Legislature(2017 - 2018)GRUENBERG 120
04/06/2018 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB351 | |
| HJR38 | |
| HB75 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 351 | TELECONFERENCED | |
| + | HJR 38 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 75 | TELECONFERENCED | |
HB 351-JUVENILES: JUSTICE,FACILITES,TREATMENT
1:01:04 PM
CHAIR CLAMAN 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."
[Before the committee was proposed committee substitute (CS),
Version 30-LS0304\R, Martin, 3/26/18, adopted by the committee
during the 3/26/18, 7:00 p.m. meeting.]
1:01:39 PM
JUDY JESSEN, Staff, Representative Ivy Spohnholz, Alaska State
Legislature, paraphrased the sponsor statement as follows
[original punctuation provided]:
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.
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.
1:04:27 PM
MS. JESSEN paraphrased the sectional analysis as follows
[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.
1:05:36 PM
Section 4. AS 11.41.427(b)(2): Deals with sexual
assault in the 4th degree. Updates definition of
juvenile probation officer.
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.
1:07:15 PM
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.
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.
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.
1:09:14 PM
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.
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.
Section 24. AS 47.12.270: Deals with juvenile
probation officers. Updates the title and duties of
juvenile probation officers.
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).
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.
1:11:01 PM
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.
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."
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.
1:12:26 PM
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.
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.
1:13:48 PM
REPRESENTATIVE KOPP noted that he had had the opportunity to go
through the bill with its sponsor, a number of his questions
were answered at that time and he will study the bill further.
REPRESENTATIVE REINBOLD offered her appreciation to the bill
sponsor for meeting with her and answering her questions.
1:14:31 PM
CHAIR CLAMAN opened public testimony on HB 351. After
ascertaining no one wished to testify, closed public testimony
on HB 351.
[HB 351 was held over.]