Legislature(2021 - 2022)DAVIS 106
05/06/2021 03:00 PM House HEALTH & SOCIAL SERVICES
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Presentation: Children's Justice Act Task Force | |
| HB105 | |
| HB13 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 13 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 105 | TELECONFERENCED | |
HB 105-DETENTION OF MINORS
4:05:57 PM
CO-CHAIR ZULKOSKY announced that the next order of business
would be HOUSE BILL NO. 105, "An Act relating to the duties of
the commissioner of corrections; relating to the detention of
minors; relating to minors subject to adult courts; relating to
the placement of minors in adult correctional facilities; and
providing for an effective date." [Before the committee,
adopted as a working document on 5/4/21, was a proposed
committee substitute (CS) for HB 105, Version 32-LGH1576\I,
Radford, 5/1/21 ("Version I").]
4:06:52 PM
CO-CHAIR SNYDER moved to adopt Amendment 1 to HB 105, Version I,
labeled 32-GH1576\I.1, Radford, 5/5/21, which read:
Page 1, line 2, following "Services; ":
Insert "relating to the right to representation
by the Public Defender Agency;"
Page 8, following line 4:
Insert a new bill section to read:
"* Sec. 13. AS 18.85.100(a) is amended to read:
(a) An indigent person who is under formal
charge of having committed a serious crime and the
crime has been the subject of an initial appearance or
subsequent proceeding, or is being detained under a
conviction of a serious crime, or is on probation or
parole, or is entitled to representation under the
Supreme Court Delinquency or Child in Need of Aid
Rules or at a review hearing under AS 47.12.105(d), or
is isolated, quarantined, or required to be tested
under an order issued under AS 18.15.355 - 18.15.395,
or against whom commitment proceedings for mental
illness have been initiated, is entitled
(1) to be represented, in connection with
the crime or proceeding, by an attorney to the same
extent as a person retaining an attorney is entitled;
and
(2) to be provided with the necessary
services and facilities of this representation,
including investigation and other preparation."
Renumber the following bill sections accordingly.
Page 33, lines 12 - 13:
Delete "sec. 22"
Insert "sec. 23"
Page 33, line 13:
Delete "secs. 2 - 8 and 22"
Insert "secs. 2 - 8 and 23"
Page 33, line 15:
Delete "sec. 21"
Insert "sec. 22"
Page 33, line 18:
Delete "sec. 21"
Insert "sec. 22"
Page 33, line 25:
Delete "Section 56"
Insert "Section 57"
Page 33, line 26:
Delete "sec. 57"
Insert "sec. 58"
CO-CHAIR ZULKOSKY objected for discussion purposes.
CO-CHAIR SNYDER explained that Amendment 1 would addresses a
concern relating to the right to representation by the public
defender agency. She deferred to Ms. Nancy Meade to explain the
amendment.
4:07:33 PM
NANCY MEADE, General Counsel, Alaska Court System, stated that
Amendment 1 could be viewed as a conforming amendment. She
explained that Section 25 of HB 105, Version I, has a provision
for those minors who are waived into adult court; it is a long-
standing part of Alaska statutes that 16- or 17-year-old minors
who have committed more egregious types of crimes are treated as
adults. When minors are treated as adults, they are outside the
juvenile delinquency statutes and are not part of AS 47.12.
However, Sec. 47.12.105, which is added in Section 25, brings
those minors who are otherwise treated as adults under this
chapter just for the only purpose of possibly having a judge
determine where they should be detained, with a preference
expressed generally in that provision for having those minors
detained in a juvenile facility, although a judge can decide
otherwise if requested to do so; for example, if the minor is
particularly violent. That provision in the bill sets out
standards the court must use to make that determination. That
minor is entitled to a hearing every 30 days to make sure that
if they are detained in an adult facility they should stay in
that adult facility, and the judge makes that determination at a
review hearing.
MS. MEADE continued explaining Amendment 1. She said page 18 of
Version I, lines 9-10, state that the waived minor is entitled
to representation at that review hearing, given the minor has
some important rights at issue. She pointed out that when a
statute says somebody is entitled to counsel, if that person is
indigent there needs to be a change to the public defender's
authorization statute to let them represent these folks. So,
while the case is ongoing for an indigent person, the public
defender is defending them because they are an adult accused of
a serious crime. However, some of these minors will have been
sentenced already so the case is closed, the public defender's
representation has ended, but there might still be these review
hearings called for under this provision. Therefore, she
explained, Amendment 1 would amend the public defender's
authority statute, which lists all the things they cover to
authorize them to give them the duty to represent people at
these review hearings. Ms. Meade related that she has spoken
with the public defender's office about this, and the public
defender is fine with it; plus, the public defender probably
will have represented the minor throughout the case and so it
makes sense that they would be the entity to do so. She said
this basically ensures it is covered so a hole isn't caused by
this statute in 47.12 that says that they get an attorney.
4:11:22 PM
REPRESENTATIVE MCCARTY offered his understanding that this
process would bring continuity of care representation all the
way through until the person is fully in the Department of
Corrections.
MS. MEADE replied correct, the entity that represented the minor
before will keep doing so for the review hearings that might
occur after the case is otherwise closed.
CO-CHAIR ZULKOSKY removed her objection. There being no further
objection, Amendment 1 was adopted.
4:12:10 PM
CO-CHAIR SNYDER moved to adopt Amendment 2 to HB 105, Version I,
labeled 32-GH1576\I.2, Radford, 5/5/21, which read:
Page 26, following line 18:
Insert a new bill section to read:
"* Sec. 39. AS 47.12.300 is amended by adding a new
subsection to read:
(i) Except as provided in (f) of this section,
this section does not apply to the records of a minor
who is waived into adult court under AS 47.12.030 or
47.12.100 and is subject to this chapter only to the
extent that AS 47.12.105 applies to the minor."
Renumber the following bill sections accordingly.
Page 33, line 25:
Delete "Section 56"
Insert "Section 57"
Page 33, line 26:
Delete "sec. 57"
Insert "sec. 58"
CO-CHAIR ZULKOSKY objected for discussion purposes.
CO-CHAIR SNYDER explained that Amendment 2 would add a new
subsection addressing the issue of public records of court cases
as related to waived minors. She deferred to Ms. Meade to
explain the amendment.
4:12:31 PM
MS. MEADE stated that Amendment 2 is a small technical fix. She
explained that under AS 47.12.300, Court Records, the court
records of juvenile delinquency cases are confidential, with
exceptions for victims and foster parents to get access to
information. Waived minors are treated as adults, usually
because the crime they are accused of is more egregious, and
those records like all criminal records are public records. The
statute on court records in the delinquency law says the court's
records prepared under this chapter are confidential. However,
Section 25 of the bill relating to 47.12.105 brings those waived
minors under this chapter for that very small piece of their
case of when the judge determines where they should be housed.
So, in reading the court records provision specifically, those
would be records prepared under this chapter that could be read
to make at least that part of that person's case confidential.
But, Ms. Meade continued, the whole rest of the case is public
because the waived minor is an adult, and it is a criminal case.
Since it makes sense to keep the whole case public, Amendment 2
would write an exception and make public that small portion of a
waived minor's case that is under the 47.12 juvenile delinquency
laws for the purpose of having the judge determine where the
waived minor is detained. Because a waived minor is being
treated like an adult, he or she would not get the benefit of
the confidentiality provision that applies to the other juvenile
delinquency cases.
4:14:46 PM
REPRESENTATIVE PRAX requested a restatement of the explanation
of Amendment 2.
MS. MEADE responded that minors who are of a certain age who
have committed basically more egregious crimes are treated as
adults, which means their case is public like any criminal case.
But, she continued, the existing law in the juvenile delinquency
rules says that the case of any minor under this chapter is
confidential, which hasn't been a problem because those minors
aren't under this chapter. But, HB 105 would add this chapter
about a judge deciding where these waived minors get housed so
they would now be under this chapter. The question, then, is
whether their case is confidential, but the policy throughout
the statutes is those minors are adults just like any criminal
case. Often the media cares about a case like that, Ms. Meade
noted, and they've always been public. It's almost like a
loophole because the waived minor would get the benefits of
confidentiality, which would conflict with the rest of the
policy reflected that those minors have possibly done the type
of offense that the public has a right to know about. [Under
Amendment 2, waived minors] would not get the benefit of their
case being confidential because they are in an adult world where
criminal cases are all public, the court is transparent, and
people know what is happening with criminal cases.
4:16:40 PM
REPRESENTATIVE KURKA offered his understanding that Amendment 2
would clarify that [waived minors] don't get privacy because
they are being tried as an adult even though they are still
residing in a juvenile detention center.
MS. MEADE confirmed that that is one way to look at it.
4:17:22 PM
REPRESENTATIVE PRAX opined that public access has some benefits
and some drawbacks. He stated he is not necessarily interested
in the media getting access to information because generally the
media's interest is to make a spectacle of it, but for those
people who are more intimately involved and have a need for
access the confidentiality gets in the way of doing something
good. He asked whether there is any way to strike a balance.
MS. MEADE answered that the default of Alaska's public access
rules is that all court records are public. Records are only
confidential if a statute, special court order, or court rule
[says so]. She suggested that perhaps a middle ground is that
somebody can always move the court; there can be a discussion if
there is a particular reason to vary from the general rules
about access. A very fundamental one of Alaska's public access
rules is criminal cases are public. There isn't an overall
reason to keep criminal cases confidential, she continued, but
there is for juvenile delinquency because a minor has enhanced
privacy interests. She said there is more of an emphasis on
rehabilitation when it is a Division of Juvenile Justice case
and on outcomes that will enhance the future of that minor so
that the minor doesn't begin or keep on with a life of
criminality. However, Ms. Meade added, a regular criminal case
is public so that people can know what is going on and have
public trust and confidence in what their court system is doing
and in issues that are a matter of public interest.
4:20:12 PM
REPRESENTATIVE PRAX asked whether it is fair to say that for
purposes of this bill it is just whether they fit as a juvenile
or a juvenile is charged as an adult.
MS. MEADE replied that the statutes already contain the decision
that a 16- or 17-year-old who committed a more heinous crime is
an adult for all purposes. It would be a little bit of an
anomaly to say but for confidentiality purposes they get the
juvenile delinquency benefits, she continued, so that is what
this ensures does not happen.
REPRESENTATIVE PRAX asked whether figuring out that balance
would be worth a discussion at some point, but not as part of
this bill.
MS. MEADE responded that the legislature may want to discuss
that, but it is beyond her area because it would be the
legislature's policy decision. She said she is willing to talk
privately with Representative Prax about the merits of something
like that.
4:21:33 PM
REPRESENTATIVE KURKA stated that the public and the legislature
need to know what is going on in the court system for the
purpose of accountability. He said he thinks there is a balance
with Amendment 2 because of the protection of privacy that
Alaska has for minors. The whole intent with juvenile justice,
he added, is less toward justice and more toward rehabilitation.
But, he continued, there comes a point where the focus is no
longer on rehabilitation when a 17-year-old, still technically a
minor who will still go to go the juvenile detention center, is
treated legally as an adult because his or her act was
[extremely serious] and not that of a child. There are the
rights of the accused, but there are also the rights of the
victims, he added, and having that public transparency is very
important.
4:23:34 PM
REPRESENTATIVE MCCARTY asked whether he is correct that the
concern is that this [waived] minor doesn't get any perks, the
minor is being tried as an adult, and all is exposed to the
public. Amendment 2 would clean up the language so that housing
a [waived] minor in the juvenile detention center could not
produce a potential loophole for things the [waived] minor
should not be privileged to.
MS. MEADE confirmed that that is correct.
CO-CHAIR ZULKOSKY removed her objection. There being no further
objection, Amendment 2 was adopted.
4:24:41 PM
REPRESENTATIVE KURKA commented that the joining of HB 116 with
HB 105 has created a monster of a bill. He said he will
therefore be carefully looking through it to make an informed
decision on the bill's passage.
4:25:04 PM
CO-CHAIR SNYDER moved to report the proposed CS for HB 105,
Version 32-LGH1576\I, Radford, 5/1/21, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 105(HSS) was
reported out of the House Health and Social Services Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Key Findings_03_2021.pdf |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| CJA Brochure 2016 Update.pdf |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| 2017-PSB-Fact-Sheet-Overview-What we Can Do.pdf |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| CJA Members List 5-5-20 (002).pdf |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| CJATF2021 Presentation.pdf |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| CSA Final Draft.pdf |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| Economic Value of Community services for YSBP.pdf |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| Harmful Sexual Behavior Framework.pdf |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| HB 13 Version A.PDF |
HHSS 5/6/2021 3:00:00 PM |
HB 13 |
| HB 13 Sponsor Statement Version A.pdf |
HHSS 5/6/2021 3:00:00 PM |
HB 13 |
| HB 13 Sectional Analysis version A.pdf |
HHSS 5/6/2021 3:00:00 PM |
HB 13 |
| HB 105 Amendment 1_Snyder.pdf |
HHSS 5/6/2021 3:00:00 PM |
HB 105 |
| HB 105 Amendment 2_Snyder.pdf |
HHSS 5/6/2021 3:00:00 PM |
HB 105 |
| HB 105 Detention of Minors Sectional Analysis Version 32 GH1576 I.pdf |
HHSS 5/6/2021 3:00:00 PM |
HB 105 |
| DHSS comparison of HB116 (HB105 or SB91) with notes.pdf |
HHSS 5/6/2021 3:00:00 PM |
HB 105 HB 116 SB 91 |
| CS for HB 105.pdf |
HHSS 5/6/2021 3:00:00 PM |
HB 105 |
| CJATF2021LegV3.1COMPRESSED.pptx |
HHSS 5/6/2021 3:00:00 PM |
Children's Justice Act Task Force |
| DRAFT-HB105-DHSS-PS (003).pdf |
HHSS 5/6/2021 3:00:00 PM |
HB 105 |