Legislature(2017 - 2018)CAPITOL 106
03/06/2018 03:00 PM House HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| HB351 | |
| HB290 | |
| HB268 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 351 | TELECONFERENCED | |
| += | HB 290 | TELECONFERENCED | |
| += | HB 268 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 351-JUVENILES: JUSTICE,FACILITES,TREATMENT
3:10:36 PM
REPRESENTATIVE TARR announced that the first order of business
would be HOUSE BILL NO. 351, "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 adjudication of minor delinquency and the
deoxyribonucleic acid identification registration system;
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."
3:11:22 PM
JUDY JESSEN, Staff, Representative Ivy Spohnholz, Alaska State
Legislature, paraphrased from the Sponsor Statement [Included in
members' packets], which read:
HB 351 is a statutory cleanup bill which updates the
terms used to describe the facilities operated by the
Division of Juvenile Justice and provides updated
definitions for those terms. Current statutes contain
references to facilities which DJJ does not operate,
and facilities that do not exist in the state of
Alaska. The bill also makes a clear distinction
between the role of juvenile probation officers and
adult probation officers in places where the
difference is unclear. HB 351 also requires staff of
juvenile justice to be added to the list of mandatory
reporters of child abuse and neglect. These updates
are necessary to provide statutory clarity to ensure
the Division can manage its facilities effectively
throughout the state.
Currently, Alaska Statutes reference places like work
camps and juvenile detention homes, which are not
recognized or operating in the state of Alaska. HB 351
adds juvenile treatment facility, juvenile detention
facility, and temporary secure juvenile holding area
as facilities currently being operated by the division
and provides clear definitions for each of these
terms. Because references to these facilities occur in
many places in statute, this bill also touches upon
many sections of statute. These changes are necessary
to provide the clearest regulation over facilities in
existence and operated by the DJJ.
3:13:16 PM
HB 351 also clarifies the role of juvenile and adult
probation officers, first by distinguishing clearly between
the two, and second by providing a clear definition for the
term juvenile probation officer. These are meaningful
changes to provide the best protection for juveniles in the
custody of the Division of Juvenile Justice.
Lastly, HB 351 adds DJJ staff to the list of mandatory
reporters. It is the Division's objective to engage in
the rehabilitation of juvenile offenders. Adding DJJ
staff to the list of mandatory reporters provides the
best guarantee that when DJJ staff discover cases of
child abuse and neglect, those cases are reported,
investigated, and resolved for the best interest of
the child.
While these technical language updates touch many
sections of statute, these language changes do not
significantly alter the authority of the Division over
juveniles in its care. Rather, these updates protect
juveniles by making it clear where juveniles can be
placed and clearly defining the authority of DJJ, its
staff, and facilities using current and relevant
language.
3:14:25 PM
MS. JESSEN paraphrased from the Sectional Analysis, which read
[Included in members' packets] [original punctuation provided]:
Section 1 AS 09.65.255(b): Deals with indemnity of
civil liability for the actions of minors in state
custody Adds foster home, definition reference for
foster home, juvenile treatment facilities, juvenile
detention facility, and treatment institution. Adds
references for the definitions of juvenile treatment
facility and treatment institutions
Section 2 AS 11.41.425(b)(1): Deals with sexual
assault in the third degree Adds staff who work in
juvenile detention facilities and juvenile treatment
facilities to definition of sexual assault in the
third degree
Section 3 AS 11.41.425(b)(2): Deals with sexual
assault in the third degree Updates the definition of
juvenile probation officer.
3:15:38 PM
REPRESENTATIVE EASTMAN asked in what way Section 2 added to the
definition of sexual assault in the third degree, and what was
attempted to be accomplished.
3:15:49 PM
MATT DAVIDSON, Social Services Program Officer, Division of
Juvenile Justice, Department of Health and Social Services,
explained that, in these sections referring to the sexual abuse
of a minor and the sexual assault crimes addressed in AS 11, the
terms describing the juvenile staff and facilities already
existed, and these were just conforming changes. These staff
were not being added and were being provided as a reference to
the earlier new definition. He emphasized that, for the
purposes of sexual assault in the third or fourth degree, it was
a special crime for staff of a juvenile justice facility to
engage in sexual behavior with kids in their care.
3:16:50 PM
REPRESENTATIVE EASTMAN directed attention to Section 24 and
asked about the changes to juvenile probation officers that
necessitated these conforming changes.
MR. DAVIDSON explained that the actual definition of juvenile
probation officers was in Section 24, and that the existing
statute, AS 47.12.270, referred to youth counselors, an earlier
term for facility staff which described the work of probation
officers. He added that this reference and definition had
existed for decades. He pointed out that there was only a minor
update for the actual work of probation officers in Section 24.
3:18:08 PM
MS. JESSEN continued her paraphrase from the Sectional Analysis,
which read:
Section 4 AS 11.41.427(b)(2): Deals with sexual
assault in the 4th degree. Updates definition of
juvenile probation officer
3:18:21 PM
REPRESENTATIVE SADDLER asked if the new definition for the
juvenile probation officer position required any additional
certification, training, or credentials.
MR. DAVIDSON explained that the probation officers were
considered peace officers, although they were not an official
part of the peace officer corps and were not sworn officers
similar to adult probation officers or police officers. They
did attend divisional training and they did meet the
requirements to fulfill the role.
REPRESENTATIVE SADDLER asked if the proposed bill made any
change to adult probation officers.
MR. DAVIDSON replied that adult probation officers were already
cited in statute, and that the proposed bill delineated between
adult and juvenile probation officers in the sections that
referenced probation officers, to provide clarity.
REPRESENTATIVE SADDLER asked whether, if juvenile probation
officer was not specifically delineated, this would be a
reference to adult probation officers.
MR. DAVIDSON replied that this had been the attempt, although it
was possible that some references had been missed.
3:20:39 PM
REPRESENTATIVE EASTMAN offered his belief that the definition
for juvenile probation officer was specifically asking the
department to title these individuals as such.
MR. DAVIDSON stated that the title of juvenile probation officer
was for personnel reasons and was attached to the job
description in AS 47.12.270.
REPRESENTATIVE EASTMAN asked about the substantive difference
between a juvenile probation officer and a juvenile justice
officer.
MR. DAVIDSON explained that the two had separate job
descriptions, duties, and roles within the department. There
was also a pay differential, as well as a difference for
experience and requirements, and educational background. He
declared that these were different positions and did not replace
each other in terms of the roles in the Division of Juvenile
Justice. He listed some of the duties of a probation officer.
3:23:31 PM
MS. JESSEN continued to paraphrase from the sectional analysis
Section 5, Section 6, Section 7, Section 8, Section 9, Section
10, and Section 11, which read:
Section 5 AS 11.41.470(3): Deals with crimes by legal
guardians Adds employees of juvenile treatment
institutions and juvenile and adult probation officers
to list of legal guardians
Section 6 AS 11.41.470(5): Deals with crimes against
persons committed by a person in a position of
authority Adds correctional employee, juvenile
facility staff, and staff members of juvenile
treatment institutions as people in positions of
authority
Section 7 AS 11.41.470: Deals with crimes against
persons committed by a person in a position of
authority Adds definitions for juvenile facility staff
and treatment institutions
Section 8 AS 11.56.760(a): Deals with orders to submit
to DNA testing Clarifies that those who have been
"adjudicated delinquent" may have to submit DNA
samples
Section 9 AS 11.61.123(e): Deals with Indecent Viewing
or Photography Adds treatment institutions and
juvenile treatment facilities to list of included
facilities. Provides references to definitions of
those terms
Section 10 AS 14.07.020(a): deals with providing
public education services Includes juvenile detention
facilities and juvenile treatment facilities as places
where public education must be provided. Provides
references to definitions of those terms
Section 11 AS 14.30.186(a): Deals with providing
special education Includes treatment institutions,
juvenile detention facilities, or juvenile treatment
facilities as places where special education must be
provided. Adds references to definitions for those
terms
3:25:35 PM
REPRESENTATIVE SADDLER asked for an explanation to the
functional effect of the expansion of the definition in Section
10, page 4, line 27 for juvenile education services.
MR. DAVIDSON explained that this section related to the duties
of the Department of Education and Early Development to provide
education services to youth in the custody of the Division of
Juvenile Justice in their facilities. He said that this was
updating the references to those facilities, and it was not an
expansion. He noted that all the facilities had school district
operated schools and he pointed to AS 47.12 for a definition of
those facilities. He stated that the intent was to update the
references and ensure they were being uniformly referenced
across the statute. He said that each of these conforming
changes had individually been discussed with the Department of
Education and Early Development. He added that there had been
discussions regarding special education with the Governor's
Council on Special Education and Disabilities to ensure they
were "hitting our references correctly."
3:27:23 PM
REPRESENTATIVE SADDLER asked for examples of juvenile treatment
facilities.
MR. DAVIDSON explained that, for the purposes of the bill, the
definition of juvenile treatment facility was referenced in AS
47.12, and included the four Division of Juvenile Justice
institutional treatment facilities: McLaughlin Youth Center in
Anchorage, the Bethel Youth Facility, the Johnson Youth Center
in Juneau, and the Fairbanks Youth Facility. He pointed out
that previously some of the terms had not been well defined and
there were not any references provided throughout the statute.
3:28:32 PM
REPRESENTATIVE EASTMAN, referring to page 4, line 27, asked if
there was a definition of detention.
MR. DAVIDSON explained that the facilities operated by the
Division of Juvenile Justice were referred to as detention homes
in the earlier statute, and these terms had been deleted from
statute. He stated that this proposed statute did not use this
term, as it was a less specific term.
REPRESENTATIVE EASTMAN asked if there were any detention
facilities that were not included in the definition for juvenile
detention facility or juvenile treatment facility. He asked if,
during this transition, there was any chance for someone "to
fall through the cracks."
MR. DAVIDSON explained that, as the Department of Education and
Early Development was required to provide education services,
there was not a chance. He reported that a definition for
temporary juvenile holding areas was being added, explaining
that these were areas where a youth, who had committed a
criminal offense and needed to be detained, was held securely
while awaiting transport to a juvenile justice facility. He
clarified that there was not an expectation that educational
services would be provided at these facilities, as they were
most often a "less than six hour hold and were waiting for the
trooper to come and transport that youth... "
MR. DAVIDSON, in response to Representative Eastman, explained
that the Department of Education and Early Development did
provide education services for youthful offenders who were held
in Department of Corrections facilities, as they had been tried
as adults. He pointed out that this section of the proposed
bill was addressing education in coordination with the
Department of Health and Social Services, and not with the
Department of Corrections.
3:32:22 PM
MS. JESSEN paraphrased from the sectional analysis Section 12,
Section 13, Section 14, and Section 15, which read:
Section 12 AS 17.37.070(6): Deals with medical
marijuana Includes juvenile treatment facilities as
facilities operated by the state which are not
required to provide medical marijuana
Section 13 AS 18.20.499(2): Deals with overtime for
nurses Adds "juvenile" treatment facilities and
treatment institutions to describe facilities operated
by Division of Juvenile Justice
Section 14 AS 47.10.141(c): Deals with Runaways and
Missing Minors Updates terms used to describe juvenile
detention facilities operated by the Division of
Juvenile Justice and inappropriate emergency placement
for minors.
Section 15 AS 47.10.141(j): Deals with Runaways and
Missing Minors Creates new definition for "temporary
secure juvenile holding area" where delinquent minors
may be kept while awaiting transportation to a
juvenile detention facility or pending a court order
in AS 47.10.990
REPRESENTATIVE TARR offered her belief that Section 15 offered a
new definition for "temporary secure holding area."
3:33:28 PM
REPRESENTATIVE SADDLER asked for clarification that Section 13
defined a juvenile treatment facility as an area in which
overtime for nurses was prohibited.
MR. DAVIDSON replied, "That's my understanding."
REPRESENTATIVE TARR asked if these were salaried state employees
that would not otherwise be eligible for overtime.
MR. DAVIDSON replied that some of the salaried staff were
overtime eligible.
REPRESENTATIVE SADDLER referenced AS 18.24.400, listing
facilities which, under this amendment, would include juvenile
treatment facilities and that "a nurse in a health care facility
may not be required or coerced to work overtime."
3:34:49 PM
MS. JESSEN paraphrased from the sectional analysis Section 16,
Section 17, Section 18, and Section 19, which read:
Section 16 AS 47.10.990(20): Deals with Runaways and
Missing Minors Updates the definition used to describe
facilities operated by the Division of Juvenile
justice for the temporary secure detention of minors.
Section 17 AS 47.12.025(c): Arrest procedure for
juveniles Clarifies that the described duties apply to
juvenile probation officers, not adult probation
officer. Updates language used to describe juvenile
facilities and other areas where delinquent minor may
be held.
Section 18 AS 47.12.120(b): Deals with the placement
of minors who have an adjudication order under AS
47.12.120(b)(1) Updates terms of facilities where
minors can be placed
Section 19 AS 47.12.120: Deals with DNA submission for
minors Adds a new subsection to clarify that minors 16
or older may be ordered to submit a DNA sample if
adjudicated for certain crimes
3:35:59 PM
REPRESENTATIVE JOHNSTON asked if "16 or older" [in Section 19]
was new language, and if so, why was this being added.
MR. DAVIDSON explained that the underlying statute requiring DNA
submission for adjudicated delinquents 16 years of age or older
already existed in AS 44, and this referred to the delinquency
statute to bring "that all together."
REPRESENTATIVE SADDLER asked if there was a category of crimes
committed by a juvenile that was not already considered a crime
committed by an adult.
MR. DAVIDSON explained that this was "kind of a term of art we
use which is the youth that are referred to the division commit
delinquent acts that would have been a crime if they were an
adult, but they are delinquents rather than criminals." He
stated that the crimes requiring DNA samples were crimes of a
sexual nature.
REPRESENTATIVE EASTMAN asked about the penalty for a 16-year-old
not submitting to a DNA test.
MR. DAVIDSON replied that this was a misdemeanor, as it was part
of an adjudication order and the court sentence, and he would
research the exact crime.
3:38:32 PM
MS. JESSEN paraphrased from the sectional analysis Section 20
and Section 21, which read:
Section 20 AS 47.12.240(a): Deals with placement of
minors after court commits them and before they are
convicted Makes conforming and clarifying amendments
to the conditions under which a minor may be held in a
facility housing adult prisoners and the language used
to describe facilities operated by the Division of
Juvenile Justice
Section 21 AS 47.12.240(b): Deals with temporary
holding of minors while awaiting transport Updates
language used to describe conditions under which a
minor may be held in a facility housing adult
prisoners and the language used to describe facilities
operated by the Division of Juvenile Justice
REPRESENTATIVE TARR addressed an amendment [Included in members'
packets] which would amend Section 21.
3:39:58 PM
MS. JESSEN paraphrased from Section 22 and Section 23, which
read:
Section 22 AS 47.12.245(b): Deals with parole officers
arresting minors Clarifies that the authority to
arrest a minor rests with juvenile, not adult,
probation officers.
Section 23 AS 47.12.250(a): Deals with temporary
detention/ detention hearings Clarifies that the
authority to detain a minor rests with "juvenile," not
adult, probations offices. Adds "temporary secure
juvenile holding areas" to the list of approved placed
to hold juveniles
3:40:18 PM
REPRESENTATIVE SADDLER shared testimony from another committee
which reported that a Village Public Safety Officer (VPSO) must
restrain a person after an arrest. He asked if the VPSO could
secure a juvenile in a place not described as a secure juvenile
holding area, such as the VPSOs home or office, and, if so,
would this practice come into conflict with Section 23.
MR. DAVIDSON explained that the temporary juvenile holding area
was in compliance with the federal Juvenile Delinquency and
Prevention Act. He reported that the Division of Juvenile
Justice had agreements with dozens of these temporary areas and
these were monitored and inspected every third year. He
acknowledged that, upon occasion, it was necessary to restrain
adults and juveniles in areas that were not part of the
definition.
3:42:07 PM
MS. JESSEN paraphrased from the sectional analysis Section 24,
which read:
Section 24 AS 47.12.270: Deals with juvenile probation
officers Updates the title and duties of juvenile
probation officers.
3:42:18 PM
REPRESENTATIVE EASTMAN asked in which situations the juvenile
probation officer would need to exercise the powers of a peace
officer with respect to the service of process.
MR. DAVIDSON replied that he was not sure of the role for a
peace officer, although they did have the ability to arrest
minors if they had failed to meet conditions of conduct imposed
by the court.
REPRESENTATIVE EASTMAN directed attention to [page 14] line 19
and asked whether the addition for "service of process" had been
"copied over from another pre-existing statute" or was it now a
power of a peace officer being given to a juvenile probation
officer.
MR. DAVIDSON deferred to the experts within the division for a
more thorough answer to the powers and the intent. He offered
his belief that it was being held over from the section which
was being repealed and re-enacted.
3:44:24 PM
REPRESENTATIVE SADDLER directed attention to page 13 [line 25]
which specified that a juvenile probation officer may arrest a
minor under certain conditions, and he asked if an adult
probation officer could arrest a juvenile under these
conditions.
MR. DAVIDSON opined that, for the purpose of the delinquency
statute, this was being specific to the roles of juvenile
probation officers. He pointed to the citizen arrest provision,
which allowed that any peace officer or citizen witnessing a
crime had that power. He noted that this was in a different
statute and was not being addressed here. He reported that
these sections in AS 47.12 referred to the powers of the
juvenile probation officers employed by the Division of Juvenile
Justice and was not intended to preclude other powers.
REPRESENTATIVE SADDLER stated that he wanted to make sure that
something necessary was not being excluded during this
clarification process. He asked if an adult probation officer
could only have the authority to arrest a juvenile under the
citizen arrest basis. He declared that the proposed bill
specified that only a juvenile probation officer could make the
arrest.
MR. DAVIDSON opined that, as it was generally outside the role
of an adult probation officer to monitor the conditions under
which a juvenile had been released from the Division of Juvenile
Justice, they would not be privy to the information necessary to
conduct an arrest.
3:47:29 PM
MS. JESSEN paraphrased from the sectional analysis Section 25,
which read:
Section 25 AS 47.12.310(d): Deals with notifying
victims of crimes Clarifies that the department has a
duty to notify victims when a minor is released from
any court ordered placement under AS 47.12.120(b)(1)
REPRESENTATIVE EASTMAN asked if this expanded or maintained the
status quo.
MR. DAVIDSON replied that this was an expansion of the
notification as youth were placed in secured places in other
non-Division of Juvenile Justice on rare occasions.
3:48:26 PM
MS. JESSEN paraphrased from the sectional analysis Section 26,
Section 27, Section 28, Section 29, Section 30, and Section 31,
which read:
Section 26 AS 47.12.315(c): Public disclosure of
information in department records relating to certain
minors Corrects language authorizing the department to
disclose confidential information related to the
offense when a minor has received an adjudication,
rather than the offense the minor "alleged to have
committed."
Section 27 AS 47.12.990(7): Deals with definitions and
institutions Amends the definition of juvenile
detention facility
Section 28 AS 47.12.990(12): Deals with definitions
and institutions Amends the definition of minor
Section 29 AS 47.12.990: Deals with definitions of
institutions Creates new definitions for juvenile
probation officer, juvenile treatment facility,
residential child care facility, temporary secure
juvenile holding area
Section 30 AS 47.14.010: Deals with the powers of DHSS
over DJJ Updates language to describe juvenile
facilities operated by the department
Section 31 As 47.14.020: Deals with the duties of the
department related to the custody of minors Updates
the language used to describe juvenile facilities
operated by the department
REPRESENTATIVE TARR asked if [Sections 30 and 31] just addressed
deletion of the homes and the juvenile work camps, and updated
the language.
MS. JESSEN expressed her agreement.
3:49:55 PM
MS. JESSEN paraphrased from the sectional analysis Section 32,
which read:
Section 32 AS 47.14.040: Deals with the authority to
maintain and operate facilities Updates the language
used to describe places the department can operate
juvenile facilities to reflect the diversity of
Alaskan communities and entities, such as the need for
airports that operate "temporary secure juvenile
holding areas."
REPRESENTATIVE SADDLER asked if this was an appropriate place to
insert a provision for the unorthodox restraining techniques
which were occasionally used.
MR. DAVIDSON asked about the unauthorized restraint techniques.
He said that he was not aware that this was an issue in statute.
He offered his belief that the addition of this definition
served to define these areas as having a duty to provide sight
and sound separation and move them on in six hours or less.
REPRESENTATIVE SADDLER said that, as this was the vehicle for a
lot of changes, he would ask the people in the Department of
Public Safety.
REPRESENTATIVE EASTMAN referred to Section 26, page 15, and
asked if there was now anything in the provision to limit the
type of information available to a parent or guardian.
MR. DAVIDSON stated that the disclosure statutes were very
robust and included someone with a legitimate interest in
receiving the information. He said that this section amended a
bill passed in 2012, as it was an "alignment issue" for "alleged
to have" to now become "adjudicated delinquent."
3:53:18 PM
MS. JESSEN paraphrased from the sectional analysis Section 33,
Section 34, Section 35, Section 36, and Section 37, which read:
Section 33 AS 47.14.050(a): Deals with the operation
of homes and facilities Repealed and reenacted to
update the language used to describe juvenile
facilities
Section 34 AS 47.14.050(b): Deals with the operation
of homes and facilities Updates language to reflect
the diversity of Alaska communities that may be
authorized to operate juvenile detention facilities
Section 35 AS 47.14.990(7): Social Services and
Institutions Definitions Updates the definition of
juvenile detention facilities
Section 36 AS 47.14.990(14): Deals with Social
Services Institutions and Definitions Updates the
definition of minor
Section 37 AS 47.14.990: Deals with Social Services
Institutions and Definitions Adds new definitions for
juvenile probation officer, juvenile treatment
facility, and temporary secure juvenile holding area
3:54:14 PM
REPRESENTATIVE EASTMAN directed attention to Section 34 of the
proposed bill [page 18, line 2], and asked if this prohibited
the department from entering into a contract with a tribal
organization.
MR. DAVIDSON explained that the intent was to update the term
"cities," which was not inclusive of the types of communities in
Alaska that may want to seek a contract with the department.
REPRESENTATIVE EASTMAN asked if the department was opposed to
adding language to permit tribal organizations alongside
municipalities.
MR. DAVIDSON directed attention to page 17, line 21 of the
proposed bill, and explained that the intention was to include
the range of organizations.
REPRESENTATIVE EASTMAN asked if the language limited this.
MR. DAVIDSON replied that it would be an unintended limitation.
REPRESENTATIVE SADDLER said that many non-profits associated
with Native Corporations had contracted to provide VPSO
services, although he was unsure if these would qualify. He
stated that he did not know if a tribe would be considered a
non-profit and asked if it would be appropriate to expand this
section to include tribal authorities.
3:57:21 PM
REPRESENTATIVE KITO pointed out that the regional non-profit
corporations were distinct entities and were not affiliated with
the regional for-profit corporations, even though they may share
some regional boundaries.
REPRESENTATIVE SADDLER asked whether the tribal entities
operated under non-profit corporation status.
REPRESENTATIVE KITO stated that there were tribes which were
established as non-profit organizations, although he was unsure
whether this was universal.
3:58:04 PM
MS. JESSEN paraphrased from the sectional analysis Section 38
and Section 39, which read:
Section 38 AS 47.14.020(a): Deals with mandatory
reporting of child abuse and neglect Adds juvenile
probation officer, office staff, and staff of juvenile
facilities to the list of mandatory reporters
Section 39 AS 47.28.15.176: Repealers Repeals
revocation of juvenile driver licenses for offenses
involving a controlled substance that were handled
informally by the division. Repeals definitions for
the terms "juvenile detention home" and "juvenile work
camp" and "treatment facility"
REPRESENTATIVE SADDLER directed attention to Section 38 and
asked if the practical impact of the change to the mandatory
reporter status might mean to juvenile correctional facilities.
MR. DAVIDSON replied that this impact had been considered, and,
by policy, the staff were mandatory reporters. They did receive
admissions about abuse and neglect from the youth and they did
make those reports. This change would recognize the duties and
important role played by the staff.
REPRESENTATIVE SADDLER asked if it was good policy for every
person speaking with the juveniles to be a mandatory reporter.
MR. DAVIDSON replied that facility staff and probation officers
often had strong relationships with the youth, built upon trust
and sharing. He said that the youth in the treatment facilities
were required to assess their criminal offenses and the factors
leading up to these offenses. He stated that, although these
assessments could include abuse and neglect, every time they
were brought up did not necessitate a new report. He allowed
that with those youth "further deeper in the system" who "have
been adjudicated delinquent and are working through their
process," there was a different relationship and these
admissions and discussions were much more confidential.
4:01:43 PM
REPRESENTATIVE EASTMAN asked whether, as some youth were
notorious for making false reports, this provision which removed
the staff discretion necessitated the reporting as legitimate.
MS. JESSEN said that, as many of the juvenile probation officers
had professional certifications which carried an ethical
requirement to report these types of infractions, the real
amount of discretion was very limited. She pointed out that
every report would go through an investigation process and there
was not an automatic condemnation of the person receiving the
allegation.
REPRESENTATIVE EASTMAN pointed out that there was a consequence
for having to go through an investigation, and sometimes
multiple investigations.
MS. JESSEN, in response to Representative Eastman, declared that
all staff as mandated reporters would be obligated to report
every allegation.
MR. DAVIDSON pointed out that the staff, by policy, were
mandatory reporters, although the relationships with youth
allowed for modulation of those known to be multiple reporters.
He pointed out that once something was reported, they did not
keep reporting it. He reported that the Office of Children's
Services was the arbitrator of the investigations. He
reiterated that the proposed bill did not change the discretion
currently allowed by staff.
4:05:34 PM
REPRESENTATIVE TARR pointed out that, although there were more
than 15,000 reports of harm each year, only a few thousand were
screened in for an actual investigation, others were screened
out, and false reporting takes place.
4:06:00 PM
REPRESENTATIVE SADDLER asked if there was an obligation for a
mandatory reporter to report suspected child abuse inflicted by
the minor in custody.
MR. DAVIDSON said "yes."
4:05:57 PM
REPRESENTATIVE SADDLER directed attention to page 19, line 9 of
the proposed bill, and asked whether someone was no longer a
mandatory reporter if they volunteered for less than four hours
each week.
REPRESENTATIVE TARR explained that this was the minimum to be a
mandatory reporter.
REPRESENTATIVE SADDLER mused that this did not apply to juvenile
corrections or treatment.
4:07:27 PM
MS. JESSEN paraphrased from the sectional analysis Section 40,
Section 41, and Section 42, which read:
Section 40 AS 11.41.425(b)(1) Applicability section
Applies to sections of the bill related to criminal
offenses
Section 41 Authorizes the department to adopt
regulations to implement the changes of the
legislation
Section 42 Effective date for regulations.
Immediately, allows DJJ to begin making changes
4:07:49 PM
REPRESENTATIVE TARR referenced the questions on the proposed
bill for follow up, which included a question about the
temporary, secure juvenile holding area, the inclusion of tribal
entities, and some additional questions regarding Section 34 of
the proposed bill.
MS. JESSEN acknowledged these questions and stated that she
would have the answers as soon as the next committee meeting.
REPRESENTATIVE SADDLER asked Ms. Jessen if there was anything
else that should be addressed.
MS. JESSEN offered her belief that the regulations should be
regularly reviewed and updated with the current best practices.
MR. DAVIDSON added that, as bills which addressed juvenile
justice and delinquency were rare, this was an opportunity to
fix several "tweaks" which had been pending for many years.
4:10:00 PM
REPRESENTATIVE TARR said that HB 351 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB0290-1-2-011918-DHS-N.pdf |
HHSS 3/6/2018 3:00:00 PM |
HB 290 |
| HB290 Fiscal Note DHSS--DSS 2.28.2018.pdf |
HHSS 3/1/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 290 |
| HB 290 Sectional Analysis Ver A 01 22 18.pdf |
HHSS 3/1/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 290 |
| HB 290 Transmittal Letter 01 22 18.pdf |
HHSS 3/1/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 290 |
| HB 290 Supporting document - AK Crim Just Comm 2016 Report.pdf |
HHSS 3/1/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 290 |
| HB 290 Supporting document - AK Crim Just Comm 2-2018 Recommendation.pdf |
HHSS 3/6/2018 3:00:00 PM |
HB 290 |
| HB290 draft proposed amendment A.2 3.5.2018.pdf |
HHSS 3/6/2018 3:00:00 PM |
HB 290 |
| HB290 Fiscal Note JUD--AJC 3.5.2018.pdf |
HHSS 3/6/2018 3:00:00 PM |
HB 290 |
| HB 351 Draft Proposed Amendment R.1 3.5.2018.pdf |
HHSS 3/6/2018 3:00:00 PM HHSS 3/8/2018 3:00:00 PM |
HB 351 |
| HB351 Sectional Analysis 3.5.2018.pdf |
HHSS 3/6/2018 3:00:00 PM HHSS 3/8/2018 3:00:00 PM |
HB 351 |
| HB351 Fiscal Note DHS--DJJ 3.5.2018.pdf |
HHSS 3/6/2018 3:00:00 PM HHSS 3/8/2018 3:00:00 PM |
HB 351 |
| HB351 Sponsor Statement 3.5.2018.pdf |
HHSS 3/6/2018 3:00:00 PM HHSS 3/8/2018 3:00:00 PM |
HB 351 |
| SSHB268 Sectional Analysis ver O 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Sponsor Statement 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-AK DHSS Opioid Addiction and Treatment Factsheet 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-AK DHSS Opioid Infographic 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-AK DHSS Heroin Use Infographic 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-AK DHSS Pain Treatment Handout 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-AMA Study 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-Article ADN AK Gov. Opioid Declaration 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-Article ADN AK Heroin Problem 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-Article Huffington Post 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-Article New Yorker 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-Article NIDA 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-Article The Star Press Opioids and Foster Care Indiana 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-Article VOX 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-CDC Checklist for Opioid Prescribers 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-New Jersey Legislature Relevant Opioid Statutes Doc 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-Report CDC Long Term Opioid Use 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document-STUFF Online Article on Alternative Pain Treatment in NZ 1.24.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB 268 Fiscal Note DCCED-CBPL 01.29.18.pdf |
HHSS 1/30/2018 3:00:00 PM HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Draft Proposed Blank CS ver R 2.14.18.pdf |
HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Explanation of Changes (O-R).pdf |
HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document--Anne Zink Support Letter 2.21.18.pdf |
HHSS 2/22/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document--Memos from Leg Legal 2.21.18.pdf |
HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| SSHB268 Supporting Document--Support Letters 2.14.18.pdf |
HHSS 2/22/2018 3:00:00 PM HHSS 2/27/2018 3:00:00 PM HHSS 3/6/2018 3:00:00 PM |
HB 268 |
| HB351 Supporting Document -- Letter from DJJ.pdf |
HHSS 3/6/2018 3:00:00 PM HHSS 3/8/2018 3:00:00 PM |
HB 351 |