Legislature(2003 - 2004)

2004-02-16 House Journal

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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                              
was read the first time and referred to the Judiciary and Finance                                   
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                                      
I urge your prompt and favorable action on this measure.                                            
                                Sincerely yours,                                                    
                                Frank H. Murkowski