2004-02-16                     Senate Journal                      Page 2184
SB 340                                                                                            
SENATE BILL NO. 340 BY THE SENATE 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 Health, Education and Social                            
Services and Judiciary Committees.                                                                  
                                                                                                    
                                                                                                    

2004-02-16                     Senate Journal                      Page 2185
The following fiscal information was published today:                                               
 Fiscal Note No. 1, zero, Department of Health and Social Services                                  
 Fiscal Note No. 2, zero, Department of Public Safety                                               
                                                                                                    
Governor's transmittal letter dated February 13:                                                    
                                                                                                    
Dear President Therriault:                                                                          
                                                                                                    
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 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