Legislature(2021 - 2022)BUTROVICH 205
04/06/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB91 | |
| SB92 | |
| SB80 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 80 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 91 | TELECONFERENCED | |
| += | SB 92 | TELECONFERENCED | |
SB 91-DETENTION OF MINORS
1:41:35 PM
CHAIR WILSON announced the consideration of SENATE BILL NO. 91
"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."
He requested a motion to adopt the work draft committee
substitute (CS).
1:41:45 PM
SENATOR BEGICH moved to adopt the work draft committee
substitute(CS) for SB 91, work order 32-GS1576\I, as the working
document.
1:41:58 PM
CHAIR WILSON objected for purposes of discussion.
1:42:05 PM
At ease
1:42:45 PM
CHAIR WILSON reconvened the meeting and called on Matt Davidson
to explain the changes in the committee substitute.
1:43:18 PM
MATT DAVIDSON, Social Services Program Officer, Division of
Juvenile Justice, Department of Health and Social Services
(DHSS), Juneau, Alaska, presented the changes in the CS for SB
91 as making the bill more precise. A summary of changes to the
bill were provided to the committee. The main components changed
in the bill start in Section 8.
Section 8 allows the division to hold waived minors in juvenile
justice facilities until they reach eighteen years of age. It
only deals with waived minors. The processes, which describe the
transfer of eighteen-year-olds to the Department of Corrections
(DOC), only apply to waived minors. The processes do not apply
to delinquent minors who are already a part of the Division of
Juvenile Justice (DJJ) system. Delinquent minors can be kept at
DJJ facilities longer than age eighteen. The CS created a new
definition for waived minors. This definition is just for the
delinquency statute in Section 8.
He stated the CS clarifies the expectation that waived minors be
held in DJJ facilities until age eighteen and provides
provisions for when they might be held in adult correctional
facilities. There are only six DJJ detention facilities in the
state. When first arrested, delinquent and waived minors may be
temporarily held in an adult facility pending law enforcement
transport to a DJJ facility.
Waived minors can be held temporarily in an adult lock up, or
court holding facility, while they are attending their court
proceedings. Coinciding with current practice, part B of Section
8 clarifies that waived minors do not have to be sight and sound
separated in an adult court lock up if they are held for less
than four hours.
Minors can be held in an adult facility if the department
requests the court consider an exception. Considered exceptions
include:
• An extended trail for a waived minor in a community
without a juvenile justice facility. This is to
avoid transferring a minor multiple times to attend
trail. This provides the option for a court to allow
a minor to be held in an adult facility pending
trail. If convicted and the minor is under eighteen,
transport will be to a juvenile facility.
• A minor is unsuitable for a DJJ facility, is close
to turning eighteen and would be moved to an adult
facility within a month or two.
• A minor is extremely difficult to handle and is a
danger to the facility, staff and other juveniles.
1:47:55 PM
He stated the Public Defender Agency requested Section 8 include
language allowing public defenders to participate in Section 8
parts C and D. These parts concern process, need and court
considerations when an exception for an adult facility is
requested.
Another major change in the CS addresses how minors are held
pending transport to a juvenile facility. Section 12 emphasizes
waived minors are to be transported to juvenile facilities in
the same manner as delinquent minors.
He stated that by federal law delinquent minors can be held
temporarily in adult facilities pending transport. The rural
extension provision allows minors traveling from remote areas to
be held longer. Section 17 specifies that law enforcement will
transport minors to a juvenile facility or in some cases
temporarily to an adult facility.
The final major change was the removal of Section 14. DJJ has
strict confidentiality standards for minors. Allowing DOC and
the adult court system to provide a waived minor's confidential
information, unintentionally extended juvenile justice
restrictions to these agencies. Guidance on handling juvenile
confidentiality rules was instead placed in the bill.
1:51:42 PM
SENATOR BEGICH commented that the rural extension provision was
put into law in September 1992. Federal reauthorization was
stopped until language he provided to Senator Stevens was put
into the bill. It benefited many states. Senator Begich asked if
the Juvenile Justice and Delinquency Prevent Act is being put at
risk.
MR. DAVIDSON answered no. The point of the bill is to comply
with federal law.
SENATOR BEGICH questioned whether a waived juvenile must ask for
adult legal representation or if it is it done by the court.
MR. DAVIDSON deferred to Ms. Dompeling.
1:53:24 PM
TRACY DOMPELING Director, Division of Juvenile Justice,
Fairbanks, Alaska, testified by invitation on SB 91. She offered
her belief that a minor tried as an adult is representation by
the Public Defender Agency, if court requirements are met. The
court would appoint the public defender, if appropriate.
1:54:03 PM
CHAIR WILSON removed his objection. Finding no further
objection, he announced version I was adopted
He asked for SB 91 amendments. Finding none he asked for the
will of the committee.
1:54:31 PM
SENATOR BEGICH moved to report the proposed committee (CS) for
SB 91, work order 32-GS1576\I, from committee with individual
recommendations and attached fiscal note(s).
CHAIR WILSON found no objection and CSSB 91(HSS) was reported
from the Senate Health and Social Services Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 80 - CSSB 80 (EDC).pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| SB 80 version B.PDF |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| SB 80 Sponsor Statment.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| SB 80 Sectional Analysis.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| SB 80 Fiscal Note 1 DHSS.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| SB 80 Fiscal Note 2 DEED.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| SB 80 Written Testimonies.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| SB 80 Supporting Documents.pdf |
SFIN 2/8/2022 1:00:00 PM SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| SB 80 Cotter Letter of Opposition Redacted.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |
| CS for SB 91 workdraft v I.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 91 |
| SB 91 Summary of Changes- 32 GS1576 I.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 91 |
| SB91 Detention of Minors- Scenarios (3-31-21).pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 91 |
| SB 80 - Mental Health Ed Hollloway testimony to Senate EDC Committee 3.10.21.pdf |
SHSS 4/6/2021 1:30:00 PM |
SB 80 |