04/29/1997 09:40 AM Senate FIN

                                                                               
       SENATE CS FOR CS FOR HOUSE BILL NO. 6(JUD)                              
                                                                               
       "An Act relating  to minors and amending  laws relating                 
  to the    disclosure  of  information  relating  to  certain                 
  minors; and    amending   Rule   3(c),   Alaska  Delinquency                 
  Rules."                                                                      
                                                                               
  Representative Pete Kelly, sponsor of  the bill, was invited                 
  to join the committee.   He provided a brief  explanation of                 
  the  bill.    He referred to  a chart reflecting  formal and                 
  informal handling procedures for juvenile  charges.  He said                 
  it was important  to try  and encourage youth  to work  with                 
  their family and the department to  resolve the matter.  The                 
  bill would  allow release  of names  of   youth involved  in                 
  crimes for a second  felony and was for the  more dangerous,                 
  repeat  offenders.   The  provision  would also  allow court                 
  proceedings to be open to the public.                                        
                                                                               
                                                                               
  In response  to Senator  Parnell's comments,  Representative                 
  Kelly said  it was  important to  try and  avoid a  petition                 
  being  filed,  which  was  the  formal adjudication  of  the                 
  petition.  He went on to explain a particular Fairbanks case                 
  in which a  juvenile released  on one charge  later shot  an                 
  unsuspecting trooper.   Juveniles should not be  released at                 
  the discretion of the department  on an unsuspecting public.                 
  He also referred  to the case  of teenagers breaking into  a                 
  home  to steal marijuana, a  scuffle ensued and one juvenile                 
  was shot.                                                                    
                                                                               
  Senator  Adams  asked  how  this   bill  would  protect  the                 
  innocent.  Rural  Alaska still  believed one innocent  until                 
  proven  guilty.     Representative   Kelly  said  this   was                 
  disclosure and not punishment.  Protection of the public was                 
  a top priority.                                                              
                                                                               
  Senator Donley moved  amendment #1 and without  objection it                 
  was adopted.                                                                 
                                                                               
  Co-chair Sharp advised at this point that he would  continue                 
  to take testimony but would hold the bill pending receipt of                 
  new fiscal note.                                                             
                                                                               
  Walter  Majoros, Executive  Director,  Alaska Mental  Health                 
  Board, Department of Health and  Social Services was invited                 
  to  join  the committee.    He  said the  board  had serious                 
  conflict  with  HB  6.   There  needs  to  be  a  sharing of                 
  information  regarding disclosure.   Mental Health needed to                 
  be  present in  both  juvenile  and  adult matters.    These                 
  individuals needed to be moved  from the correctional system                 
  to the  mental health  system.   He suggested  amendments be                 
  made that would identify mental health  needs before time of                 
  adjudication.  He further suggested  the amendments might be                 
  as  follows:  1.   limited to  the older adolescent;  2.  no                 
  disclosure until the  adjudication.  Senator Donley  said no                 
  other  states release  information  or disclosure  regarding                 
  juveniles, but juveniles are tried  as adults.  Mr.  Majoros                 
  said he  had no information regarding this  matter.  Senator                 
  Parnell said there was  a concern for the protection  of the                 
  public.    Mr. Majoros  responded  that  there should  be  a                 
  balance for rehabilitation.  Disclosure would be appropriate                 
  at the time of adjudication.  Representative Kelly  said the                 
  victim  would also be protected because they have the option                 
  of not having their name released.                                           
                                                                               
  Margot  Knuth, Assistant Attorney General, Department of Law                 
  was invited to join  the committee.  She said the main issue                 
  was  to  try  and avoid  formal  prosecution  and  bring the                 
  juvenile back in to the fold.                                                
                                                                               
  Senator Parnell  explained amendment #2,  page 1, line  9 to                 
  delete "petition" and insert "motion".                                       
                                                                               
                                                                               
  Ms.  Knuth continued answering  questions of  the committee.                 
  She said that use  of a deadly  weapon not against a  person                 
  was a property  offense.  She  further advised that at  this                 
  time  the State was not concerned about  a log jam of cases.                 
  The  department appreciated  the  efforts of  Representative                 
  Kelly  and  said  they concurred  in  the  matter of  public                 
  safety.                                                                      
                                                                               
  Senator Parnell moved his amendment #2 and without objection                 
  it was adopted.                                                              
                                                                               
  Co-chair Sharp requested any written testimony be faxed into                 
  the  committee  and requested  any  revised fiscal  notes be                 
  submitted.  He set aside HB 6 until tomorrow.