Legislature(1995 - 1996)
04/27/1996 09:50 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 104(JUD) am
An Act relating to disclosures of information about
certain minors.
Co-chairman Halford directed that CSSSHB 401 (Jud)am be
brought on for discussion. ROGER POPPE, aide to
Representative Kott, came before committee. He explained
that the proposed bill is one of many approaches undertaken,
both nationally and within the state, to deal with the
increase in juvenile crime. The legislation underwent
numerous changes as attempts were made to determine the type
of information to be released by various agencies.
Information would only be released on juveniles who commit
crimes that would be felonies if committed by an adult.
Twenty-four other states have similar legislation.
Mr. Poppe attested to problems associated with earlier
stages of the bill in that many states separate support,
care, and treatment of juveniles in need from juveniles who
are in trouble. Since they have separate agencies dealing
with separate aspects, release of records on juveniles who
are in trouble is easier to accomplish. However, because
the Dept. of Health and Social Services combines those
functions, an attempt to release the information would
jeopardize $7 to $10 million in federal moneys.
The propose bill does not involve the Dept. of Health and
Social Services. It relates to arrest and allows the
arresting officer to release to the media, on request:
1. The minor's name.
2. The name of the minor's parents.
3. The date and nature of the offense.
4. Description of the offense.
It is hoped release of the information will have a deterrent
impact on juveniles, prior to commission of crime. Further,
release would notify residents of a community of juveniles
who pose a possible threat to public safety.
A House floor amendment ensures that the information cannot
be incorporated by the Dept. of Public Safety into its
criminal justice information system and become part of
computerized criminal records.
In response to a question from Senator Donley regarding
language within SCS CSSSHB 104 (HES), Mr. Poppe said it
attempted to get the court system to release information at
the end of the process. There was concern that juveniles
should be provided an opportunity to clear their names. If
they were adjudicated non-delinquent, the courts could
release that information. Unfortunately an interpretation
from Region 10 and Washington, D.C. was that since the court
received the information from the Dept. of Health and Social
Services, the court could not release the information
without jeopardizing department funds. That approach was
then dropped in SCS CSSSHB 104 (Jud), and the focus was
directed toward the Dept. of Public Safety and the initial
arrest situation before any information goes to the Dept. of
Health and Social Services.
Senator Donley asked how the proposed bill would modify
language relating to victims. Mr. Poppe explained that
information relating to victims remains unchanged at Page 2,
lines 11 and 12.
ANNIE CARPENETI, Assistant Attorney General, Criminal
Division, Dept. of Law, came before committee in opposition
to the bill, saying it would be unfair to children. It
would allow police officers to release information
pertaining to arrests of young people of any age. At the
time of arrest, resolution of the charges is unknown. The
young person may be innocent. The young person may plead or
be convicted of a misdemeanor as a juvenile. Co-chairman
Halford asked if the process set forth in the bill reflects
"the way it happens to everybody else." Mrs. Carpeneti
indicated that that is the procedure for adults. She
stressed that the philosophy of the juvenile justice system
is different from that for adults.
Mrs. Carpeneti advised that the Governor's task force on
youth and justice is working on how to release information
in a way that is fair to the community, the public, and the
child.
ELMER LINDSTROM, Special Assistant, Dept. of Health and
Social Services, came before committee. He said that if the
bill were to pass, it would not create a situation identical
to that for adults. Court proceedings for an adult and
resolution of the case are public knowledge. In the case
of juveniles, if the initial charge is a felony, and that
information is released, there is no mechanism for
information on resolution of the case, including a
determination of innocence, to be made public. When the
Dept. of Health and Social Services becomes involved, it is
precluded from releasing the information.
Referencing the Governor's task force, Mr. Lindstrom
stressed that recommendations from the conference would move
the department "down the path of disclosure of records
and/or opening of proceedings." The department is presently
attempting to position itself for the change.
Organizational issues within the department need to be
addressed to minimize the loss of federal funds.
Senator Sharp attested to frustration expressed by
constituents over inability to determine whether criminals
are living within their neighborhoods. He suggested that
the most vicious, by the highest percentage, are those
shielded by "the under eighteen law." It is time to change
that. Mr. Lindstrom responded that if release of
information on only those individuals were at issue, the
department position would be very different. The proposed
bill cast a much wider net. Senator Randy Phillips
suggested that the department is out of touch in terms of
dealing with real people and real problems. He expressed
frustration over threats of loss of federal funds when
changes in the juvenile justice system are proposed.
In response to earlier comments that a juvenile would have
no means of refuting arrest charges if they were found to be
invalid, Co-chairman Halford suggested that nothing
prohibits the juvenile from telling people he or she was not
convicted. Mrs. Carpeneti countered by saying that a
juvenile could say he or she was innocent whether or not
that was true. She questioned how a juvenile could
effectively disseminate information on his or her innocence
were that the case. She further questioned whether the
parents of a juvenile should have to sue for false arrest to
clear a young person's name.
Senator Rieger inquired concerning the logic behind
publication of the accusation but not resolution of the
case. Mr. Poppe reiterated that court system release of
information derived from the Dept. of Health and Social
Services would result in loss of funding. Mrs. Carpeneti
acknowledged frustration and increasing public demand for
information. The concern is over how, when, and what type
of information is made available.
Senator Rieger next inquired regarding why arrest
information was selected for release. Mr. Poppe explained
that conversations with the Dept. of Public Safety indicate
that the department errors on the side of caution in
arresting juveniles. The department is also careful about
how charges are filed. Bill language provides that the
Dept. of Public Safety "may" release the information. That
provides some leeway. If release appears inappropriate,
information will not be made available. Mr. Poppe
referenced drug cases in which a juvenile ultimately becomes
an informant as an example of a situation in which release
of information on the juvenile's arrest could place him or
her at risk of harm.
Senator Donley questioned whether the department would be
required to release information under the freedom of
information act. Mr. Poppe voiced his understanding that
language is permissive rather than mandatory. Mrs.
Carpeneti concurred but said that the issue should be
researched. Co-chairman Halford voiced his assumption that
the freedom of information act contains an exemption for
ongoing law enforcement investigations.
Further discussion of use of "may" and "shall" throughout
the bill followed. Senator Donley specifically pointed to
use of "may" in subsection (5) at Page 2, relating to
disclosure of information to a victim. He voiced need for
victims and school officials to receive pertinent
information.
Senator Sharp referenced the difference between being
arrested and charged. He advised of research indicating
many arrests but very few charges since matters are handled
within the Division of Family and Youth Services. He asked
if that is still the procedure, that many arrests of
juveniles are never adjudicated. Mr. Lindstrom acknowledged
a substantial number of petitions on adjudications for
multiple misdemeanors. For many minor crimes there appear
to be no consequences.
END: SFC-96, #96, Side 1
BEGIN: SFC-96, #96, Side 2
Senator Rieger inquired concerning the contents of a
petition for adjudication of delinquency. Mr. Lindstrom
deferred comment to the director of the Division of Family
and Youth Services.
Senator Donley directed attention to Page 2, line 11, and
MOVED to add "regarding the arrest" following the word
"information" and to delete all text on line 12, so that
subsection (5) reads:
(5) may disclose to a victim information
regarding the arrest including copies of reports.
Co-chairman Halford asked that those who signed up to
testify on the bill do so before a vote on the proposed
amendment was taken.
JUDY ERICKSON came before committee and described the
circumstances under which her son, distraught over the
recent death of both his father and grandfather, committed a
felony and is now awaiting adjudication . She stressed that
not all juveniles who commit a crime are vicious or the type
that would continue to cause problems within a community.
She attested to strict probation, mandated full restitution,
and the fact that her son and the other young people
involved will probably never do wrong again. The young
people are involved in counseling and are doing well. The
victims have been involved in the entire process. Mrs.
Erickson further attested to the painful nature of the
situation for both the juveniles and their parents due to
the fact that Juneau is a small community and rumors spread
quickly. She advised that her son continues to be greatly
troubled by concern that society now views him as a bad
person.
She urged caution regarding release of information on young
people, saying that potential exists for arrest of a
juvenile who was perhaps present when a felony was committed
but did not participate. She stressed the difference
between a young person who has committed four, five, or six
felonies and one who has "gotten in trouble one time."
Mrs. Erickson attested to having had a good experience with
the juvenile justice system and advised that the outcome was
fair to both her son and the victims. She urged the
committee to remember that the goal is rehabilitation of
young people who make mistakes. She questioned the wisdom
of making a public display of juveniles who are not repeat
offenders.
In response to an inquiry from Senator Rieger, Mrs. Erickson
noted that the arresting officer will often not know the
juvenile or his or her circumstances. It is the probation
officer who conducts a background check.
Senator Zharoff inquired concerning the potential for state
or municipal liability associated with release of
information. Anne Carpeneti deferred comment to staff from
Dept. of Law, civil division. She acknowledged the
possibility of liability for mistakenly releasing
information.
REPRESENTATIVE PETE KOTT, sponsor of the legislation,
briefly came before committee. He advised that the intent
is to reduce recidivism among juveniles. He then voiced his
belief that disclosure would have a positive impact. He
stressed that the bill deals with serious offenses. The
overriding factor is protection of the public. It is
paramount that the public be aware of the type of crimes
committed within the vicinity.
Senator Randy Phillips voiced his assumption that the
legislation stems from requests from constituents and, in
turn, reflects community values and morals. Representative
Kott concurred, advising of support by the municipality and
Eagle River Chamber of Commerce.
Co-chairman Halford noted need to attend the Senate Floor
Session and directed that the meeting be recessed with
Senator Donley's motion on Amendment No. 1 pending.
ADJOURNMENT
The meeting was recessed at approximately 11:00 a.m.
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