02/10/2020 01:00 PM House JUDICIARY

         HB 133-JUVENILES: JUSTICE,FACILITES,TREATMENT                                                                      
                                                                                                                                
1:51:27 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE BILL NO. 133, "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."                                                                                                                          
                                                                                                                                
1:51:47 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN stated that the  bill sponsor's office shared a memo                                                               
[hard copy included  in committee packet] that  was circulated to                                                               
the  committee,  correcting  two  items  which  were  incorrectly                                                               
described for the  public record during the  last House Judiciary                                                               
Standing Committee meeting on 2/5/20.                                                                                           
                                                                                                                                
1:52:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN remarked  that  he  recalls hearing  some                                                               
horror stories, from the previous  year, of out-of-state juvenile                                                               
facilities where  children from Alaska  were housed; he  had read                                                               
that  these  children  were  administered  excessive  dosages  of                                                               
medication  and were  subject to  extended periods  of isolation.                                                               
He asked whether this bill was an attempt to address that issue.                                                                
                                                                                                                                
1:53:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE IVY SPOHNHOLZ,  Alaska State Legislature, remarked                                                               
that  it is  not the  bill  sponsor's intention  to resolve  that                                                               
issue with HB 133.                                                                                                              
                                                                                                                                
1:53:51 PM                                                                                                                    
                                                                                                                                
TRACY DOMPELING,  Director, Division  of Juvenile  Justice (DJJ),                                                               
Department of  Health and  Social Services,  asked Representative                                                               
Eastman to repeat the second half of his question.                                                                              
                                                                                                                                
1:54:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  reiterated that he recalled  hearing some                                                               
concerns  raised last  year about  some out-of-state  facilities;                                                               
therefore,  he expressed  that he  is particularly  interested in                                                               
how HB 133  would impact out-of-state facilities.   He referenced                                                               
Section  12 and  remarked  that the  definition  for health  care                                                               
facilities could  be very  broad and might  include out  of state                                                               
facilities.                                                                                                                     
                                                                                                                                
1:54:25 PM                                                                                                                    
                                                                                                                                
MS.  DOMPELING answered  that there  would not  be any  impact on                                                               
facilities outside of Alaska; the  DJJ would not have the ability                                                               
to control what out-of-state facilities  do.  She stated that the                                                               
out-of-state  facilities,  which  qualify for  Medicaid  eligible                                                               
placements,  have guidelines  that they  are required  to follow,                                                               
but as  the bill sponsor  had stated, HB  133 would not  have any                                                               
impact on this.                                                                                                                 
                                                                                                                                
1:54:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN remarked  that he  was glad  to hear  the                                                               
intention of  the bill itself  but asked whether Alaska  can send                                                               
juveniles who are unable to  receive appropriate care in state to                                                               
an out-of-state facility.                                                                                                       
                                                                                                                                
1:55:14 PM                                                                                                                    
                                                                                                                                
MS. DOMPELING  replied that Alaska  does have the option  to send                                                               
juveniles to  out-of-state facilities after it  has exhausted all                                                               
in-state options or the in-state  options are not appropriate for                                                               
the  juvenile's situation.   She  stated that  these out-of-state                                                               
facilities must be licensed, and  Medicaid approved.  In response                                                               
to  a follow  up  question, she  replied that  HB  133 would  not                                                               
impact the placement practices of the DJJ.                                                                                      
                                                                                                                                
1:56:42 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:56 p.m. to 1:57 p.m.                                                                       
                                                                                                                                
1:57:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE STUTES  moved to  report HB  133 out  of committee                                                               
with  individual  recommendations  and  the  accompanying  fiscal                                                               
notes.   There being no objection,  HB 133 was reported  from the                                                               
House Judiciary Standing Committee.