.52.170. Outside employment restricted. (a) A
public employee may not render services to benefit a
personal or financial interest or engage in or accept
employment outside the agency, which the employee
serves...
HB 282 will give the president of the university a
recruiting tool that he currently does not have. He,
or in the future, she will be able to negotiate an
intellectual property agreement with a researcher who
could then develop a product that is commercially
viable. Based on those negotiations, the researcher
and the university could both financially benefit from
that commercial enterprise through sale,
entrepreneurial activities - or better yet - the
development of a new industry in the state.
The agreement would allow the researcher to continue
advancing the work, which helps maintain staff
stability at the university. With the passage of HB
282 we will be able to open a new door, one that could
mean a quality staff working on projects that could
bring new ideas, industry and additional non-general
fund dollars to the University of Alaska.
CHAIR DYSON asked how this might negatively or positively affect
education. He referenced paragraph two of the sponsor statement
that states, "Nearly 57 percent of all research conducted in
Alaska is on one of the University's campuses." He wondered,
"How the heck would you know that?"
MR. POUND responded that these numbers were from the University
[of Alaska]; this was from a recent audit done on the university
- from the web page.
CHAIR DYSON said he questions how "all the research going on" is
known, particularly research that is not government-related.
SENATOR GREEN commented that she wasn't terribly comfortable and
suggested that perhaps this was because of the open language
regarding contracts, or that "the development of intellectual
property" had a meaning that she didn't know about, or perhaps
it had to do with the product, or the use of university
facilities. She commented that a person has the ability to use
university facilities for personal gain without the university
being the beneficiary.
CHAIR DYSON explained what he thought this accomplishes. He
said in the engineering profession, it's very common for the
terms of an employer to indicate that "any patents or copyrights
that you come up with during the term of your employment that
are in any way related to your job, become the property of your
employer."
SENATOR GREEN said she was working from that premise.
CHAIR DYSON continued that he suspected that if the university
wanted to recruit someone very talented in a particular area,
the person would say, "I'd like to be working in your facility
and I'd like to be teaching at your campus, but here's the deal.
A whole bunch of what I've been working on and thinking about is
liable to result in something that would be very valuable to
either publish or develop commercially. Can we work out a deal
so that I can do research and conduct a teaching that will be
valuable to education and the university's mission and still not
preclude myself from making money off of stuff I've already been
working on and would probably be continuing to work around." He
said this legislation allows the administration to then say,
"All right. Let's pre-agree on something here in the form of a
contract to do that." He asked if this was correct.
MR. POUND responded this was correct. He said the other side of
this is that there is research and development at university
campuses and it gets to a point where there's a better deal at
another university or somewhere else and a person takes his/her
research, goes to another university, and negotiates a contract
for intellectual property. That has happened.
CHAIR DYSON asked if under existing law, the University [of
Alaska] and faculty members are currently unable to work out a
mutually acceptable agreement.
MR. POUND said this was correct because the university's faculty
and researchers are under the [Alaska Executive Branch] Ethics
Act.
SENATOR GREEN commented that currently there is no prohibition
for the individual to leave with the information and the
property of the university.
MR. POUND said he understood that this is how it currently
works. An individual has the ability to take that information
with him/her.
SENATOR GREEN said, "I think they would still have that, even
with this."
MR. POUND offered that there would be an incentive to remain and
continue to publish, copyright, and patent at the university as
opposed to going somewhere else. He added that this was fairly
common even at state schools. He referred to information in the
committee packet and noted that "intellectual property is now
being used."
SENATOR GREEN asked if anybody else would be testifying today.
CHAIR DYSON indicated that there was no further testimony. He
said he would hold the bill over if she'd like.
SENATOR GREEN said she'd appreciate that.
CHAIR DYSON commented that the back-up materials on HB 282 were
good. He said the bill would be scheduled for Monday [3/8/04]
unless Senator Green needed additional time.
There being no further business to come before the committee,
CHAIR DYSON adjourned the Senate Health, Education and Social
Services Standing committee meeting at 1:59 p.m.
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