Legislature(1997 - 1998)
04/25/1997 01:50 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
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SENATE JUDICIARY COMMITTEE
April 25, 1997
1:50 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chair
Senator Drue Pearce, Vice-chair
Senator Mike Miller
Senator Sean Parnell
Senator Johnny Ellis
MEMBERS ABSENT
None
COMMITTEE CALENDAR
CS FOR HOUSE BILL NO. 6(FIN) am
"An Act relating to minors and amending laws relating to the
disclosure of information relating to certain minors."
PASSED SCSCS HB 6(JUD) OUT OF COMMITTEE
CS FOR HOUSE CONCURRENT RESOLUTION NO. 4(JUD)
Relating to records generated and maintained by the Department of
Health and Social Services.
PASSED HCR 4 OUT OF COMMITTEE
HOUSE JOINT RESOLUTION NO. 30
Relating to the creation of a new United States Court of Appeals
for the Twelfth Circuit.
PASSED HJR 30 am OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
HB 6 - See Senate Judiciary minutes dated 4/23/97.
HCR 4 - No previous Senate committee action.
HJR 30 - No previous Senate committee action.
WITNESS REGISTER
Representative Pete Kelly
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Sponsor of HB 6
Walter Majoros
Executive Director
Alaska Mental Health Board
431 N. Franklin #101
Juneau, Alaska 99801
POSITION STATEMENT: Commented on HB 6.
Laura Rorem
POSITION STATEMENT: Commented on HB 6.
Dr. Russell Hoffman
140 Kilbuk
Bethel, Alaska
POSITION STATEMENT: Commented on HB 6.
Jeff Logan
Legislative Aide to Representative Green
Alaska State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Testified for sponsor of HJR 30.
ACTION NARRATIVE
TAPE 97-31, SIDE A
Number 000
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:50 p.m. and announced the presence of Senators Miller
and Parnell. The first order before the committee was HB 6.
HB 6 RELEASE OF INFORMATION ABOUT MINORS
REPRESENTATIVE PETE KELLY , sponsor of HB 6, discussed an amendment
(#1) submitted to the committee (0-LS0063\CA.5). The amendment is
the result of an agreement with the Administration. Previously the
Department of Health and Social Services (DHSS) requested that
juveniles get a second chance on the adjustment side. He
compromised with DHSS, and allowed a second chance for juveniles
who committed burglary, but not for committing the other crimes
listed in the bill. A later amendment was adopted that provided a
second chance for all of the crimes listed in the bill, and
consequently a juvenile who committed burglary would get a third
chance. That was not the intention of either DHSS or himself. The
amendment before the committee would cleanup that error.
SENATOR PARNELL moved the adoption of amendment 1 (0-LS0063\CA.5).
There being no objection, the amendment carried.
Number 058
SENATOR PARNELL asked Representative Kelly to describe two other
amendments submitted to the committee (0-LS0063\CA.1 - amendment
REPRESENTATIVE KELLY explained amendment #2 was requested by the
Municipality of Anchorage and allows court proceedings to be open.
In the confidentiality bill, many things were opened but not the
court proceedings. The language in amendment #2 was taken from the
Governor's dual sentencing bill and was recommended by the
Governor's Task Force on Youth and Justice but is a little bit
milder than the Governor's version. The Governor was leaving the
decision to open court proceedings to the discretion of the
District Attorney. Amendment #2 gives that discretion to DHSS and
says the proceedings shall be open unless DHSS petitions. It is
consistent with the rest of the bill.
SENATOR PARNELL moved to adopt amendment #2 for discussion purposes
and asked where the idea for amendment #2 originated.
REPRESENTATIVE KELLY answered amendment #2 was requested by the
Municipality of Anchorage.
Number 084
SENATOR PARNELL asked Representative Kelly to elaborate on the
differences between amendment #2 and the provision in the
Governor's bill. REPRESENTATIVE KELLY replied the Governor's Task
Force version says that when a District Attorney is elected to seek
imposition of a dual sentence, the court proceedings shall be open
to the public, except where prohibited by order of the court. It
also sets out criteria for a minor who is 16 years old, has
committed a felony offense against a person, and was previously
adjudicated. It is consistent with HB 6 in that it requires that
the person was previously adjudicated but differs in that it says
the District Attorney shall seek open hearings. He thought DHSS
would be the more appropriate entity because most of these cases
are handled by them, and they would have more familiarity with each
case.
CHAIRMAN TAYLOR announced there was no objection to amendment #2,
so it was adopted.
SENATOR PARNELL moved amendment #3 for the purpose of discussion.
REPRESENTATIVE KELLY explained that lines 10-13 of amendment #3
enable a state or municipal agency employee to disclose information
regarding a case to school officials to enable the school to
provide appropriate counseling and supportive services to meet the
needs of the minor. The idea behind amendment #3 is to include
school officials so that they can be part of the solution.
Providing this information to the school will also enable it to
protect others.
Number 132
SENATOR PARNELL asked why, on page 2, line 11, information may be
disclosed to the victim or the victim's insurance company.
REPRESENTATIVE KELLY answered the victim's insurance company can be
left out of loop and which makes it difficult to collect damages.
SENATOR PARNELL questioned whether there is any reason to be
concerned that disclosure be made to just the victim's insurance
company, without the victim in the loop. REPRESENTATIVE KELLY said
the insurance company may have already paid claims for the victim
and then needs copies of the police reports to collect for damages.
CHAIRMAN TAYLOR believed an additional reason is that the victim
may not have the right to disclose that information to other
parties. The victim is in a contractual relationship with the
insurance company and is required by the contract to cooperate with
the insurance company in seeking subrogation from the juvenile. The
victim would be put in the position of having to break
confidentiality which carries sanctions and penalties.
Number 174
SENATOR PARNELL asked if the intent is that disclosure by a state
or municipal agency is limited to disclosures under AS 47.12.
REPRESENTATIVE KELLY replied it is.
CHAIRMAN TAYLOR announced there was no objection to amendment #3,
therefore it was adopted.
Number 190
WALTER MAJOROS, Executive Director of the Alaska Mental Health
Board, made the following comments. The Board is concerned about
the impact of HB 6 on children who have mental illnesses and
disorders. These children are often not diagnosed until they come
in contact with the juvenile justice system. Recent statistics
about the interface between the juvenile justice system and mental
health system reports similarities with the adult system where
approximately 29 percent of the 4,000 inmates in the Department of
Corrections have mental illnesses. The Board is concerned that our
system tends to criminalize people with mental illnesses and
serious emotional disorders. Disclosing information about these
juveniles will stigmatize and ostracize them and, instead of
guiding them to treatment programs rather than the criminal justice
system, they will eventually end up in the adult system. The Board
understands the need for a balance between confidentiality and
disclosure as the issue of public safety becomes more critical, but
it does not believe HB 6 achieves the appropriate balance. It
favors amendments that would prevent disclosure until adjudication
takes place and to disallow disclosure for adjusted cases. The
Board has heard from many parents who are concerned that the
release of their children's names would have had a very detrimental
effect on the treatment of their children who were in similar
situations in the past.
Number 237
CHAIRMAN TAYLOR commented the Legislature today is more sensitized
toward the disclosure of confidential information than it was three
or four days before and will take Mr. Majoros' comments into
consideration. He noted HB 6 will be heard before the Finance and
Rules Committees if additional amendments need to be discussed. He
thought all legislators are concerned about the dilemma that is
imposed by the delicate balancing act between disclosure and
confidentiality, and what the impacts may be on the mental health
community. He asked Mr. Majoros to consider how to make
definitional changes to remove that category of juveniles from the
disclosure provision. He noted his concern that last year the
committee heard legislation to try to address a situation where a
mentally ill adult repeatedly sexually abused children but
continually fell through the crack between the criminal justice and
mental health systems. The difficulty in addressing that
legislation centered around the definitions.
MR. MAJOROS replied that a narrow fix is to allow DHSS to petition
to keep information confidential for youth with serious mental
illness or disorders. In terms of statutory definition, one is
contained in the enabling legislation for the Alaska Mental Health
Trust Authority that defines the mentally ill beneficiary group.
A problem, however, is the assumption that when a youth enters the
criminal justice system for the first time, the mental illness or
disorder has been diagnosed. In many cases that is not the
situation. It is very possible information will be released to the
community at large, and then while the juvenile is within the
criminal justice system, the mental illness will be diagnosed.
Although DHSS' ability to petition is a narrow fix, it does not
totally address the problem.
SENATOR PARNELL clarified that the disclosure would not contain
information about a mental illness. MR. MAJOROS agreed but noted
that one of the most difficult issues children with mental
illnesses have to deal with is the issue of stigma. Name
disclosure for criminal activity will further stigmatize that
juvenile and exacerbate the condition. After disclosure, the
community often "writes off" that juvenile and leaves them to a
life within the criminal justice system as opposed to a life with
appropriate treatment to normalize the individual.
CHAIRMAN TAYLOR commented it has been difficult to get the
appropriate professional assistance for these youth, especially in
rural communities. If a diagnosis can even be made, the Title 47
process kicks in to provide services, but without a specific
diagnosis and recommendation, nothing can be done. He added he has
seen people utilize the criminal justice system so that people can
get the services they need because it is more efficient or
effective at providing the immediate attention these people need.
MR. MAJOROS agreed and said he is presently working with a judge in
Anchorage to try to identify those misdemeanants with mental
illnesses who are often arrested on nuisance charges, and to
provide them with more appropriate treatment options. Anything
that can divert children with mental health problems from the
criminal justice system and into community treatment settings will
minimize future criminal activity.
SENATOR ELLIS arrived at 2:12 p.m.
Number 322
LAURA ROREM , representing herself, referred to written testimony
she submitted about juveniles with mental illnesses and her concern
with the impacts of placing these juveniles in the criminal justice
system. She stated by publishing the names of these juveniles, it
becomes more difficult for both the parents and children to get
appropriate services.
DR. RUSS HOFFMAN of Bethel said he worked with Representative Kelly
and DHSS during the past few days to perfect the bill. He
appreciated Representative Kelly's sincere concern during that
process. He noted that one additional meeting was scheduled that
evening.
REPRESENTATIVE KELLY responded to the concerns expressed about
juveniles with mental illnesses. He reminded members there is a
petition process so that DHSS can ask that the court not publish
the names of certain individuals. Second, on the adjustment side,
the names are only disclosed for a second conviction of a serious
crime. DHSS will have had prior experience with these juveniles.
The theory behind HB 6 is that if continued criminal activity
cannot be controlled by DHSS, the community needs to know because
of the seriousness of the crimes. Crimes such as vandalism and
shoplifting are not included in the bill and it does contain
provisions allowing for second chances.
Number 382
SENATOR PARNELL moved CSHB 6(JUD) from committee with individual
recommendations. There being no objection, the motion carried.
HCR 4 DHSS RECORDS FOR DELINQUENTS & CINA
REPRESENTATIVE KELLY , sponsor of the measure, explained HCR 4
allows DHSS to reorganize in such a manner that disclosure can
occur without a significant loss of federal funds.
SENATOR PARNELL moved HCR 4 from committee with individual
recommendations. There being no objection, the motion carried.
HJR 30 ENDORSE US COURT OF APPEALS-12TH CIRCUIT
JEFF LOGAN , legislative assistant to Representative Joe Green who
sponsored HJR 30, explained that the resolution provides
legislative support for a court system that is more responsive to
Alaska's needs and specifically to S 431 which has been introduced
by Senator Murkowski. A March 12 press release from Senator
Murkowski reports that Senator Stevens, Senators Craig and
Kempthorne of Idaho, Senator Smith of Oregon, and Senator Gorton of
Washington have cosponsored the legislation, however Senator Burns
from Montana was also a co-sponsor. Because of that omission in
the press release, Senator Burns' name was not included in HJR 30.
Mr. Logan asked the committee to consider amending HJR 30 to add
Senator Burns' name on page 1, line 10.
SENATOR PEARCE asked why anyone would oppose HJR 30. MR. LOGAN
answered he does not know of anyone who does. He added there was
a question on the House floor in reference to a lawsuit the state
has an interest in that is named in the resolution but there was no
opposition during House committee hearings.
SENATOR PARNELL moved HJR 30 as amended from committee with
individual recommendations. There being no objection, the motion
carried.
CHAIRMAN TAYLOR adjourned the committee at 2:23 p.m.
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