Legislature(2003 - 2004)
2004-02-16 House JournalFull Journal pdf
2004-02-16 House Journal Page 2609 HB 487 HOUSE BILL NO. 487 by the House Rules Committee by request of the Governor, entitled: "An Act relating to the detention of delinquent minors in correctional facilities; relating to emergency detention of minors for evaluation for involuntary admission for mental health treatment; relating to detention of intoxicated minors and minors incapacitated by alcohol or drugs; and providing for an effective date." was read the first time and referred to the Judiciary and Finance Committees. The following fiscal note(s) apply: 1. Zero, Dept. of Health & Social Services 2. Zero, Dept. of Public Safety The Governor's transmittal letter dated February 13, 2004, follows: "Dear Speaker Kott: Under the authority of article III, section 18, of the Alaska Constitution, I am transmitting a bill relating to the detention of delinquent and other juveniles. The 2002 reauthorization of the Juvenile Justice and Delinquency Prevention Act of 1974 (JJDPA) went into effect on October 1, 2003. The JJDPA has traditionally prohibited incarceration of non-offenders and status offenders in adult jails and "lock-ups." New language in the 2002 reauthorization prohibits the use of juvenile detention facilities for these non-offenders and status offenders as of October 1, 2003. This bill would modify AS 47.12.240, AS 47.30.705, and AS 47.37.170 to come into compliance with the federal requirements set out in the Guidance Manual for Monitoring Facilities Under the Juvenile Justice and Delinquency Prevention Act of 2003. Under 2004-02-16 House Journal Page 2610 these amendments, emergency protective custody of minors may not include placement in a jail or other secure facility. This language is also found in current law relating to placement of children in need of aid in AS 47.10.141(c), and has been interpreted by both state and federal officials to provide sufficient flexibility for holding minors until a more appropriate facility can be found or until transportation to such a facility is feasible. The purpose of this draft bill is to preserve Alaska's federal formula grant receipts of approximately $700,000 and to meet certain requirements to apply for other federal grant money through the federal office of juvenile justice and delinquency prevention. I urge your prompt and favorable action on this measure. Sincerely yours, /s/ Frank H. Murkowski Governor"