Legislature(2019 - 2020)BUTROVICH 205

03/20/2020 01:30 PM HEALTH & SOCIAL SERVICES

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Audio Topic
01:40:31 PM Start
01:41:03 PM HB133
02:18:40 PM Confirmation Hearing(s)
02:45:05 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Rescheduled from 3/18/20 --
+ Consideration of Governor's Appointees: TELECONFERENCED
Alaska Mental Health Trust Board of Trustees
- Anita Halterman
-Rhonda Boyles
State Medical Board
- Lydia Mielke
- Sarah Bigelow-Hood
-- Public Testimony on All Appointees --
+= HB 133 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Moved HB 133 Out of Committee
-Invited Testimony Followed by Public Testimony-
** Please Note: All Public Testimony Will be via
Telephone Only. No In-Person Testimony.
From Juneau: (907) 586-9085
From Anchorage: (907) 563-9085
Outside Juneau & Anchorage: 1-844-586-9085
Written Testimony Will be Accepted at:
shss@akleg.gov
                    ALASKA STATE LEGISLATURE                                                                                  
      SENATE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                    
                         March 20, 2020                                                                                         
                           1:40 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator David Wilson, Chair                                                                                                     
Senator Mike Shower                                                                                                             
Senator Tom Begich                                                                                                              
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Senator Natasha von Imhof, Vice Chair                                                                                           
Senator Cathy Giessel                                                                                                           
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Alaska Mental Health Trust Board of Trustees                                                                                  
Anita Halterman  Eagle River                                                                                                    
Rhonda Boyles - Anchorage                                                                                                       
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
State Medical Board                                                                                                           
Lydia Mielke - Big Lake                                                                                                         
Sarah Bigelow-Hood - Anchorage                                                                                                  
                                                                                                                                
     - CONFIRMATIONS ADVANCED                                                                                                   
                                                                                                                                
HOUSE BILL NO. 133                                                                                                              
"An Act  relating to care  of juveniles and to  juvenile justice;                                                               
relating  to employment  of juvenile  probation  officers by  the                                                               
Department of Health and Social  Services; relating to terms used                                                               
in  juvenile justice;  relating to  mandatory reporters  of child                                                               
abuse  or  neglect;  relating  to sexual  assault  in  the  third                                                               
degree;  relating  to  sexual  assault   in  the  fourth  degree;                                                               
repealing  a  requirement  for  administrative  revocation  of  a                                                               
minor's  driver's   license,  permit,  privilege  to   drive,  or                                                               
privilege to  obtain a license  for consumption or  possession of                                                               
alcohol or drugs; and providing for an effective date."                                                                         
                                                                                                                                
     - MOVED HB 133 OUT OF COMMITTEE                                                                                            
                                                                                                                              
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 133                                                                                                                  
SHORT TITLE: JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                             
SPONSOR(s): REPRESENTATIVE(s) SPOHNHOLZ                                                                                         
                                                                                                                                
04/15/19       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/15/19       (H)       HSS, JUD                                                                                               
04/23/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/23/19       (H)       Heard & Held                                                                                           
04/23/19       (H)       MINUTE(HSS)                                                                                            
04/25/19       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
04/25/19       (H)       Moved HB 133 Out of Committee                                                                          
04/25/19       (H)       MINUTE(HSS)                                                                                            
04/26/19       (H)       HSS RPT 4DP                                                                                            
04/26/19       (H)       DP: TARR, DRUMMOND, ZULKOSKY, SPOHNHOLZ                                                                
02/05/20       (H)       JUD AT 1:45 PM GRUENBERG 120                                                                           
02/05/20       (H)       Heard & Held                                                                                           
02/05/20       (H)       MINUTE(JUD)                                                                                            
02/07/20       (H)       JUD AT 1:45 PM GRUENBERG 120                                                                           
02/07/20       (H)       -- MEETING CANCELED --                                                                                 
02/10/20       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
02/10/20       (H)       Moved HB 133 Out of Committee                                                                          
02/10/20       (H)       MINUTE(JUD)                                                                                            
02/12/20       (H)       JUD RPT 3DP 2NR                                                                                        
02/12/20       (H)       DP: DRUMMOND, STUTES, CLAMAN                                                                           
02/12/20       (H)       NR: SHAW, EASTMAN                                                                                      
02/28/20       (H)       TRANSMITTED TO (S)                                                                                     
02/28/20       (H)       VERSION: HB 133                                                                                        
03/02/20       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/02/20       (S)       HSS, JUD                                                                                               
03/18/20       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
03/18/20       (S)       -- Rescheduled to 3/20/20 --                                                                           
03/20/20       (S)       HSS AT 1:30 PM BUTROVICH 205                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
REPRESENTATIVE IVY SPOHNHOLZ                                                                                                    
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Sponsor of HB 133.                                                                                        
                                                                                                                                
MEGAN HOLLAND, Staff                                                                                                            
Representative Ivy Spohnholz                                                                                                    
Alaska State Legislature                                                                                                        
POSITION STATEMENT: Presented HB 133 on behalf of the sponsor.                                                                
                                                                                                                                
MATT DAVIDSON, Social Services Program Officer                                                                                  
Division of Juvenile Justice                                                                                                    
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT: Provided information on HB 133.                                                                           
                                                                                                                                
ANITA HALTERMAN, Appointee                                                                                                      
Alaska Mental Health Trust Authority Board of Trustees                                                                          
Eagle River, Alaska                                                                                                             
POSITION STATEMENT:  Testified as appointee to  the Alaska Mental                                                             
Health Trust Authority Board of Trustees.                                                                                       
                                                                                                                                
RHONDA BOYLES, Appointee                                                                                                        
Alaska Mental Health Trust Authority Board of Trustees                                                                          
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to  the Alaska Mental                                                             
Health Trust Authority Board of Trustees.                                                                                       
                                                                                                                                
SARAH BIGELOW-HOOD, Appointee                                                                                                   
State Medical Board                                                                                                             
Department of Commerce, Community and Economic Development                                                                      
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified as appointee to  the State Medical                                                             
Board.                                                                                                                          
                                                                                                                                
LYDIA MIELKE, Appointee                                                                                                         
State Medical Board                                                                                                             
Department of Commerce, Community and Economic Development                                                                      
Big Lake, Alaska                                                                                                                
POSITION STATEMENT:  Testified as appointee to  the State Medical                                                             
Board.                                                                                                                          
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:40:31 PM                                                                                                                    
CHAIR DAVID WILSON  called the Senate Health  and Social Services                                                             
Standing Committee meeting  to order at 1:40 p.m.  Present at the                                                               
call  to order  were Senators  Begich and  Chair Wilson.  Senator                                                               
Shower arrived shortly thereafter.                                                                                              
                                                                                                                                
         HB 133-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                      
                                                                                                                                
1:41:03 PM                                                                                                                    
CHAIR WILSON announced  the consideration of HOUSE  BILL NO. 133,                                                               
"An Act  relating to care  of juveniles and to  juvenile justice;                                                               
relating  to employment  of juvenile  probation  officers by  the                                                               
Department of Health and Social  Services; relating to terms used                                                               
in  juvenile justice;  relating to  mandatory reporters  of child                                                               
abuse  or  neglect;  relating  to sexual  assault  in  the  third                                                               
degree;  relating  to  sexual  assault   in  the  fourth  degree;                                                               
repealing  a  requirement  for  administrative  revocation  of  a                                                               
minor's  driver's   license,  permit,  privilege  to   drive,  or                                                               
privilege to  obtain a license  for consumption or  possession of                                                               
alcohol or drugs; and providing for an effective date."                                                                         
                                                                                                                                
1:42:02 PM                                                                                                                    
REPRESENTATIVE IVY  SPOHNHOLZ, Alaska State  Legislature, Juneau,                                                               
Alaska,  sponsor of  HB 133,  said this  bill does  three things.                                                               
First, it  will close  a loophole  related to  sexual abuse  of a                                                               
minor  that was  discovered  a  few years  ago;  second, it  will                                                               
update  terminology  that  defines  and  references  Division  of                                                               
Juvenile  Justice (DJJ)  facilities  and staff;  and finally,  it                                                               
will codify some of the division's best practices.                                                                              
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ said a loophole  related to the crime of                                                               
sexual abuse of  a minor came to  light in 2017 when  a DJJ staff                                                               
member  was acquitted  after sustaining  an inappropriate  sexual                                                               
relationship with  a minor previously  under his  supervision. HB                                                               
133 would close this loophole by  adding DJJ staff to the list of                                                               
individuals who are  defined as being in a  position of authority                                                               
over DJJ-affected youth.                                                                                                        
                                                                                                                                
REPRESENTATIVE   SPOHNHOLZ   said    HB   133   makes   important                                                               
clarifications in  the language  used to describe  DJJ facilities                                                               
and staff and  updates the statutes to reflect  the authority and                                                               
responsibilities of  the division. Some of  the current statutory                                                               
language is  outdated, inaccurate, and obsolete.  For example, HB                                                               
133 would  eliminate the  term juvenile  work camps  from statute                                                               
because they have  never existed in Alaska. She  described 133 as                                                               
largely a cleanup bill.                                                                                                         
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  said HB 133 will  codify best practices                                                               
and  clarify  the  division's authority.  These  changes  resolve                                                               
issues that reflect the standard  operations of the division. For                                                               
example,  it will  add DJJ  staff and  probation officers  to the                                                               
list  of mandatory  reporters  of child  abuse  and neglect.  The                                                               
division does this  in practice, but it should be  in statute. HB                                                               
133 clarifies that  DJJ probation officers have  the authority to                                                               
file amended  petitions. In  the past,  some petitions  have been                                                               
denied,  inhibiting DJJ  probation officers  from advocating  for                                                               
youth  when new  information comes  to light  in their  cases. It                                                               
will also  add secure  residential psychiatric  treatment centers                                                               
to  the list  of facilities  for which  victims will  be notified                                                               
when a juvenile  is released. It will  amend language authorizing                                                               
the department  to disclose confidential information  relating to                                                               
the offense when  a minor has received  adjudication, rather than                                                               
the offense the minor was alleged to have committed.                                                                            
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  said modest but important  updates will                                                               
ensure that  the division, law  enforcement, and the  courts have                                                               
essential clarity.                                                                                                              
                                                                                                                                
1:45:39 PM                                                                                                                    
MEGAN HOLLAND, Staff, Representative  Ivy Spohnholz, Alaska State                                                               
Legislature,  began  a PowerPoint  presentation  on  HB 133.  She                                                               
reviewed slide 2:                                                                                                               
                                                                                                                                
     Closes a loophole for sexual abuse of minors.                                                                              
                                                                                                                                
     Daniel  Carey  case  in  2013DJJ   staff  sustained  an                                                                    
     inappropriate  sexual  relationship   with  a  juvenile                                                                    
     under DJJ  supervision. They  were acquitted  because a                                                                    
     judge found that  sexual abuse of a  minor statute does                                                                    
     not explicitly  list DJJ staff  as being in  a position                                                                    
     of authority over DJJ youth.                                                                                               
                                                                                                                                
     Section 6Clarifies   that DJJ  staff are in  a position                                                                    
     of authority over minors in their custody                                                                                  
                                                                                                                                
MS. HOLLAND reviewed slide 3:                                                                                                   
                                                                                                                                
     Updates and definitions                                                                                                    
                                                                                                                                
     Repeals                                                                                                                    
     youth  counselors,   juvenile  detention   home,  youth                                                                    
     detention facility, correctional  school, juvenile work                                                                    
     camp, juvenile probation officers, correctional school                                                                     
                                                                                                                                
     Amends                                                                                                                     
     juvenile detention facility, minor                                                                                         
                                                                                                                                
     New Definitions                                                                                                            
     juvenile treatment facility,  temporary secure juvenile                                                                    
     holding area, juvenile probation officers                                                                                  
                                                                                                                                
MS. HOLLAND reviewed slide 4:                                                                                                   
                                                                                                                                
     Repeals                                                                                                                    
                                                                                                                                
     Youth Counselors," Section 24                                                                                              
     "Youth Counselors"  have not been used  in the division                                                                    
     since 2003, the duties  described under this section do                                                                    
     not apply to facility staff but to probation officers.                                                                     
                                                                                                                                
     "Juvenile Probation Officers," Section 3                                                                                   
     Inaccurate  definition, corrected  with new  definition                                                                    
     in Section 24.                                                                                                             
                                                                                                                                
     "Juvenile Detention Home,"  "Youth Detention Facility,"                                                                    
     "Correctional  School,"   and  "Juvenile   Work  Camp,"                                                                    
     Sections 1, 10, 11, 12, 13, 18, 20, 21, 30, 31 and 32                                                                      
     All are repealed and  replaced with "juvenile detention                                                                    
     facility"   and  "juvenile   treatment  facility"   for                                                                    
     accuracy and consistency.                                                                                                  
                                                                                                                                
MS. HOLLAND reviewed slide 5:                                                                                                   
                                                                                                                                
     Amended Definitions                                                                                                        
                                                                                                                                
     "Minor," Section 28, referenced in section36                                                                               
     Amends the definition of minor  to include a person who                                                                    
     was under 18 at the  time they committed an offense and                                                                    
     is subject to the jurisdiction of DJJ.                                                                                     
     If  a minor  commits an  offense then  turns 18  after,                                                                    
     they will remain in DJJ's custody.                                                                                         
                                                                                                                                
     "Juvenile  Detention  Facility,"  Sections 27  and  35,                                                                    
     referenced in  sections 1,  2, 9, 10,  13, 15,  16, 19,                                                                    
     20, 21, 30, 32                                                                                                             
     Corrects  the definition  to be  a secure  facility for                                                                    
     the detention of delinquent minors under DJJ custody.                                                                      
     The current  definition limits it to  separate quarters                                                                    
     within a city  jail, some communities do  not have such                                                                    
     a   jail  suitable   for   juveniles   and  use   other                                                                    
     facilities.                                                                                                                
                                                                                                                                
1:50:01 PM                                                                                                                    
SENATOR SHOWER read from slide 5, If a minor commits an offense                                                                 
then turns 18 after, they will remain in DJJ's custody.and                                                                      
asked how long someone can be detained.                                                                                         
                                                                                                                                
MS. HOLLAND deferred to Matt Davidson.                                                                                          
                                                                                                                                
1:50:42 PM                                                                                                                    
MATT  DAVIDSON,  Social  Services Program  Officer,  Division  of                                                               
Juvenile  Justice,  Department  of Health  and  Social  Services,                                                               
Juneau, Alaska,  stated that youth  can remain in  the division's                                                               
custody up until  their 18th birthday. Under court  order, if the                                                               
youth is  an adjudicated delinquent  and has been convicted  of a                                                               
crime under the  juvenile court statutes, the person  can stay in                                                               
custody an  additional year. In  some circumstances and  with the                                                               
minor's  permission, youth  can say  in DJJ  custody to  continue                                                               
services up until the age of 20, but this is relatively rare.                                                                   
                                                                                                                                
SENATOR  SHOWER asked  if youth  would be  remanded to  the adult                                                               
system the day they turn 20 years of age.                                                                                       
                                                                                                                                
MR. DAVIDSON  replied that only  happens in rare instances.  As a                                                               
general rule,  youth remain  in the  juvenile system  until their                                                               
court order ends and then they are out of the justice system.                                                                   
                                                                                                                                
SENATOR SHOWER  said he  wants to  prevent housing  a 25-year-old                                                               
with a 15-year-old.                                                                                                             
                                                                                                                                
1:52:38 PM                                                                                                                    
SENATOR BEGICH  pointed out that  a juvenile who has  committed a                                                               
crime  that it  is so  severe that  the juvenile  is tried  as an                                                               
adult is not left in the  juvenile justice system. He agreed with                                                               
Mr.  Davidson that  it is  rare  that DJJ  jurisdiction would  be                                                               
extended for  an extra  two years, but  there are  some instances                                                               
where it will help rehabilitate  or improve the youth's chance of                                                               
success.                                                                                                                        
                                                                                                                                
MR. DAVIDSON  confirmed that youth  whose crimes are  waived into                                                               
the  adult  system  are  not  considered  juveniles  and  proceed                                                               
through the adult court.                                                                                                        
                                                                                                                                
MS. HOLLAND reviewed slide 6:                                                                                                   
                                                                                                                                
     New Definitions                                                                                                            
                                                                                                                                
     "Juvenile Treatment Facility," Section 29, referenced                                                                      
     in sections 1, 2, 5, 8, 9, 10, 11, 12, 16, 19, 30 and                                                                      
     31.                                                                                                                        
     Current statute refers to "juvenile treatment                                                                              
     institutions", however DJJ feels that this terminology                                                                     
     is not reflective of the facilities they operate.                                                                          
                                                                                                                                
      Temporary Secure Juvenile Holding Area," Section 29,                                                                      
     referenced in sections 13, 14, 16, 21, 23 and 32                                                                           
     DJJ already operates with a list of temporary secure                                                                       
     holding areas in various communities throughout the                                                                        
     state.                                                                                                                     
                                                                                                                                
     "Juvenile Probation Officers," Section 24, referenced                                                                      
     in sections 4, 5, 6, 16, 22, 23, 29, 37 and 38.                                                                            
     There is no accurate definition for "juvenile                                                                              
     probation officers" under current statute. Section 24                                                                      
     repeals the definition for "youth counselors" and                                                                          
     replaces it with an updated definition for "juvenile                                                                       
     probation officers", affording them powers of a                                                                            
     probation officer and describing their duties.                                                                             
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ   said  this  slide   highlights  three                                                               
definitions that the bill seeks to streamline.                                                                                  
                                                                                                                                
SENATOR  BEGICH  expressed  concern about  the  temporary  secure                                                               
juvenile holding  area change and  asked for assurance  that this                                                               
will not remove  the requirement that the state has  to adhere to                                                               
the reporting  requirements of the  Federal Juvenile  Justice and                                                               
Delinquency Prevention  Act that provides protections  for youth.                                                               
He specifically  asked for assurance  that the new  definition of                                                               
"temporary  secure"   does  not  remove  these   facilities  from                                                               
reporting  requirements. He  noted the  state has  previously had                                                               
difficulty  with compliance  and it  cost the  state hundreds  of                                                               
thousands of dollars.                                                                                                           
                                                                                                                                
1:57:53 PM                                                                                                                    
MR. DAVIDSON assured Senator Begich  that the definition will not                                                               
negatively impact  reporting. The  intent of adding  a definition                                                               
of temporary  secure juvenile holding area  is to give a  term of                                                               
reference  for part  of the  federal reporting  requirements. The                                                               
division  has  improved its  reporting  of  holding juveniles  in                                                               
secure locations  other than juvenile facilities.  Although these                                                               
facilities  were described  in statute,  the facilities  were not                                                               
defined.  The  division seeks  to  continue  to comply  with  the                                                               
federal law, he said.                                                                                                           
                                                                                                                                
SENATOR  BEGICH  expressed  appreciation for  the  assurance  and                                                               
acknowledged that the  division has worked in the  last decade to                                                               
bring Alaska fully into compliance.                                                                                             
                                                                                                                                
MS. HOLLAND reviewed slide 7:                                                                                                   
                                                                                                                                
     Policy Updates: codifying best practices                                                                                   
                                                                                                                                
        Section 5: Clarifies that employees of juvenile                                                                         
    treatment   institutions   and   juvenile   and   adult                                                                     
     probation officers qualify as legal guardians.                                                                             
                                                                                                                                
     Section  8: Clarifies  that  secure juvenile  treatment                                                                    
     facilities   are  excluded   from  the   definition  of                                                                    
     "private exposure."                                                                                                        
                                                                                                                                
     Section  9:  Includes DJJ  facilities  in  the list  of                                                                    
     places where public education must be provided.                                                                            
                                                                                                                                
     Sections  16   and  17:  Provides   juvenile  probation                                                                    
     officers  with  the  authority   to  file  amended  and                                                                    
     supplemental   petitions,   and  clarifies   that   for                                                                    
     juveniles  this  duty  falls  upon  juvenile  probation                                                                    
     officers, not adult probation officers.                                                                                    
                                                                                                                                
     Sections  22 and  23: Clarifies  that the  authority to                                                                    
     arrest  and  detain  minors rests  with  juvenile,  not                                                                    
     adult, probation officers.                                                                                                 
                                                                                                                                
SENATOR SHOWER asked for an explanation of Section 8.                                                                           
                                                                                                                                
MS. HOLLAND deferred to Mr. Davidson.                                                                                           
                                                                                                                                
2:01:11 PM                                                                                                                    
MR. DAVIDSON responded that Section  8 addresses laws relating to                                                               
taking images or exposure of  people's private parts. There is an                                                               
existing   exclusion  for   correctional  facilities,   detention                                                               
facilities, hospitals, and psychiatric  centers. This is updating                                                               
the terms  used to describe  juvenile justice facilities  in that                                                               
section. There is  no change in the practice.  The division works                                                               
to  give  youth privacy,  but  there  are  times when  youth  are                                                               
exposed  accidentally. This  protects  the  division against  any                                                               
litigation or criminal when this happens.                                                                                       
                                                                                                                                
SENATOR SHOWER  asked how youth  are accidentally exposed  and if                                                               
this could create a loophole.                                                                                                   
                                                                                                                                
MR.  DAVIDSON  answered  that  examples  include  youth  exposing                                                               
themselves intentionally  and photos taken in  a hospital setting                                                               
to an  area that might  be considered sensitive. There  are times                                                               
when youth  are potentially exposed,  and the bill  is attempting                                                               
to protect against criminal action.                                                                                             
                                                                                                                                
SENATOR  SHOWER asked  for  the intent  of Section  9  and if  it                                                               
codifies  any changes  to  current  practice regarding  providing                                                               
public education in DJJ facilities.                                                                                             
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ  explained   that  DJJ  facilities  are                                                               
already  required to  provide education  and this  clarifies that                                                               
obligation in statute.                                                                                                          
                                                                                                                                
SENATOR BEGICH  added that the  bill is  modernizing definitions.                                                               
Section  9   clarifies  what  is  meant   by  juvenile  detention                                                               
facilities as it  relates to providing education  for children in                                                               
such facilities. The language provides  coherence and clarity for                                                               
the  public in  this area.  He said  he is  pleased that  Senator                                                               
Shower  is  asking questions  because  people  need to  hear  the                                                               
intent on  the record  and know that  nothing nefarious  is going                                                               
on.                                                                                                                             
                                                                                                                                
2:06:05 PM                                                                                                                    
MS. HOLLAND reviewed slide 8:                                                                                                   
                                                                                                                                
     Policy Updates: codifying best practices                                                                                   
                                                                                                                                
     Section  25:   Adds  "secure   residential  psychiatric                                                                    
     treatment  centers"  to  the list  of  facilities  from                                                                    
     which,  when  a  juvenile  is  released,  victims  will                                                                    
     receive notification.                                                                                                      
                                                                                                                                
     Section   26:   Corrects   language   authorizing   the                                                                    
     department   to   disclose   confidential   information                                                                    
     related  to an  adjudicated  offense,  rather than  the                                                                    
     offense the minor was "alleged to have committed."                                                                         
                                                                                                                                
     Section  38:  Adds  juvenile  probation  officers,  DJJ                                                                    
     office staff,  and staff of juvenile  facilities to the                                                                    
     list of mandatory reporters of child abuse or neglect.                                                                     
                                                                                                                                
     Section  39:  Repeals  revocation  of  juvenile  driver                                                                    
     licenses for offenses  involving a controlled substance                                                                    
     that were handled informally by the division.                                                                              
                                                                                                                                
CHAIR  WILSON  asked  whether   Section  25,  secure  residential                                                               
psychiatric  treatment  centers,  was  in  lieu  of  going  to  a                                                               
different type of  secure facility. Someone convicted  of a crime                                                               
may be  sentenced to a  residential psychiatric  treatment center                                                               
and the  state may not have  the proper level of  care. Many kids                                                               
in Alaska  are sent  to a  rehab center in  Texas. If  someone is                                                               
released  from  the  center  in  Texas,  he  asked  who  has  the                                                               
responsibility to  make the  notification, DJJ  or the  entity in                                                               
Texas.                                                                                                                          
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ  replied DJJ  is responsible  for victim                                                               
notification but  that is not clear  right now for youth  sent to                                                               
secure psychiatric  treatment centers.  The bill seeks  to ensure                                                               
that victims  are notified  when someone who  is alleged  to have                                                               
committed  or  has  been  convicted   of  a  dangerous  crime  is                                                               
released.                                                                                                                       
                                                                                                                                
SENATOR BEGICH said notification  currently is limited, and might                                                               
abrogate the  victim's right  to know,  because the  statute only                                                               
identifies  a juvenile  justice  facility.  This provides  better                                                               
protection.                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ added  that this  is about  clarity for                                                               
victim notification  and ensuring that  it can happen. Now  it is                                                               
essentially prohibited.                                                                                                         
                                                                                                                                
CHAIR WILSON summarized that the  victim would only know that the                                                               
person was released from custody,  but the notification would not                                                               
break HIPAA  rights by stating  that someone was released  from a                                                               
psychiatric center.                                                                                                             
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ agreed.                                                                                                
                                                                                                                                
SENATOR SHOWER asked if Section 38 codifies current practice.                                                                   
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ  answered  yes; this  is  happening  in                                                               
practice, but  identifying DJJ  personnel as  mandatory reporters                                                               
should  be  law  because  it  is  so  important.  The  department                                                               
supports this provision.                                                                                                        
                                                                                                                                
SENATOR SHOWER asked  for a plain English  explanation of Section                                                               
39.                                                                                                                             
                                                                                                                                
2:10:16 PM                                                                                                                    
REPRESENTATIVE  SPOHNHOLZ said  Section 39  relates to  substance                                                               
use abuse issues. She explained  that it is technically legal for                                                               
the department to negotiate an  informal agreement to take away a                                                               
juvenile's driver's  license in such  a case instead of  going to                                                               
court, but that is not allowed  in cases that have gone to trial.                                                               
She  said the  system should  be equitable  and punishment  for a                                                               
less serious  case being resolved  informally should be  the same                                                               
as for a more serious case being resolved formally.                                                                             
                                                                                                                                
SENATOR SHOWER asked if this  might tie the department's hands by                                                               
requiring  it  not   enforce  something  or  moving   it  to  the                                                               
appropriate place for adjudication.                                                                                             
                                                                                                                                
MS. HOLLAND  advised that  in 2016,  DJJ's authority  to petition                                                               
for  revocation of  driver   licenses  for adjudicated  cases was                                                               
repealed, but  the court's authority to  revoke driver's licenses                                                               
for the  same offenses  was not repealed.  The courts  still have                                                               
this discretionary tool under AS 28.15.185(k).                                                                                  
                                                                                                                                
SENATOR BEGICH added that it  is an automatic revocation under AS                                                               
47.12.06(b)(5). He  said this still allows  discretion, depending                                                               
on  the nature  of  the  crime, but  it  eliminates an  automatic                                                               
revocation  that makes  no  sense in  many  diverted cases.  With                                                               
diversion, the  attempt is to  keep a kid  out of the  system and                                                               
there  should  be as  many  tools  as  possible  for the  kid  to                                                               
succeed, he said.                                                                                                               
                                                                                                                                
SENATOR SHOWER  asked for  confirmation that  with this  bill the                                                               
department retains the ability to do this.                                                                                      
                                                                                                                                
SENATOR BEGICH  said yes;  all sorts  of conditions  can be  in a                                                               
probation   agreement   or   diversion  agreement   or   informal                                                               
agreement. In  an adjudicated case,  those decisions would  be in                                                               
the hands of a judge and out of the probation officer's hands.                                                                  
                                                                                                                                
MS. HOLLAND  summarized that HB  133 closes a  loophole regarding                                                               
sexual abuse of minors, updates  terms and definitions pertaining                                                               
to  DJJ facilities  and  staff, and  codifies  best practices  to                                                               
improve the division's ability to complete its mission.                                                                         
                                                                                                                                
2:15:43 PM                                                                                                                    
CHAIR  WILSON  thanked the  sponsor  for  carrying the  bill  and                                                               
solicited a motion.                                                                                                             
                                                                                                                                
2:16:12 PM                                                                                                                    
SENATOR SHOWER moved to report  HB 133, version M, from committee                                                               
with individual recommendations and attached fiscal note.                                                                       
                                                                                                                                
There being  no objection,  HB 133 was  reported from  the Senate                                                               
Health and Social Services Standing Committee.                                                                                  
                                                                                                                                
2:16:24 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                        
                    CONFIRMATION HEARING(S)                                                                                 
          Alaska Mental Health Trust Board of Trustees                                                                      
                      State Medical Board                                                                                   
                                                                                                                                
2:18:40 PM                                                                                                                    
CHAIR   WILSON  reconvened   the   meeting   and  announced   the                                                               
consideration of the governor's  appointees for the Alaska Mental                                                               
Health Trust  Authority Board of  Trustees and the  State Medical                                                               
Board. He  called on the  appointees for the Mental  Health Trust                                                               
Authority.                                                                                                                      
                                                                                                                                
2:19:01 PM                                                                                                                    
ANITA HALTERMAN, Appointee, Alaska  Mental Health Trust Authority                                                               
Board  of Trustees,  Eagle River,  Alaska, said  she took  on the                                                               
role of  a trustee in August  2019. She said she  just became the                                                               
chair of the  audit and risk committee. Serving on  the board has                                                               
expanded her  knowledge and given  her more opportunities  to pay                                                               
back  society. She  said  she is  learning  about strategies  and                                                               
funding opportunities  that can help shape  meaningful reform for                                                               
programs.                                                                                                                       
                                                                                                                                
MS. HALTERMAN said  she arrived in Alaska in the  80s after being                                                               
discharged from the  U.S. Army. She and her family  have lived in                                                               
Eagle  River for  over 25  years. She  earned an  MBA and  has an                                                               
extensive  background working  for the  Department of  Health and                                                               
Social Services  (DHSS) in  both Iowa and  Alaska. She  worked in                                                               
the Alaska State Legislature for 10 years.                                                                                      
                                                                                                                                
MS. HALTERMAN said she worked  with welfare reform initiatives in                                                               
two  states  and  helped  kick  off  Alaska's  first  food  stamp                                                               
reinvestment plan  after the department  was sanctioned  for high                                                               
error rates  in the  90s. She has  trained staff  on regulations,                                                               
programs, and policies in welfare  offices throughout Alaska. Her                                                               
life's  work  has  been  devoted   to  working  with  underserved                                                               
populations.  She  finds it  rewarding  to  improve programs  and                                                               
services in  order to better  provide services for  the programs'                                                               
beneficiaries.  After she  left  the legislature,  she started  a                                                               
consulting  business.  She  obtained  licenses  as  an  insurance                                                               
producer with lines of authority  in Alaska for accidents, health                                                               
and  life and  lines  of  authority in  Washington  for life  and                                                               
disability.  She  began  working for  an  information  technology                                                               
company  as  an  account  executive.   This  has  given  her  new                                                               
perspective  about the  health care  needs for  privately insured                                                               
individuals.                                                                                                                    
                                                                                                                                
MS.  HALTERMAN said  she wants  to use  her experience  to reform                                                               
programs so they can be  sustained for populations that need them                                                               
the most.  She looks forward to  working to improve the  lives of                                                               
trust  beneficiaries and  to work  in partnership  with DHSS  and                                                               
other  stakeholders to  help build  an integrated,  comprehensive                                                               
mental  health  program  that  better  meets  the  needs  of  the                                                               
beneficiaries.                                                                                                                  
                                                                                                                                
2:23:31 PM                                                                                                                    
SENATOR  BEGICH asked  how she  feels  AMHTA is  working and  her                                                               
level of  confidence with the  current leadership, both  in terms                                                               
of the director and the board.                                                                                                  
                                                                                                                                
MS. HALTERMAN  answered that she is  learning as much as  she can                                                               
about AMHTA  in a short period  of time. She is  impressed by the                                                               
staff, who  were very  accommodating while  she was  working full                                                               
time. She  has been studying  AMHTA's issues and is  impressed by                                                               
the opportunities the board has  put forth and the thoughtfulness                                                               
with  which staff  seeks future  services for  beneficiaries. She                                                               
wants  to  be part  of  maintaining  that progress,  finding  new                                                               
opportunities, and introducing  some technology. She acknowledged                                                               
the AMHTA  faces challenges for  the Trust and  its beneficiaries                                                               
as its  health care systems  are modernized. The  coronavirus has                                                               
forced the board to look at  things differently than in the past.                                                               
It has  a strong leadership  team that  is open to  reforming its                                                               
programs in  a meaningful  manner. She  looks forward  to working                                                               
with them and sharing her insights.                                                                                             
                                                                                                                                
2:25:44 PM                                                                                                                    
RHONDA BOYLES,  Appointee, Alaska  Mental Health  Trust Authority                                                               
Board  of Trustees,  Anchorage,  Alaska, said  she  has lived  in                                                               
Alaska since 1975. Until just  three years she lived full-time in                                                               
the Interior.  For the last three  years she has been  in Phoenix                                                               
with her husband  but returned to Anchorage after  his death. The                                                               
governor's staff  called and asked  if she would serve.  She said                                                               
she  had  limited knowledge  about  the  AMHTA  but she  did  her                                                               
homework and  was impressed by  what it has accomplished  and how                                                               
it has served its beneficiaries.                                                                                                
                                                                                                                                
MS. BOYLES  said she  has attended one  AMHTA Board  of Trustee's                                                               
meeting.  She  said  she  is   impressed  with  the  caliber  and                                                               
diversification of the  staff. It is a land  management trust and                                                               
financial management  trust, all  for the beneficiaries.  She has                                                               
served on many  boards and commissions in  Alaska. She previously                                                               
served as the mayor of the Fairbanks North Star Borough.                                                                        
                                                                                                                                
MS.  BOYLES  said  that  as   mayor  she  was  involved  in  land                                                               
management. She  has had  trust and  financial management  with a                                                               
number of businesses. She said  she understands that when a trust                                                               
is established  for beneficiaries,  the management of  that trust                                                               
is a legal  and fiduciary responsibility of the  trustees. It has                                                               
to  be  managed  for  the beneficiaries  within  the  established                                                               
parameters. She  said she understands  the role of a  director or                                                               
trustee and not an administrator.                                                                                               
                                                                                                                                
SENATOR BEGICH commented  on the importance for  board members to                                                               
be residents of the state and  asked if her townhome purchase was                                                               
before or after the governor called about her appointment.                                                                      
                                                                                                                                
MS. BOYLES  answered that it  was before the governor  called her                                                               
to be on  the board. She sold her house  in Fairbanks because she                                                               
wanted  to be  closer  to  her son  in  Anchorage.  She bought  a                                                               
townhome in  Anchorage so she can  spend eight or nine  months of                                                               
the year near her son in a state  that she loves. She said she is                                                               
attracted  to the  Alaska Mental  Health Trust  Authority because                                                               
the  board  does  substantive  work. She  looks  forward  to  the                                                               
opportunity to serve beneficiaries.                                                                                             
                                                                                                                                
SENATOR BEGICH  asked how  she feels about  how AMHTA  is working                                                               
and the current management.                                                                                                     
                                                                                                                                
MS. BOYLES replied she chaired  the Commission of Agriculture for                                                               
Governor Murkowski, so that is  her point of comparison. She said                                                               
she is impressed  by the level of expertise of  AMHTA's staff and                                                               
administration.  She enjoyed  the structure  of the  work session                                                               
she  attended. She  said AMHTA  will have  to carefully  evaluate                                                               
some future opportunities.                                                                                                      
                                                                                                                                
CHAIR WILSON  moved to the  confirmation hearings  for appointees                                                               
to the State Medical Board.                                                                                                     
                                                                                                                                
2:35:30 PM                                                                                                                    
SARAH   BIGELOW-HOOD,  Physician   Assistant;  Appointee,   State                                                               
Medical Board  Appointee, Department  of Commerce,  Community and                                                               
Economic Development  (DCCED), Anchorage,  Alaska, said  she grew                                                               
up  in Juneau  and works  in  family medicine  in Anchorage.  She                                                               
applied to  the board to  work alongside other providers  to make                                                               
sure Alaskans  have competent medical  providers. She works  as a                                                               
Physician  Assistant, licensed  by the  State Medical  Board. She                                                               
has  17  years   of  experience  in  family   medicine  and  pain                                                               
management. She  has a strong understanding  of the relationships                                                               
between PAs  and MDs and  their roles  in the medical  field. She                                                               
previously  worked for  the state  in human  resources and  labor                                                               
relations,   which   gave   her   a   strong   understanding   of                                                               
investigations  leading to  accurate  and  fair conclusions.  The                                                               
combination  of  her  state  experience  and  experience  in  the                                                               
medical field will make her an asset to the board.                                                                              
                                                                                                                                
SENATOR BEGICH observed  that there has been  a complete turnover                                                               
of the State  Medical Board. He asked if she  had any ideas about                                                               
stepping  into  a  completely  new   board  and  getting  a  full                                                               
understanding of it.                                                                                                            
                                                                                                                                
MS. BIGELOW-HOOD  responded that  she has  been working  with the                                                               
State Medical  Board staff who have  provided numerous resources.                                                               
She has attended  one board meeting. She offered  her belief that                                                               
she  will be  able to  step into  the position  and get  a strong                                                               
understanding of how the medical board functions.                                                                               
                                                                                                                                
CHAIR WILSON asked if the board had elected a chair.                                                                            
                                                                                                                                
MS. BIGELOW-HOOD replied the board  elected Dr. Richard Wein, who                                                               
is from Sitka, as Chair.                                                                                                        
                                                                                                                                
CHAIR  WILSON thanked  the appointees  for  their willingness  to                                                               
serve the state.                                                                                                                
                                                                                                                                
2:38:51 PM                                                                                                                    
LYDIA  MIELKE,  Appointee,  State Medical  Board,  Department  of                                                               
Commerce, Community  and Economic  Development (DCCED)  Big Lake,                                                               
Alaska, said  she is seeking  confirmation as a public  member of                                                               
the  board. She  was  born  and raised  in  Big  Lake, where  she                                                               
currently lives. Six months ago,  she graduated with a bachelor's                                                               
degree  in business  management. She  is re-evaluating  her plans                                                               
because  of the  impact of  the  coronavirus. She  worked in  the                                                               
legislature  for  several  sessions.   She  did  research,  found                                                               
solutions, and  communicated effectively with others.  She brings                                                               
a younger  voice to  the board  to balance out  a group  of well-                                                               
established physicians, which is  valuable, especially in today's                                                               
fast-paced  world with  continuously advancing  technologies such                                                               
as  telehealth  and  telemedicine.   She  expressed  interest  in                                                               
learning more about the State  Medical Board's work on regulating                                                               
and licensing to protect the public.                                                                                            
                                                                                                                                
SENATOR  BEGICH observed  that  she is  appointed  to the  public                                                               
seat, which is  not supposed to have a  direct financial interest                                                               
in  the   medical  industry,  but  no   financial  disclosure  is                                                               
required. He asked if she could  verify that she has no financial                                                               
interest in the medical industry.                                                                                               
                                                                                                                                
MS. MIELKE  answered that  she has no  financial interest  in the                                                               
health care industry.                                                                                                           
                                                                                                                                
SENATOR BEGICH asked what she has been doing since May 2019.                                                                    
                                                                                                                                
MS. MIELKE  replied after she  left the legislature  last spring,                                                               
she worked  in tourism and finished  her degree. Then she  took a                                                               
gap year to travel and spend time with family.                                                                                  
                                                                                                                                
SENATOR  BEGICH  asked  how she  feels  about  the  investigative                                                               
process she would have to engage in with the board.                                                                             
                                                                                                                                
MS. MIELKE  answered that  she will use  evidence and  facts, ask                                                               
questions, and deliberate  with other board members  to learn all                                                               
she can  about the  situation. She will  use precedent  and weigh                                                               
what others  are saying. She wants  to make sure the  board makes                                                               
the best  decisions that protect  consumers and to make  sure the                                                               
punishment  matches the  crime.  She said  her  concern is  about                                                               
public safety.                                                                                                                  
                                                                                                                                
SENATOR  BEGICH   commented  that  he  was   impressed  with  her                                                               
preparation.                                                                                                                    
                                                                                                                                
2:43:43 PM                                                                                                                    
CHAIR WILSON opened public testimony  and after first determining                                                               
no  one  wished  to  testify,  closed  public  testimony  on  the                                                               
confirmation hearings. He solicited a motion.                                                                                   
                                                                                                                                
2:43:57 PM                                                                                                                    
SENATOR BEGICH stated  that in accordance with  AS 39.05.080, the                                                               
Senate  Health and  Social Services  Standing Committee  reviewed                                                               
the following and  recommends the appointments be  forwarded to a                                                               
joint session for consideration:                                                                                                
                                                                                                                                
Alaska Mental Health Trust Board of Trustees                                                                                  
Anita Halterman  Eagle River                                                                                                    
Rhonda Boyles - Anchorage                                                                                                       
                                                                                                                                
State Medical Board                                                                                                           
Lydia Mielke - Big Lake                                                                                                         
Sarah Bigelow-Hood - Anchorage                                                                                                  
                                                                                                                                
[Signing  the  reports  regarding   appointments  to  boards  and                                                               
commissions in  no way reflects  individual members'  approval or                                                               
disapproval  of  the  appointees;   the  nominations  are  merely                                                               
forwarded   to  the   full   legislature   for  confirmation   or                                                               
rejection].                                                                                                                     
                                                                                                                                
2:45:05 PM                                                                                                                    
There being no further business to come before the committee,                                                                   
Chair Wilson adjourned the Senate Health and Social Services                                                                    
Standing Committee at 2:45 p.m.                                                                                                 

Document Name Date/Time Subjects
HSS Mental Health Trust Boyles #1.pdf SHSS 3/20/2020 1:30:00 PM
Governor's Appointee to AMHT BOT
HSS Mental Health Trust Halterman#1.pdf SHSS 3/20/2020 1:30:00 PM
Governor's Appointees to AMHT BOT
HSS Medical Board Bigelow #6.pdf SHSS 3/20/2020 1:30:00 PM
Governor's Appointees to State Medical Board
HSS Medical Board Mielke #6.pdf SHSS 3/20/2020 1:30:00 PM
Governor's Appointee to State Medical Board
HB 133 ver M 2.3.2020.PDF SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Sponsor Statement 2.19.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Sectional Analysis v. M 2.3.2020.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Fiscal Note 4.18.19 DHSS-PS 2.3.2020.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 FAQ's 3.4.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Letter of Support, APEA 3.5.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Letter of Support, CDVSA 3.9.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Letters of Support 3.3.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Carey Case 4.22.2019.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 One-Sheeter 2.19.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 LOS Carpeneti 3.16.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Temporary Secure Juvenile Holding Areas 2.3.2020.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 Fiscal Note DHSS 2.12.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133
HB 133 PPT 3.20.20.pdf SHSS 3/20/2020 1:30:00 PM
HB 133