Legislature(2021 - 2022)BUTROVICH 205
04/27/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB117 | |
| SB91 | |
| SB92 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SJR 12 | TELECONFERENCED | |
| *+ | SB 117 | TELECONFERENCED | |
| + | SB 92 | TELECONFERENCED | |
| + | SB 91 | TELECONFERENCED | |
SB 91-DETENTION OF MINORS
4:08:29 PM
CHAIR SHOWER 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."
[CSSB 91(HSS), work order 32-GS1576\I, was before the
committee.]
He listed the individuals who were invited to testify.
4:09:03 PM
TRACY DOMPELING, Director, Division of Juvenile Justice,
Department of Health and Social Services (DHSS), Juneau, Alaska,
stated that SB 91 will bring Alaska into compliance with the
recent changes to the Juvenile Justice and Delinquency
Prevention Act (JJDPA), which was enacted in 1974 and
reauthorized in 2018. She related that the JJDPA is the primary
federal legislation that guides juvenile justice practices and
lack of compliance will result in penalties on the division's
major federal grant.
4:09:52 PM
MS. DOMPELING said SB 91 makes two statutory changes. First, it
requires minors who have been waived into the adult criminal
justice system be held in juvenile facilities until age 18. The
bill also expands the court findings necessary for non-
delinquent minors to be held temporarily in a secure juvenile
facility. She said the bill intentionally has no effect on the
crimes or sentences of minors who are subject to waiver into the
adult justice system, nor will the bill have any net fiscal
impact. The Department of Corrections and the Department of
Health and Social Services will be required to develop an
agreement about holding minors in DOC custody in Juvenile
facilities. She highlighted that data that DOC provided today
identified six youth under age 18 who are currently held in DOC
facilities.
MS. DOMPELING advised that the second change deals with the
limited circumstances when non-delinquent minors may be held
temporarily in secure Juvenile facilities pending another
placement. These rare situations generally involve minors in the
custody of the Office of Children's Services (OCS) who have run
away from placement and put themselves in a dangerous situation.
In this circumstance, OCS seeks a court finding under AS
47.10.141 that allows the short holding pending placement in
another nonsecure setting. She said the new federal JJDPA
expands the court findings necessary before these minors may be
detained and it further limits the time they may be held in
secure holding. She advised that during the last three fiscal
years, three juveniles have been held in this manner each year.
She said the division has received positive feedback from the
Court System and other stakeholders.
SENATOR KAWASAKI asked if a minor who turns 18 while in a DJJ
facility would remain in the facility or move into an adult
facility.
MS. DOMPELING replied, this bill specifically applies to youth
charged under the auto waiver statute who would move at age 18.
CHAIR SHOWER found no further questions and asked Mr. Davidson
to present the sectional analysis.
4:14:03 PM
MATT DAVIDSON, Social Services Program Officer, Division of
Juvenile Justice, Department of Health & Social Services,
Juneau, Alaska, paraphrased the following sectional analysis for
SB 91 [original punctuation provided].
Section 1: Amends AS 33.30.011(a) Duties of
commissioner to expand the duties of the Commissioner
of the Department of Corrections to enter into
agreements with the Department of Health and Social
Services for the detention and care of minors who are
waived into the adult criminal justice system.
Section 2: Amends AS 47.10.141(c) Runaway and missing
minors to reference a new subsection that adds new
requirements for court findings related to holding
non-delinquent minors in secure juvenile facilities.
Section 3: Amends AS 47.10.141 Runaway and missing
minors to add a new subsection to include expanded
requirements for court findings before a non-
delinquent minor can be held in a secure juvenile
facility.
Section 4: Amends AS 47.12.020 Jurisdiction to add a
new subsection related to the jurisdiction of the
Division of Juvenile Justice to detain and care for
minors under Department of Corrections custody.
Section 5: Amends AS 47.12.022 Applicability;
inclusion of certain persons as minors to make
conforming amendments to include minors subject to the
adult court processes in the definition of "minor" in
delinquency statute.
Section 6: Amends AS 47.12.030(a) Provisions
inapplicable to add a reference to the "autowaiver"
statute, the new practice of holding minors subject to
adult court proceedings in secure juvenile facilities
under AS 47.12.105. The section also includes the term
"transported" to the adult processes that apply to
waived minors to reflect current practices.
Section 7: Amends AS 47.12.100(a) Waiver of
jurisdiction to add a reference to "discretionary
waiver" statute the new practice of the holding of
minor offenders who are subject to adult court in
secure juvenile facilities under AS 47.12.105. The
section also includes the list of adult court
practices that apply to these offenders.
Section 8: Adds a new section Minor offenders subject
to adult court to describe the new requirements for
holding minor who are waived into adult court in
Division of Juvenile Justice facilities until age 18.
This section also describes the limited circumstances
and court process and findings that may allow for
minors to be held in adult facilities.
4:18:16 PM
MR. DAVIDSON advised that the last committee added a
provision to Section 8 that authorizes the Public Defender
Agency to represent minors the department wants to move to
adult facilities.
Section 9: Amends AS 47.12.150(a) Legal custody,
guardianship, and residual parental rights and
responsibilities to make conforming changes to clarify
that minors in the custody of the Department of
Corrections detained in Division of Juvenile Justice
facilities are subject to the same residual parental
rights as other minor offenders.
Section 10: Amends AS 47.12.160(e) Retention of
jurisdiction over minor to make conforming changes to
the dual sentencing provisions.
Section 11: Amends AS 47.12.240(a) Detention of minors
to make conforming changes.
MR. DAVIDSON noted that the last committee added what is
now Sections 10-15 to clarify that minors who are waived
into the adult criminal court process need to be
transported in the same manner as delinquent minors.
Section 12: Amends AS 47.12.240(c) Detention of minors
to clarify that a waived minor may be held temporarily
in an adult correctional facility during transport to
a juvenile facility under the same standards and
timelines that apply to a delinquent minor.
Section 13: Amends AS 47.12.240(d) Detention of minors
to change the statutory reference from AS
47.12.240(c)(1) to AS 47.12.240(c).
Section 14: Amends AS 47.12.240(e) Detention of minors
to change two statutory references from AS
47.12.240(c)(1) to AS 47.12.240(c).
Section 15: Amends AS 47.12.240 Detention of minors to
change the statutory reference from AS
47.12.240(c)(1)(B) to AS 47.12.240(c)(2).
Section 16: Amends AS 47.12.250(a) Temporary detention
and detention hearing to make conforming changes.
Section 17: Amends AS 47.12.250 Temporary detention
and detention hearing, adding a new section that
clarifies that waived minors must be transported to a
juvenile facility by law enforcement and may only be
held temporarily in an adult facility during the
transport under the conditions of AS 47.12.240(c).
Section 18: Amends AS 47.12.310(b) Agency Records to
specifically allow information sharing between the
Division of Juvenile Justice and the Department of
Corrections about former juvenile offenders and minors
in DOC custody held in secure juvenile facilities
until age 18. Section 19: Applicability clause applies
to minors in Department of Corrections custody on or
after the effective date.
Section 19: Effective Date Clause. This Act takes
effect on July 1, 2021.
4:20:58 PM
SENATOR COSTELLO referenced the second sentence in the new
subsection (f) of Section 17 that says a minor may be
temporarily held in an adult facility under certain conditions.
She asked for the meaning of "temporarily held" and whether the
minors would be separated by sight and sound from adult
prisoners.
MR. DAVIDSON explained that current federal law allows
delinquent minors to be held in adult facilities with sight and
sound separation from adult offenders for six hours pending
transport to a juvenile facility. There are rural and weather
exceptions. SB 91 extends those protections to waived minors.
4:23:54 PM
SENATOR COSTELLO asked what kind of information is shared and
with whom, and if this applies to minors waived into the adult
system.
MR. DAVIDSON answered that the expectation is that DJJ will
provide care to waived minors in juvenile facilities until age
18 at which time they will be transferred to the Department of
Corrections (DOC). DJJ wants the statutory authority to share
with DOC all the health information and services that has been
provided to the waived minor because the existing delinquency
statute does not cover this new class of DJJ clients, waived
minors.
CHAIR COSTELLO asked if he was aware of any other states that
have more restrictive time limitation, say four hours, for
minors temporarily held in an adult facility.
MR. DAVIDSON answered no. When the law passed initially the
State of Alaska requested more time because of rural and weather
conditions, but the expectation for both delinquent minors and
now waived minors is that they are moved immediately to a
juvenile facility. Law enforcement tries to do this because
minors are difficult to accommodate in adult facilities.
4:27:44 PM
CHAIR SHOWER opened public testimony on SB 91; finding none, he
closed public testimony and advised the public to submit written
testimony at [email protected].
4:28:24 PM
CHAIR SHOWER held SB 91 in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 117 Bill v.A.A |
SSTA 4/27/2021 3:30:00 PM |
SB 117 |
| SB 117 fiscal note.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 117 |
| SB 117 Sectional Analysis 3.31.2021.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 117 |
| SB 117 Sponsor Statement.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 117 |
| SB 91 Version 32 GS1576 I.PDF |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Transmittal Letter.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Summary of Changes- 32 GS1576 I .pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Sectional Analysis Version 32 GS1576 I .pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Fiscal Note DPS.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Fiscal Note DHS.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 91 Fiscal Note COR.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 91 |
| SB 92 Sectional Analysis v. A 04.07.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 Sponsor Statement 04.07.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 HSS Fiscal Note 04.07.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 DPS Presentation 04.27.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 DPS Fiscal Note 04.07.21.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 92 Additional Statistics.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |
| SB 31 - Sectional Analysis.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 31 |
| SB 31 - Sponsor Statement.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 31 |
| SB 31 Bill v.A.A |
SSTA 4/27/2021 3:30:00 PM |
SB 31 |
| SB 92 DPS Presentation REVISED.pdf |
SSTA 4/27/2021 3:30:00 PM |
SB 92 |