Legislature(1995 - 1996)
02/23/1996 09:05 AM Senate HES
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
SHES - 2/23/96
HB 104 DISCLOSURE OF JUVENILE RECORDS
Number 001
CHAIRMAN GREEN called the Senate Health, Education and Social
Services (HESS) Committee to order at 9:05 a.m. and introduced
HB 104 .
SENATOR LEMAN moved that SCS CSSSHB 104(HES), the Chenowith 2/22/96
W version, be adopted in lieu of the original bill. Hearing no
objection, it was so ordered.
ROGER POPPE, Staff to Representative Kott, mentioned that this bill
had been through numerous revisions. The bill recognizes that
there has been an increase in juvenile crime nationwide and in
Alaska, especially with serious felonious crimes. Mr. Poppe said
that releasing certain information about the juvenile and the
nature of their offense to the media could serve as a deterrent to
the juvenile. The major agency working with these juveniles is the
Division of Family & Youth Services (DFYS) in the Department of
Health & Social Services. The federal government has determined
that the release of any information obtained through DFYS would
place DFYS in jeopardy of losing all its federal funds. Therefore,
the objective becomes to determine a way in which to release the
information without jeopardizing the funding for DFYS.
Number 068
Mr. Poppe informed the committee that SB 270, sponsored by Senator
Halford, relates to releasing juvenile records. However, SB 270
says that if the federal government wants to attempt to take
funding from DFYS, lets see what happens. If SB 270 passes, it
would supersede HB 104. HB 104 is an attempt to accomplish the
same objective without printing a file of DFYS limitations.
Number 100
HB 104 allows law enforcement agencies to release the following
information on the minor at the commission of the crime: the
minor's name, the date and place of the offense, and a description
of the nature of the offense. The draft additionally discloses the
name of the minor's parent or parents. Mr. Poppe noted that 85
percent of the cases are handled internally by DFYS and that
information could not be released. Occasionally, DFYS turns
serious cases over to a court proceeding for adjudication. In that
case, the courts could release this information as long as the
nature of the offense, the details obtained through DFYS
proceedings, was not released. The court could release the
following information: if the juvenile was found to be not
delinquent or delinquent and the disposition, or sentence. Mr.
Poppe informed the committee that Kathy Tibbles in DFYS had worked
on this. Ms. Tibbles received clearance for this procedure; the
court does have the right and jurisdiction to release certain
information.
Number 157
Mr. Poppe directed the committee to the sectional analysis.
Section 1 maintains the confidentiality of the records of DFYS
regarding the receipt of aid. Section 2 maintains the
confidentiality of records of children alleged to be delinquent of
a misdemeanor. Page 3, line 8, subsection (g) contains new
language. The new language requires, upon request, that the court
release certain information regarding the outcome of the proceeding
of a minor who committed an act considered a felony for adults.
The court can release the information listed in paragraphs 1-3
under subsection (g). Mr. Poppe pointed out that page 3, lines 27
and 28 contains a line which was typed in that was lost in the
process of the numerous drafts.
Number 208
SENATOR SALO agreed that juvenile offenders in felonious crimes
should not be so protected; there is a public purpose in knowing
the information. She pointed out that she had introduced SB 269
which is probably more similar to HB 104 than SB 270. Senator Salo
asked if youth offenders were being held to a higher standard,
rather more disclosure, than normally provided for an adult
offender. She also asked if the media would be required to publish
this information. ROGER POPPE did not believe that there was a
higher standard. The information being released occurs after the
outcome. Mr. Poppe reiterated that the nature of the offense would
not be released due to DFYS restrictions. In adult cases, all the
files are open to the public.
SENATOR SALO pointed out that releasing the name of the offender's
parents does not occur in adult cases.
ROGER POPPE explained that releasing the name of the parents would
serve as an additional embarrassment or enforcer for the child as
well as the parents. Mr. Poppe acknowledged that this is a gray
area constitutionally because the individual's right to privacy
must be balanced with the public's right to know. If this issue
became a court test case, the public's right to know on this issue
would be paramount in releasing the name of the parent. Mr. Poppe
clarified that this information would only be released upon
request. The courts and the Department of Public Safety would not
be required to publish daily volumes of information.
SENATOR SALO inquired as to the crimes that would be felonies when
committed by adults, but not when committed by juveniles. ROGER
POPPE explained that the term felony is limited to adults. The
terms applied to juveniles are delinquent or not delinquent.
SENATOR SALO asked if a juvenile committed a murder, would the
juvenile merely be a delinquent? SENATOR LEMAN interjected that
such a juvenile would be placed in adult court and charged with a
felony and if found guilty, the juvenile would be a felon.
SENATOR MILLER noted that the automatic waiver for 16 and 17-year-
olds automatically places them in adult court for murder. In the
case of a 15-year-old, the court could choose upon petition to try
the juvenile as an adult.
Number 284
SENATOR SALO asked if the classification of the crime remained the
same regardless of whether the juvenile is tried in adult court or
not.
JACK CHENOWITH, Legislative Legal Counsel, stated that the
classification would not change; the crime would be either a felony
or a misdemeanor. The reference in the bill is present merely to
distinguish between those crimes that an adult would be prosecuted
as a felony and those as a misdemeanor. The language of the bill
attempts to realize that most minors are not prosecuted; most youth
offenders are handled through DFYS or through the delinquency
adjudication process. Therefore, Senator Salo was correct in her
assessment that a felony is always a felony. Mr. Chenowith noted
that the only change would be related to status offenses such as
the curfew violation; that offense is not defined for an adult. In
general, the classification of offenses attempts to steer away from
status offenses.
Number 313
SENATOR SALO reiterated her question regarding whether HB 104 would
hold youth offenders to a higher standard with the release of the
parents' name. JACK CHENOWITH said that releasing the parents'
name would be an additional requirement. He did not believe this
violated an individual's right to privacy due to the common
knowledge of the minor's relationship with their parent or
guardian.
CHAIRMAN GREEN requested the review of the specific changes
included in the current CS.
ROGER POPPE referred the committee to the sectional analysis.
Section 1 was amended to maintain the confidentiality of a minor's
records relating to their need of aid. Section 2 maintains the
confidentiality of a minor who is alleged to be delinquent due to
a misdemeanor charge; no information would be released. Subsection
(g) in Section 2 specifies that the court would release information
regarding the outcome of the proceedings of a minor alleged to be
delinquent based on an act that would be a felony if committed by
an adult. Mr. Poppe pointed out that the language on page 3, line
27 was left at "may" in order to allow for times when the life of
the child may be endangered or in the case of a continuing
investigation. The remaining addition is on page 3, line 32 which
allows for the release of the name of the minor's parents.
Number 382
DIANE WORLEY, Director of the Division of Family & Youth Services,
thanked Representative Kott for allowing the division to work on
this bill. Currently, the division believes that HB 104 would not
have an impact on DFYS or the federal funding. Ms. Worley pointed
out that often the youth coming into DFYS are first time offenders
or are found innocent prior to being petitioned to court. Those
youth would not have the opportunity to clear their name which
concerns DFYS. Ms. Worley said that DFYS is committed to the work
of the Governor's Conference on Youth and Justice. She hoped that
many of these issues could be delayed until the group can review
the issues comprehensively. She expressed concern with the piece
meal approach to the issues of the youth. DFYS does not have any
opposition to HB 104.
SENATOR SALO asked if "no opposition" implied support or
neutrality. DIANE WORLEY said it meant the division was neutral.
Number 421
SENATOR LEMAN believed that the piece meal approach is far better
than waiting for the conference to modify all juvenile laws. That
comprehensive package may be two or three years in the future.
CHAIRMAN GREEN asked if anyone else wished to testify. Hearing
none, she inquired as to the will of the committee.
SENATOR LEMAN moved that SCS CSSSHB 104(HES) be moved out of
committee with individual recommendations and the accompanying
fiscal notes. Hearing no objection, it was so ordered.
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