Legislature(2021 - 2022)GRUENBERG 120
03/10/2021 01:30 PM House JUDICIARY
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 | |
| HB105 | |
| HB3 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 3 | TELECONFERENCED | |
| *+ | HB 57 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 105 | TELECONFERENCED | |
HB 105-DETENTION OF MINORS
1:34:31 PM
CHAIR CLAMAN announced that the first 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."
CHAIR CLAMAN noted that HB 105 is sponsored by the House Rules
Committee by request of the governor and that this is the bill's
second hearing before the committee.
1:34:58 PM
CHAIR CLAMAN opened invited testimony on HB 105. He asked Ms.
Samantha Cherot, Public Defender Agency, to provide perspective
on the bill.
1:35:32 PM
SAMANTHA CHEROT, Esq., Public Defender, Public Defender Agency,
Department of Administration, on behalf of the administration,
provided invited testimony in support of HB 105. She stated
that keeping children subject to the auto waiver or
discretionary waiver in Division of Juvenile Justice (DJJ)
facilities until they reach age 18 should result in better
conditions for the impacted children as long as DJJ has the
necessary resources for programming and to care for them. It
should eliminate children being held in segregation while
incarcerated and it should ensure their continued access to
necessary educational services and programming in DJJ's
facilities focused on rehabilitation and which will better
enable these children to develop the necessary skill sets to
reduce recidivism and to foster their continued cognitive
development. This is critical given the fundamental differences
between juvenile and adult minds and that the brain is not fully
formed until one's mid-twenties.
1:36:57 PM
CHAIR CLAMAN closed invited testimony.
CHAIR CLAMAN announced he would entertain amendments and stated
for the record that Legislative Legal Services has permission to
make any technical and conforming changes to the bill.
CHAIR CLAMAN handed the gavel to Vice Chair Snyder.
1:37:54 PM
CHAIR CLAMAN moved to adopt Amendment 1 to HB 105, labeled 32-
GH1576\A.1, Radford, 3/8/21, which read:
Page 5, line 7:
Delete "AS 47.12.250"
Insert "(k) of this section"
REPRESENTATIVE DRUMMOND objected.
1:38:04 PM
CHAIR CLAMAN stated that the Division of Juvenile Justice would
explain Amendment 1 given the division requested that he offer
this amendment and a second amendment in coordination with DJJ's
discussions with the court system.
1:38:27 PM
MATT DAVIDSON, Social Services Program Officer, Division of
Juvenile Justice (DJJ), Department of Health and Social Services
(DHSS), on behalf of the administration, said Amendment 1 would
correct a drafting error in HB 105. He drew attention to
Section 2 of the proposed bill, page 4, line 30, which removes
an existing reference in state statute to the holding of
nondelinquent minors under AS 247.12.120 and 247.12.250. He
explained that Amendment 1 would remove another reference to
247.12.250 [on page 5, line 7] in Section 2, and would add a
reference to the process delineated in Section 3, the new
subsection (k) [that would be added to AS 47.10.141]. He
further explained that existing statute mistakenly contains a
reference to how delinquent minors would be held in a process to
hold nondelinquent minors. So, it is circular, and this was
recognized during drafting of the bill. This correction would
just carry on that correction to remove the reference to
delinquency statute for secure holds for nondelinquent minors.
1:40:24 PM
REPRESENTATIVE DRUMMOND asked where the new subsection (k) is
located within the bill.
MR. DAVIDSON replied that Section 3 [on page 5] is the new
subsection (k) that describes the process under which a court
must go and consider and the process for the process of holding
nondelinquents temporarily in juvenile justice facilities.
REPRESENTATIVE DRUMMOND requested further clarification on where
in the bill the [new subsection (k)] is located.
CHAIR CLAMAN brought attention to Section 2, [page 4, line 24],
which states AS 47.10.141(c). He explained that when it later
says on page 5 "under subsection (k)" it is referencing
47.10.141. He then directed attention to Section 3 [on line 12
of page 5], which states AS 47.10.141, and pointed out that
subsection (k) is right below [beginning on line 13].
1:41:52 PM
REPRESENTATIVE EASTMAN asked what the practical effect would be
if Amendment 1 failed.
MR. DAVIDSON answered that the practical effect is not great,
but that it is an opportunity to clean up this statute. He said
delinquents are not held under this process - delinquency
statute contains all the process needed for holding delinquent
minors in secure facilities - but it could lead to confusion,
and this is an opportunity to clean it up.
1:42:47 PM
REPRESENTATIVE DRUMMOND removed her objection to Amendment 1.
[There being no further objection, Amendment 1 was adopted.]
1:43:05 PM
The committee took a brief at-ease.
1:43:11 PM
REPRESENTATIVE CLAMAN moved to adopt Amendment 2 to HB 105,
labeled 32-GH1576\A.3, Radford, 3/9/21, which read:
Page 7, line 22:
Delete "A minor shall be transferred"
Insert "The department shall transfer a minor
subject to the provisions of AS 47.12.030(a) or
47.12.100"
Page 7, lines 27 - 30:
Delete all material and insert:
"(c) If there is no available juvenile detention
facility in a community where a trial is being held or
if a juvenile facility is inappropriate for a minor,
the department may request that the court order, in
the interest of justice, that a minor be held in an
adult correctional facility with or without sight and
sound separation from adult offenders. In making this
decision, the court shall consider"
Page 8, line 12:
Delete "court shall hold"
Insert "department shall request"
REPRESENTATIVE DRUMMOND objected for discussion purposes.
1:43:30 PM
CHAIR CLAMAN requested Mr. Davidson explain Amendment 2.
MR. DAVIDSON explained Amendment 2 would add substantive
clarifications that were identified in the review process. He
said the first of the three changes proposed in Amendment 2 is
on page 7, line 22, and clarifies that when the bill says at age
18 minors will be transferred to Department of Corrections (DOC)
custody, it is talking about only the minors that are part of
this section, which are the auto waiver minors and discretionary
waiver minors, not delinquent minors. This part of Amendment 2
clarifies that minors who are in DJJ facilities as part of this
new program, but they are considered adults as part of the adult
court system, will be transferred to DOC custody at age 18. It
does not apply to delinquent minors. Most DJJ jurisdiction ends
at age 18. In some cases, a court can extend that jurisdiction
to age 19 with another court finding, and in some very rare
cases if the minor consents to it, a minor can stay in DJJ
jurisdiction until age 20. This would not apply to minors who
are subject to the auto waiver or discretionary waiver; they
would be transferred to DOC facilities at age 18.
1:45:37 PM
REPRESENTATIVE DRUMMOND noted that if "A minor shall be
transferred" is deleted and insert "The department shall
transfer a minor subject to the provisions of AS 47.12.030(a) or
47.12.100", the sentence would then read, "The department shall
transfer a minor subject to the provisions of AS 47.12.030(a) or
47.12.100 to a facility operated by the Department of
Corrections when the minor turns 18 years of age." She said
this sentence does not make sense and asked whether this is the
intention for how the language would read.
CHAIR CLAMAN answered that the initial draft of the amendment
used the passive voice and Legislative Legal Services provided a
reminder that an active voice needed to be used.
MR. DAVIDSON stated that the new language would be in the active
voice and, in his opinion, reads as a complete sentence.
REPRESENTATIVE DRUMMOND said it is confusing and suggested the
addition of commas, so that the sentence would read, "The
department shall transfer a minor, subject to the provisions of
AS 47.12.030(a) or 47.12.100, to a facility operated by the
Department of Corrections when the minor turns 18 years of age."
1:47:39 PM
REPRESENTATIVE EASTMAN asked what would be the worst thing that
would happen if this amendment were not to pass.
MR. DAVIDSON advised that this amendment is necessary for the
bill to move forward. He related that several parties said it
was confusing, including DOC that initially wondered how many
minors DJJ would be transferring at age 18 if this bill passed.
He said the intent is only minors that DJJ is holding on behalf
of DOC, not minors that DJJ is holding under delinquency statute
who may be 18 or 19 years old in some cases.
CHAIR CLAMAN added that [the third of the three proposed changes
in Amendment 2] is [to delete] "court shall hold" [and insert]
"department shall request". He said this change recognizes that
generally the court doesn't take these things up on its own, but
they come up when somebody makes a motion. So, this change
would put the responsibility on the department to make the
motion for the court to review the status rather than the court
scheduling a hearing on its own.
1:49:11 PM
REPRESENTATIVE EASTMAN inquired whether he is correct in
understanding that as currently drafted, HB 105, Version A,
allows the court to intervene and gives that judge discretion,
but Amendment 2 would remove this discretion.
MR. DAVIDSON replied, "No." He explained that the first change
on page 7, line 22, just clarifies that when talking about
transferring custody to DOC, it is only talking about the waived
youths, not the delinquent youths.
1:50:07 PM
MR. DAVIDSON continued explaining Amendment 2. He said the
second of the three changes is on page 7, lines 27-30. He said
this change clarifies the circumstances that the department
would request the court consider variance from this new
requirement that auto waived minors be held in DJJ facilities.
It is two parts. It currently reads that if there is no
juvenile facility available, which is unclear because there are
juvenile facilities in six communities around the state; but if
a trial is being held in Dillingham, for example, it is wanted
for the court to have the option to choose to have a waived
minor held in the community where the trial is being held. [The
Department of Juvenile Justice] wants to be very specific about
that circumstance. The second circumstance is when a minor is
inappropriate for a juvenile facility and the court must take
into consideration the different circumstances of that minor,
such as age and behaviors, as part of the court's finding. So,
[the second change] clarifies the conditions that the department
would seek a waiver from the new rules, and that the department
is responsible for making that request and that the court is not
responsible for tracking that information.
1:51:48 PM
REPRESENTATIVE EASTMAN asked whether allowing the department to
make that request results in the legal effect of now denying the
court's ability to do that absent the department's request or if
the department is slow in making a request.
MR. DAVIDSON responded that he and Director Dompeling do not
believe the courts would be intervening to decide where a minor
should be held. He said Ms. Meade [General Counsel, Alaska
Court System] might testify if asked that [the courts] would
prefer the department make the request and then the courts would
make a judgement. But, he continued, [the courts] are not in
the business of deciding without request where a minor should be
held. He recounted that in the previous hearing, DJJ said it
believes that for most of these cases the division will be the
one holding minors subject to the automatic waiver and the
discretionary waiver, and that these variances would not be
something DJJ would be seeking on a regular basis. The division
is equipped to handle most of these cases, and it would be very
rare that DJJ would seek a variance.
1:53:41 PM
REPRESENTATIVE EASTMAN requested Mr. Davidson explain the third
change proposed in Amendment 2 and to state what the practical
consequences would be if [the amendment fails].
MR. DAVIDSON reviewed the third of the three changes proposed in
Amendment 2, a change that would be made on page 8, line 12. He
explained that this change is like the one aspect of the second
change which emphasizes the department's responsibility to
request a continuance of that decision by the court that a minor
can be held in an adult facility. He related that this is
something the court system requested of DJJ in terms of
amendment to clarify that the court system is not going to be
tracking where minors in DOC custody are being held, but if
[DJJ] wants to have a variance under this process [DJJ] would
request it of the court. It's an extension of the previous
section where the department will request of the court to make a
continuation of this finding.
1:55:04 PM
REPRESENTATIVE DRUMMOND removed her objection to Amendment 2.
There being no further objection, Amendment 2 was adopted.
VICE CHAIR SNYDER returned the gavel to Chair Claman.
1:56:17 PM
REPRESENTATIVE SNYDER moved to report HB 105, as amended, from
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 105(JUD) was
reported out of the House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 105 v. A 2.19.2021.PDF |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HJUD 3/5/2021 1:30:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Transmittal Letter 2.18.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HJUD 3/5/2021 1:30:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Sectional Analysis v. A 2.23.2021.pdf |
HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HJUD 3/5/2021 1:30:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Supporting Document - ABADA & AMHB Letter 3.5.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Testimony - Received as of 3.8.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Additional Document - Memo from DJJ to HJUD 3.9.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 v. A Amendments #1-2 HJUD 3.10.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 v. A Amendments #1-2 HJUD Final Votes 3.10.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Fiscal Note DOC-IDO 2.8.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HJUD 3/5/2021 1:30:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Fiscal Note DHSS-PS 2.10.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HJUD 3/5/2021 1:30:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Fiscal Note DPS-AST 2.12.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HHSS 4/29/2021 3:00:00 PM HJUD 3/5/2021 1:30:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 105 Fiscal Note JUD-ACS 3.4.2021.pdf |
HHSS 4/15/2021 3:00:00 PM HHSS 4/17/2021 3:00:00 PM HHSS 4/27/2021 3:00:00 PM HJUD 3/5/2021 1:30:00 PM HJUD 3/10/2021 1:30:00 PM |
HB 105 |
| HB 3 v. G 3.8.2021.PDF |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM |
HB 3 |
| HB 3 Sponsor Statement 2.18.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Legal Memo 2.10.2020.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - Alaska Health Department Reports Data Breach The Seattle Times 6.28.2018.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - DHSS Cyber Attack Impacts More Than 100,000 Alaska Households 1.23.2019.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - How One Alaskan Borough Survived A Cyber Attack CitiesSpeak 10.1.2019.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - MSBD Press Release Mat-Su Declares Disaster for Cyber Attack 7.31.2018.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - Pipeline Article Alaska Public Media 3.14.2018.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Supporting Document - CISA Critical Infrastructure 2.23.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HSTA 2/23/2021 3:00:00 PM |
HB 3 |
| HB 3 Fiscal Note DOA-OIT 2.21.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM |
HB 3 |
| HB 57 v. B 2.18.2021.PDF |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Sponsor Statement 3.8.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Sectional Analysis v. B 3.8.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Additional Document - OMB Letter 7.12.2019.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Additional Document - CBR Sweep Breakdown by Fund - LFD March 2020 3.8.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Additional Document - AEA Memo on PCE Sweep 8.24.2019.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Additional Document - Hickel v. Cowper May 27, 1994 3.8.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Additional Document - Legislative Finance Outline of AS 37.10.420 3.8.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Additional Document - Legislative Research Memo GF Definitions 9.1.2020.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Additional Document - FY19 Single Audit - Finding No. 2019-089 3.8.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Additional Document - FY20 CAFR General Fund Accounts 3.8.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 PowerPoint Presentation 3.10.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM HJUD 3/19/2021 1:30:00 PM HJUD 3/24/2021 1:30:00 PM HJUD 3/29/2021 1:00:00 PM HJUD 4/5/2021 1:00:00 PM |
HB 57 |
| HB 57 Fiscal Note GOV-OMB 3.6.2021.pdf |
HJUD 3/10/2021 1:30:00 PM |
|
| HB 3 Testimony - Received as of 2.22.2021.pdf |
HJUD 3/10/2021 1:30:00 PM HJUD 3/15/2021 1:30:00 PM HJUD 3/17/2021 1:30:00 PM |
HB 3 |