Legislature(2009 - 2010)BUTROVICH 205
04/03/2009 01:30 PM Senate HEALTH & SOCIAL SERVICES
| Audio | Topic |
|---|---|
| Start | |
| SB38 | |
| SB156 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 38 | TELECONFERENCED | |
| *+ | SB 156 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 156-COMPACT FOR JUVENILES; INTERSTATE COUNCIL
2:41:27 PM
CHAIR DAVIS announced consideration of SB 156.
TREVOR FULTON, staff to Senator McGuire, sponsor of SB 156,
presented the sponsor statement. He said this bill was
introduced at the request of the Division of Juvenile Justice,
Department of Health and Social Services (DHSS).
He explained that SB 156 puts Alaska on the same page as 36
other states by adopting a new interstate compact on transfer of
juveniles under court supervision across state lines, and that
legislation is pending in at least four other states. The new
compact was developed by the Council of State Governments in
collaboration with the U.S. Office Juvenile Justice and
Delinquency. If it is not adopted, the state could soon face
serious and costly challenges in its ability to monitor
juveniles who come here from other states, including some who
may be dangerous and a liability concern for Alaskan agencies.
In addition, other states will be under no compunction to accept
Alaskan juveniles who seek to visit or reside within their
borders. Not adopting the compact would also likely result in
requiring Alaska to form individual agreements with each state,
which could prove to be time-consuming, expensive and far less
effective.
2:44:34 PM
TONY NEWMAN, Social Services Program Officer, Division of
Juvenile Justice, Department of Health and Social Services
(DHSS), supported SB 156. He said his division is responsible
for overseeing the implementation of the interstate compact for
juveniles in Alaska. Every year the division oversees the
comings and goings of about 160 juveniles to and from Alaska
under court supervision. The existing interstate compact on
juveniles has for several decades helped them do this, but they
agree that an update to the compact is sorely needed. He echoed
what Mr. Fulton said about this being a public safety issue as
well as something needed to protect the welfare of juveniles in
the communities in which they reside.
SENATOR ELLIS asked if this would be considered model
legislation.
MR. NEWMAN replied he thought it would be safe to say that.
SENATOR PASKVAN said on page 24, the commissioner's duty to
notify says it will take effect only if at least 34 other states
ratified this model law, but then the memorandum says that 36
states have already ratified it. So, is language on page 24
meaningless?
MR. NEWMAN answered yes; that threshold has been reached and the
compact is considered in active status around the country.
2:47:51 PM
Section Analysis:
MR. NEWMAN explained that Section 1 adds "and juvenile" to the
State Council for Interstate Offender Supervision. This bill
creates an in-state council to oversee the compact. The
Department of Corrections already has an adult offender compact
and a similar requirement for a state council; so one council
will oversee both operations. Section 2 changes the number of
council members from seven to nine; the two extra positions are
the commissioner of DHSS or designee and the compact
administrator of the juvenile compact.
Section 3 deletes "uniform" and inserts "for" instead of "on".
Section 4 is the body of the new compact itself. Section 5
changes the designator of the compact administrator from the
governor to the commissioner of DHSS Services (DHSS) to reflect
what actually happens now. It also adds a new section, Section
6, which designates the state Council for Interstate Adult and
Juvenile Offender supervision to serve as the same council.
Section 7 adds new section, which allows the DHSS to adopt
regulations to implement the provisions of the chapter. Section
8 is a cleanup for clarity by the drafter. Section 9 states that
the short title of this title may be cited as the Interstate
Compact for Juveniles. Section 10 repeals the existing section -
AS 47.15.050 - because it is already covered in the section
governing the management of juvenile delinquents.
Section 11 changes the uncodified law of the state by adding new
sections changing the name of the compact to the new Interstate
Compact for Juveniles and changes that name in the Rules of
Civil Procedure. Section 12 changes the uncodified law and adds
a new section that applies old compact rules to states that
haven't opted to join the new compacts in the transition period.
Sections 13 adds a new section that the court rule changes take
effect only if approved by two-thirds of the majority of each
house. Section 14 states that the compact takes effect only if
at least 34 other states ratify this compact. Section 15 sets
the effective date as either the day after the date on which the
commissioner of DHSS or designee notifies the revisor of
statutes that at least 34 states have ratified the new compact
or July 1, 2009, whichever is earlier.
2:52:02 PM
MR. NEWMAN pointed out that this new compact means that Alaska
would be expected to support establishment of an independent
national compacting commission to support the compact
activities; that doesn't exist right now. Alaskan representative
would be appointed by the governor and Alaska would agree to be
subject to the rules and requirements of the new compact
developed by the members of the interstate commission. It would
agree to collect and provide data and other information as
requested by the commission, and to pay dues to participate in
the national compact operation. And it would have to create a
State Council for Interstate Juvenile Supervision.
SENATOR PASKVAN advised that there is a zero fiscal note.
2:54:02 PM
CAROL BRENCLE, Chair, Alaska Juvenile Justice Advisory Committee
(AJAC), said she is an attorney in Kenai, Alaska, said they are
an advisory board of Alaskan citizens appointed by the governor
to oversee implementation of the federal Juvenile Justice and
Delinquency Prevention Act within Alaska. They assure compliance
to receive as much federal money as is available and advise the
governor, the legislature and citizens on juvenile justice
matters.
AJAC is proactive; they have discussed the importance of the
Interstate Compact for Juveniles as it affects Alaska and the
kids in the juvenile delinquency system. She said AJAC supported
SB 156 and thinks it is extremely important that it passes
promptly, because uniform laws make it much easier for states to
work together.
She was also concerned that not adopting the compact soon would
cost the state money. A letter from Representative Ramras in
their packets refers to the fact that states that haven't
enacted the new compact by December 2009 will not be able to
transfer juveniles to and from states operating under the new
compact at that time. This means the state would need individual
memorandums of understanding for its kids to be transferred out
of state. It is also extremely important to deal with juveniles
on an immediate basis and not delay proceedings so that a child
can be with a parent who can give him supervision and
protection. Also, as an attorney, she realizes that other states
will be making laws that affect Alaska.
2:59:46 PM
CHAIR DAVIS closed public testimony.
MR. FULTON stated that the House version of this bill did get a
$45,000 fiscal note from the Department of Health and Social
Services (DHSS), but Mr. Newman said he could describe it for
her.
CHAIR DAVIS asked if the House made changes to the bill.
MR. NEWMAN replied no, but he didn't know why it wasn't
transmitted to the committee.
3:01:17 PM
SENATOR PASKVAN moved to report SB 156 from committee with
individual recommendations and attached zero fiscal note(s) with
the understanding that an amended fiscal note would catch up to
it in the Judiciary Committee. There being no objection, the
motion carried.
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