Legislature(1997 - 1998)
03/12/1998 01:50 PM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 16
"An Act relating to delinquent minors, to the taking
of action based on the alleged criminal misconduct of
certain minors, to the services to be provided to the
victims of criminal misconduct of minors, and to
agency records involving minors alleged to be
delinquent based on their criminal misconduct; and
amending Rule 19 and repealing Rules 6, 7, 11(a),
12(a), and 21(f), Alaska Delinquency Rules."
Co-Chair Hanley questioned how the Department's fiscal note
would be affected by new Amendment #1. [Copy on File].
ELMER LINDSTROM, SPECIAL ASSISTANT, OFFICE OF THE
COMMISSIONER, DEPARTMENT OF HEALTH AND SOCIAL SERVCIES,
pointed out that the Department had submitted two fiscal
notes to the Committee. The Division of Medical Assistance
submitted a zero note accompanied with an analysis
regarding new facilities. He commented that Ms. Tanoury
would speak to the fiscal note submitted by the Division of
Family and Youth Services (DFYS).
THERESA TANOURY, ADMINISTRATOR, CHILD PROTECTION SERVICES,
DEPARTMENT OF HEALTH AND SOCIAL SERVICES, discussed the
fiscal note which the Division submitted to cover costs
associated with semi-secure beds. Currently, there are 15
grantees that provide group care. She believed that
staffing with a 1:3 ratio would be necessary in order to
manage behavior problems. The fiscal note recommends
increasing staffing patterns.
Co-Chair Hanley suggested that the Department was making a
policy call with the request of additional staffing. He
questioned the $210 thousand dollar grant and claim line.
Ms. Tanoury stated that the program would not work without
the additional staff support. There has been no rate
increase since 1990, whereas, difficult-to-care-for
children numbers have dramatically increased.
Co-Chair Hanley reiterated his concern. He asked if
providers would need extra State grants to make the care
worthwhile. Co-Chair Hanley commented that he would not
support the amendment with the additional fiscal costs. He
questioned if beds could be built without the requested
funding. Ms. Tanoury advised that the State would not
build the semi-secure beds without the requested funding
support.
RAY GILLESPIE, SPOKE ON BEHALF OF KATHY CRONEN, CHARTER,
NORTHSTAR BEHAVORIAL HEALTH SYSTEM, ANCHORAGE, noting that
Ms. Cronen was currently out for family emergency,
although, requested to testify on the fiscal and
legislative impact of the legislation at a latter date.
Representative Kelly referenced SB 289 legislation from two
years ago. He asked if the fiscal note, which had been
funded with that legislation, had been used.
ROBERT BUTTCANE, JUVENILLE PROBATION OFFICER, DIVISION OF
FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL
SERVICES, noted that he did not have the fiscal notes
attached to that legislation, although, believed that the
money was not used to create a semi-secure facility. Ms.
Tanoury pointed out that at this time, there is not a semi-
secure residential care facility in Anchorage or Fairbanks.
Co-Chair Hanley asked if the grants would be available only
for non-profits. Mr. Lindstrom noted that was correct and
that the amendment would provide profits and non-profits to
have semi-secure facilities, whereas, the grants would only
allow the non-profit's funding.
Co-Chair Hanley explained that Amendment #1 had been
introduced to clarify profit versus non-profit. It was
never the intent that for-profits receive grants. The new
draft of the amendment clarifies that the grant process
remains the same as current law. Co-Chair Hanley MOVED to
adopt Amendment #1. There being NO OBJECTION, the new
Amendment #1 was adopted.
Representative J. Davies spoke to the new Amendment #3.
[Copy on File]. He stated that the amendment would remove
13, 14 & 15 year olds from the bill sentencing provisions
and would make that referral discretionary with the
Department. He informed members that with the changes
proposed in the amendment, costs associated with the bill
would drop substantially.
Mr. Buttcane commented that Amendment #3 would limit the
dual sentencing provisions to youth 16 & 17 years old, who
meet two criteria:
? Presented with a felony crime against a person
and having a history of felony adjudication in
the past; or
? Sexual abuse of a minor in the second degree.
The Department has estimated that there would be 8 youth
per year that would meet these criteria. The amendment
makes dual sentencing discretionary.
Representative J. Davies MOVED to adopt Amendment #3.
There being NO OBJECTION, it was adopted.
Representative Kelly MOVED to adopt Amendment #4. [Copy on
File]. He advised that the amendment would address a
technical statutory problem. There being NO OBJECTION, it
was adopted.
Co-Chair Hanley reiterated that he would not be supportive
of the $210 thousand dollar grant line proposed in the
Department's fiscal note. He MOVED to eliminate the grants
and claim line. There being NO OBJECTION, it was deleted.
Representative Foster MOVED to report CS HB 16 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal notes.
CS HB 16 (FIN) was reported out of Committee with a "do
pass" recommendation and with two fiscal notes by the
Department Administration, the Department of Health and
Social Services, the Alaska Court System, the House Finance
Committee, the Department of Law, and the Department of
Corrections.
| Document Name | Date/Time | Subjects |
|---|