Legislature(2021 - 2022)BUTROVICH 205
03/25/2021 01:30 PM Senate HEALTH & SOCIAL SERVICES
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| Audio | Topic |
|---|---|
| Start | |
| SB26 | |
| SB99 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 26 | TELECONFERENCED | |
| *+ | SB 99 | TELECONFERENCED | |
SB 99-JUVENILES: JUSTICE,FACILITES,TREATMENT
2:36:28 PM
CHAIR WILSON reconvened the meeting and announced the
consideration of SENATE BILL NO. 99 "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." He stated his intent to hear an overview of
the bill, have a sectional analysis, and take public testimony.
He asked the bill sponsor Senator Begich to explain the bill. He
thanked Senator Begich for carrying this legislation. The
chair's office had carried the bill for four years. It is a much
needed update.
2:37:31 PM
SENATOR BEGICH said that he is a proud former employee of the
Department of Juvenile Justice (DJJ), so he is pleased to have
an opportunity to present the bill that the chair had carried so
well over the last few years. SB 99 is relatively
noncontroversial, but it is an important bill because it makes
clarifying changes to criminal justice and health and social
services statutes to correct a number of outdated, incomplete,
or inaccurate references to juvenile justice staff and
facilities. In particular there is one issue from the 2013 where
an employee of the DJJ abused someone in the employee's care.
Because the employee did not have an authority designation, the
employee was eventually acquitted of the crime. This bill will
correct that egregious violation of those in custody. To go to
the definitions portion of the bill, current statute uses the
terms juvenile detention homes and juvenile work camps. The
state no longer uses those definitions or descriptions. They are
not in federal or local law. Those terms are outdated and
inaccurate and not reflective of the facilities under DJJ's
jurisdiction. The bill, as he said, corrects the court finding
around DJJ staff and their position of authority. It adds
juvenile probation officers and staff at juvenile facilities to
the list of mandatory reporters for child abuse and neglect. It
also provides legislators with clear references when developing
legislation that affect the juvenile justice system. Bills have
had drafting errors because of unclear references, such as a
statute about minors consuming alcohol, which DJJ has not
enforced in years.
SENATOR BEGICH said the bill cleans up the law to reflect the
reality of what DJJ does today. The bill was one of the
casualties of COVID because COVID shortened the session last
year. It had passed the House 35-0. He thanked the chair for
cosponsoring the bill.
2:40:54 PM
LOKI TOBIN, Staff, Senator Tom Begich, Alaska State Legislature,
Juneau, Alaska, presented the sectional analysis for SB 99:
Section 1. Amends AS 09.65.255 Liability for acts of
minors to the list of facilities not held liable for
acts of an unemancipated minor in their custody and
conforms language.
Section 2 through Section 4. Conforms language used in
AS 11.41.425 and AS 11.41.427.
Section 5. Amends AS 11.41.470 Definitions by
including employees of juvenile treatment institutions
and juvenile and adult probation officers in the
definition of legal guardians.
Section 6. Amends AS 11.41.470 Definitions by adding
correctional employees, juvenile facility staff,
treatment institution staff, juvenile probation
officer, and adult probation officers to the list of
persons able to exercise custodial control over a
minor.
2:42:26 PM
Section 7. Inserts new definition subsections under AS
11.41.470 Definitions.
Section 9 through Section 12. Conforms language used
in AS 14.07.020, AS 14.30.186, AS 17.37.070, and AS
18.20.449.
Section 13. Conforms language used in AS 47.10.141
Runaway and missing minors.
Section 14. Inserts a new subjection under AS
47.10.141 Runaway and missing minors to define
"temporary secure juvenile holding area," and conforms
definition under AS 47.12.990 Definitions.
Section 15. Conforms language used in AS 47.10.990
Definitions.
Section 16. Conforms language used in AS 47.12.025
Special provisions for certain persons considered to
be minors.
Section 17. Amends AS 47.12.030 Provisions
inapplicable by inserting AS 04.16.050 Possession,
control, or consumption by persons under 21 years of
age to the list of legal proceedings that result from
a violation which a legal guardian of an accused minor
must be present for.
Section 18. Amends AS 47.12.040 Investigation and
petition by clarifying the Division of Juvenile
Justice (the division) may file amended or
supplemental petitions, and that the courts may
authorize an amended or supplemental petition if
additional facts are determined.
Section 19. Clarifies type of detention facility
described in AS 47.12.120 Judgements and orders and
inserts, "secure residential psychiatric treatment
center," to places a minor in custody of the division
may be placed.
2:43:50 PM
Section 20. Includes "juvenile treatment facility,
juvenile detention facility, secure residential
psychiatric treatment center" in AS 47.12.140 Court
disposition order as locations a minor in custody of
the division may be placed.
Section 21. Amends AS 47.12.150 Legal custody,
guardianship, and residual parental rights and
responsibilities by inserting AS 47.12.240 Detention
of minors to the list of statutes that apply when
legal custody of a minor must be established.
Section 22. Conforms language used in AS 47.12.240
Detention of minors and clarifies locations exempted
under this section.
Section 23. Updates locations used in AS 47.12.240
Detention of minors.
Section 24. Clarifies the type of probation officer in
AS 47.12.245 Arrest and clarifies language used in
"conditions of conduct."
Section 25. Clarifies language in AS 47.12.250
Temporary detention and detention hearing and inserts,
"temporary secure juvenile holding area," as a
location a minor in custody of the division may be
detained.
Section 26. Repeals AS 47.12.270 Youth counselors and
reenacts statute using conforming language.
Section 27. Amends AS 47.12.310 Agency records by
referencing AS 47.12.120 Judgement and orders to
ensure proper notification is given to a victim.
Section 28. Amends AS 47.12.315 Public disclosure of
information in department records relating to certain
minors by clarifying which type of offense the
division may disclose to the public or by request.
Section 29. Clarifies the definition of a "juvenile
detention facility" used in AS 47.12.315 Public
disclosure of information in department records
relating to certain minors.
Section 30. Clarifies the definition of minor used in
AS 47.12.990 Definitions.
Section 31. Inserts new definitions under AS 47.12.990
Definitions for "juvenile probation officer,"
"juvenile treatment facility," "residential childcare
facility," and "temporary secure juvenile holding
area.
2:45:56 PM
Section 32. Conforms language used in AS 47.14.010
General powers of department over juvenile
institutions.
Section 33. Conforms language used in 47.14.020 Duties
of department.
Section 34. Conforms language used in AS 47.14.040
Authority to maintain and operate home, work camp, or
facility and inserts, "temporary secure juvenile
holding area, juvenile detention facility, or juvenile
treatment facility," to the locations permitted to be
operated by a municipality or nonprofit.
Section 35. Repeals and reenacts AS 47.14.050
Operation of homes and facilities to clarify which
facilities the Department of Health and Social
Services (the department) may adopt standards and
regulations for.
Section 36. Conforms language used in AS 47.14.050
Operation of homes and facilities.
Section 37 through Section 38. Conforms language used
in AS 47.14.990 Definitions.
Section 39. Inserts new definition subsections under
AS 47.14.990 Definitions.
Section 40. Amends AS 47.14.020 Duties of department
to include juvenile probation officers, juvenile
probation office staff, and staff of juvenile
detention and treatment facilities as required to
report evidence of child abuse or neglect.
Section 41. Repeals outdated definitions for "juvenile
detention home," "juvenile work camp," and "treatment
facility" used in AS 47.12.990 and AS 47.14.990.
Repeals revocation of juvenile driver licenses for
offenses involving a controlled substance that was
handled informally by the division used in AS
28.15.176. Repeals revocation of driver license for
offenses that were unrelated to driving and handled
informally by the division used in AS 47.12.060.
Section 42. Establishes applicability language for
offenses committed on or after effective date for
Section 2 through Section 8 and 17 of this Act.
Section 43. Adds transition language authorizing the
department to adopt regulations to implement the
changes made under this legislation.
Section 44. Establishes an immediate effective date
SENATOR BEGICH said the repeal under Section 41 does not take
away the ability of the court to revoke a minor's driver's
license. A change to statute in 2016 removed a rarely used
defense called habitual minor consuming alcohol. DJJ never used
one of the actions. Mr. Davidson can speak to how it clears up
an error made in SB 165.
2:48:15 PM
SENATOR HUGHES said the committee received a letter from Louis
[Imbriani]. She asked if it was an automatic revocation and then
juveniles could go through treatment but now it is being
repealed.
SENATOR BEGICH said he is very familiar with both programs.
Neither of these programs go away. The Volunteers of America
program and [Juvenile] ASAP (Alcohol Safety Action Program) have
been operating through the district court. They do not use the
DJJ in that regard. The program has already been shifted to the
district court. It doesn't go away. The options that Mr.
Imbriani identified will continue to be used as an alternative
to detention or for treatment options. This was a drafting error
in a bill from 2016. It is a mess in the law. DJJ could give a
more formal response.
SENATOR HUGHES said that it is not changing way the way it is
currently handled. She clarified, and Senator Begich affirmed,
that young people will still go through treatment.
CHAIR WILSON asked Matt Davidson to comment.
2:50:15 PM
MATT DAVIDSON, Social Services Program Officer, Division of
Juvenile Justice, Department of Health and Social Services
(DHSS), Juneau, Alaska, said that Senator Begich's description
is correct. Related to alcohol, the division has never had much
of a role for minors consuming. It has been handled by district
court. There was a crime called habitual minor consuming. When
that crime was in effect, DJJ did repeal driver's licenses.
Nancy Meade from the court is online because of this question
about how driver's licenses are revoked. This bill has no impact
on the courts or the Division of Motor Vehicles to repeal
driver's licenses.
SENATOR BEGICH said that he was chair of the Juvenile Justice
Committee during the Hickel administration. The committee moved
to change minors consuming to a district court authority. It was
felt that it was a more appropriate way to deal with juveniles
to keep them out of the justice system and to get them into
treatment.
2:52:22 PM
CHAIR WILSON opened public testimony and after ascertaining
there was none, closed public testimony.
SENATOR BEGICH said that he appreciated Mr. Imbriani. He always
has good suggestions and Senator Begich wanted to thanked him
for his comments. Senator Begich is hopeful the bill will be
passed rapidly. The statutes need to brought into compliance.
2:53:39 PM
CHAIR WILSON said that he would love to have juvenile detention
camps off the books. He held SB 99 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 26 Version B.PDF |
SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 26 Sponsor Statement.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 26 Sectional Analysis.pdf |
SFIN 3/16/2022 1:00:00 PM SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 26 Fiscal Note 1 DHSS DSS.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 26 Fiscal Note 2 DHSS Medicaid Svcs.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 26 - Updated CON Power Point - 3.25.21.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 26 ASHNHA Letter of Opposition.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 26 Heartland Institute Letter of Support.docx.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 26 Letter of Support Marty Kincaid_Redacted.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 26 |
| SB 99 version A.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 99 |
| SB 99 v. A Sponsor Statement 3.18.2021.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 99 |
| SB 99 v. A Sectional Analysis 3.18.2021.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 99 |
| SB 99 Fiscal Note DHSS DJJ.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 99 |
| SB 99 Public Comment Imbriani 3.24.21_Redacted.pdf |
SHSS 3/25/2021 1:30:00 PM |
SB 99 |