Legislature(2003 - 2004)
03/03/2004 01:38 PM Senate HES
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 340-DETENTION OF MINORS
MS. PATTY WARE, Director of the Division of Juvenile Justice
(DJJ), Department of Health & Social Services (DHSS), testified
that SB 340 modifies the delinquency as well as the alcohol and
mental health statutes. It prohibits the placement of minors in
a jail or secure facility - including a secure justice facility
solely related to protective custody - due to mental illness,
disability, intoxication or incapacitation by alcohol or drugs.
She emphasized that this does not impact the department's
ability to hold juvenile offenders who are accused of a
delinquent or criminal offense in an adult jail or juvenile
facility, but relates to kids being held due to protective
custody concerns related to intoxication or mental illness. She
clarified, "so we will continue to provide accountability and
hold juvenile offenders accountable, and protect the community."
MS. WARE said the bill is a requirement for DHSS/DJJ to be in
compliance with the most recent reauthorization of the federal
Juvenile Justice and Delinquency Prevention Act (JJDPA), which
went into effect on October 1, 2003. As background, she said
the division currently receives approximately $700,000 annually
in a formula grant that is used for an array of services for
juveniles across the state. As a recipient of those funds, the
state is required to be in compliance with core requirements of
that act. She outlined the requirements, beginning with
adherence to deinstitutionalization of status offenders and non-
offenders. For purposes of this legislation, juveniles who are
in a locked facility for protective custody purposes are
considered to be non-offenders because they have not committed a
crime.
MS. WARE continued that there must also be separation of
juveniles from adult offenders in institutions. In those
instances where it is allowable to hold juvenile offenders in
adult jails or lockup [facilities], juveniles must be held
separately - both in sight and sound - from adult offenders.
Also, regarding removing juveniles from adult jails and lockup
facilities, there are certain circumstances where states are
allowed to hold juvenile offenders in adult jails. Given the
geographic challenges in Alaska, this is allowable if the
juvenile is an accused offender. Lastly, reducing over-
representation of minorities in the juvenile justice system;
there are no numerical requirements and the state is currently
in compliance with that particular core mandate.
MS. WARE said Alaska is currently out of compliance with the
numerical requirements of the Act, and has been notified that
the state will lose 40 percent of federal funds related to the
federal grant year for the FFY 2004 grant award. SB 340 allows
for seeking reinstatement of 20 percent of that loss of federal
funding. From the federal policy perspective, in addition to
Alaska's violation rates being too high, Alaska has not shown
that it's in the best interest of kids to not hold juveniles in
a locked setting when they haven't committed a crime. However,
she emphasized that it is in the best interest of kids and said,
"We should not be putting a juvenile in an adult or a juvenile
jail when they have not committed a delinquent offense."
MS. WARE said there are alternatives for young people who are
severely incapacitated. The state has a fairly robust array of
non-secure shelters. These are alternatives provided by non-
profit agencies. Through the federal grant, money is provided
to eight different agencies that in turn provide services to ten
different communities in the state. Those existing non-secure
shelter communities are located in Fairbanks, Juneau, Kenai
(serving Kenai, Seward, and Homer), Kodiak, Ketchikan, Valdez,
Sitka, Barrow, and Wrangell. She said work is being done to
expand the array of non-secure shelters. An agreement has
recently been signed to provide for a non-secure shelter
alternative in the Mat-Su Borough. Also, work is being done to
provide shelter services in: Anchorage, Barrow, Wrangell,
Dillingham, Emmonak, Hooper Bay, and Kotzebue.
MS. WARE said the expansion of non-secure shelters is one
alternative for this population, and communities with high
violation rates are being targeted; it is a resource allocation
decision based on data. She told members that there are many
stakeholders both in the state and the non-profit sector who
have stepped up to the plate. She mentioned the Bethel Youth
Facility as an example. In FY 03, 25 percent of the detention
admissions were Title 47 admissions, involving either protective
custody alcohol or mental health. Because Bethel Youth Facility
has worked closely with the Yukon Kuskokwim Health Corporation
(YKHC), when a Title 47 juvenile is brought in, he/she is
brought to a hospital bed that is managed by YKHC. This
situation is both helpful and a more appropriate use of
resources as it helps to reduce over-crowding at a youth
facility and is more appropriate from the standpoint of
treatment for that young person's needs. Based on an evaluation
and assessment, a young person can be referred to a wide array
of behavioral health interventions that YKHC can provide. Ms.
Ware concluded by saying the division works closely with state
and local law enforcement, the troopers and DPS. Training
materials and information will need to continue to be developed
so that troopers are clear on what can and cannot be done
regarding this change in statute.
MR. AL STOREY, Lieutenant, Division of Alaska State Troopers,
Department of Public Safety (DPS), added that DPS has talked
repeatedly with Ms. Ware about this topic and supports her
position. He mentioned that there is a firm commitment from DPS
to provide training and training materials so that troopers
understand limitations. DPS is also working with the local
police department, furthering an understanding of the
requirements for compliance. He said for the most part,
business is already conducted as required. There have been some
violations, as articulated by Ms. Ware, and he doesn't know if
those violations were done by the local police department or the
troopers, but DPS and DJJ are working towards resolving those
issues to properly manage juvenile Title 47 people and to be in
compliance with the federal requirements that already exist.
CHAIR DYSON asked what his specific assignment or responsibility
is.
LIEUTENANT STOREY replied that he works on the director's staff
for the state troopers and was the legislative liaison.
CHAIR DYSON asked if Lieutenant Storey has had personal
experience working with young people who would be affected by
this action.
LIEUTENANT STOREY said he hasn't worked in the uniformed section
for several years; the bulk of his career has been in the drug
and alcohol portion. The last uniformed patrol he worked was in
the Palmer area, and he did have some intoxicated juveniles to
deal with and also some mental health situations. He said he
has discussed this issue with Captain [John] Glick, Commander of
the C Detachment (covering most of western rural Alaska), who
has assured him that the state strives to comply with these
federal requirements. He said DPS works closely with OCS
[Office of Children's Services] and DJJ to ensure proper
management of the juvenile processes. There are a fair number
of intoxicated juveniles to deal with in the Bethel area,
certainly in Kotzebue, Dillingham, as well as mental health
issues in those areas.
SENATOR LYDA GREEN asked if essentially this bill would fulfill
federal requirement, to comport with re-authorization.
CHAIR DYSON commented, "And [it] brings our law into conformity
with our practice. Is that right?"
MS. WARE said this was correct.
SENATOR GREEN commented that this did not provide for new
facilities or hospital beds.
MS. WARE confirmed this was also correct.
CHAIR DYSON said, as an aside, he was responsible for starting
an audit about a year ago "on the kingdom over which you now
preside" and said he would like to have a conversation with Ms.
Ware at her convenience - perhaps during the middle of this
month - about the problems, audit responses, and the
department's response. CHAIR DYSON asked for the wish of the
committee.
SENATOR GREEN moved to report SB 340 out of committee with
individual recommendations and [attached] fiscal notes.
CHAIR DYSON asked if there was any objection. There being none,
it was so ordered.
| Document Name | Date/Time | Subjects |
|---|