05/04/2021 03:00 PM House HEALTH & SOCIAL SERVICES

                    HB 105-DETENTION OF MINORS                                                                              
         HB 116-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                      
                                                                                                                                
4:15:26 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SNYDER announced that the  final 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." and HOUSE  BILL NO.  116, "An                                                               
Act  relating  to care  of  juveniles  and to  juvenile  justice;                                                               
relating  to employment  of juvenile  probation  officers by  the                                                               
Department of Health and Social  Services; relating to terms used                                                               
in  juvenile justice;  relating to  mandatory reporters  of child                                                               
abuse  or  neglect;  relating  to sexual  assault  in  the  third                                                               
degree;  relating  to  sexual  assault   in  the  fourth  degree;                                                               
repealing  a  requirement  for  administrative  revocation  of  a                                                               
minor's  driver's   license,  permit,  privilege  to   drive,  or                                                               
privilege to  obtain a license  for consumption or  possession of                                                               
alcohol or drugs; and providing for an effective date."                                                                         
                                                                                                                                
CO-CHAIR  SNYDER  recounted  that  during  the  committee's  last                                                               
meeting  the overlap  between HB  105 and  HB 116  was discussed.                                                               
She stated  that HB 116  is rolled into the  committee substitute                                                               
that will be proposed today.                                                                                                    
                                                                                                                                
4:16:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  ZULKOSKY   moved  to   adopt  the   proposed  committee                                                               
substitute  (CS)  for  HB   105,  Version  32-GH1576\I,  Radford,                                                               
5/1/21,  as the  working  document.   There  being no  objection,                                                               
Version I was before the committee.                                                                                             
                                                                                                                                
4:17:00 PM                                                                                                                    
                                                                                                                                
MATT  DAVIDSON,  Social  Services Program  Officer,  Division  of                                                               
Juvenile Justice (DJJ), Department  of Health and Social Services                                                               
(DHSS), explained  the changes made under  the proposed committee                                                               
substitute,  Version I,  for HB  105.   He stated  that both  the                                                               
division and the department are excited  to be at this point with                                                               
these two  important pieces of legislation,  especially combining                                                               
them into one bill.  He said  HB 105, Detention of Minors, and HB
,  Juveniles: Justice,  Facilities,  Treatment, meld  together                                                               
nicely given  they deal with  a similar subject and  have several                                                               
overlapping sections.   Mr.  Davidson related  that Version  I is                                                               
comprised  of  10 sections  directly  from  HB 105  [Version  32-                                                               
GH1576\B],  38  sections without  changes  directly  from HB  116                                                               
[Version 32-LS0537\A],  and 10 sections  that are a  meld between                                                               
the  two bills.    He  further related  that  Version I  contains                                                               
updates to sections of HB 105  to reflect language adopted by the                                                               
Senate when  that body considered  [SB 91,  Version 32-GS1576\I],                                                               
the  companion to  HB  105.   He  noted  that  for the  sectional                                                               
analysis he will  only highlight the changes that  were made that                                                               
were not included in HB 105 or HB 116.                                                                                          
                                                                                                                                
MR. DAVIDSON explained that Version  I, Section 6, page 3, [lines                                                               
9-10], contains  an amendment  suggested by  Representative Kurka                                                               
regarding  the definition  of  a position  of  authority for  the                                                               
purposes of  sexual abuse  of a minor.   The  suggested amendment                                                               
moved the phrase "substantially  similar" to a different position                                                               
in the  statute that would be  more inclusive of the  entire list                                                               
of officials that could have a position of authority.                                                                           
                                                                                                                                
MR. DAVIDSON  specified that  Version I,  Section 13,  reflects a                                                               
minor legislative drafting  change that was made in [SB  91].  He                                                               
said Section  14 combines the  new federal rules  about detention                                                               
of non-delinquent minors  that are in HB 105 with  language in HB
 describing facilities.   He stated that Section 16  is HB 105                                                               
with  the updated  terms  found  in HB  116.    He conveyed  that                                                               
Section 19 is a drafting style  change that was made in the other                                                               
body but with no  change in the meaning of the  bill.  He related                                                               
that Section 21 contains a minor drafting style revision.                                                                       
                                                                                                                                
4:23:45 PM                                                                                                                    
                                                                                                                                
MR.  DAVIDSON explained  that  Version I,  Section  25, which  is                                                               
Section 25 of  HB 105 and Section  8 of [SB 91],  is an amendment                                                               
that  provides for  minors who  have been  waived into  the adult                                                               
correctional system  to be  held in DJJ  facilities.   He pointed                                                               
out that this is the core of HB  105 and that the other body made                                                               
changes to that section to  help clarify the expectations for the                                                               
new rules that  are being operated under.  The  exceptions to the                                                               
rule are  specified for during  transport to the DJJ  facility to                                                               
attend  court hearings  or under  the court  appeal processes  of                                                               
Section 25,  [subsections] (c) and  (d).  Also, a  specific right                                                               
for counsel is  to be given to  a minor who is going  to be moved                                                               
into an adult  system under [subsections] (c) and (d).   The most                                                               
important change in Section 25  is the addition and definition of                                                               
the term  "waived minor."   Because adding these minors  who have                                                               
been waived  into the adult correctional  system into delinquency                                                               
statute  was causing  confusion, a  very specific  definition was                                                               
provided in [subsection] (g) of Section 25.                                                                                     
                                                                                                                                
MR. DAVIDSON  stated that  Section 28  contains a  minor drafting                                                               
style change that  was made in the other body.   He conveyed that                                                               
Sections  30-34 are  a combination  of HB  116 with  the drafting                                                               
style changes made  in the other body.  The  same provisions that                                                               
are in  HB 105 are  combined with HB  116, the new  definition of                                                               
DJJ facilities.  He explained  that Sections 36-37 take the other                                                               
body's version  which added a  new subsection (f)  clarifying the                                                               
expectation that  waived minors  will be transported  directly to                                                               
DJJ facilities  rather than  going to  adult facilities,  and the                                                               
combination of HB  116 terminology.  He said  Section 55 combines                                                               
the applicability  sections of both  bills.  He related  that the                                                               
final section,  Section 58,  is from [HB  105, Section  20, which                                                               
establishes an  effective date of  July 1, 2021, except  as noted                                                               
in Section 57.]                                                                                                                 
                                                                                                                                
4:26:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SPOHNHOLZ thanked  Tracy Dompeling, Matt Davidson,                                                               
and Suzanne Cunningham with  the administration for collaborating                                                               
with her staff  person Megan Holland on bringing  together HB 105                                                               
and HB 116.                                                                                                                     
                                                                                                                                
REPRESENTATIVE KURKA noted  he hasn't yet reviewed  Version I but                                                               
likes "the fix"  done on Section 6 that in  HB 116 would possibly                                                               
have  allowed  for  someone  to  not  be  prosecuted  for  sexual                                                               
assault.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  SPOHNHOLZ thanked  Representative  Kurka for  his                                                               
work on that definition.                                                                                                        
                                                                                                                                
CO-CHAIR SNYDER concurred  it was a good  catch by Representative                                                               
Kurka and an elegant fix to that section.                                                                                       
                                                                                                                                
[HB 105 and HB 116 were held over.]