Legislature(1997 - 1998)

04/30/1997 08:07 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HB 6 RELEASE OF INFORMATION ABOUT MINORS                                
                                                                               
       REPRESENTATIVE  KELLY,  Sponsor,  was  present  at  the                 
       table.  Testifying were DIANE WORLEY, RUSSELL  HUFFMAN,                 
       MIKE CORKILL and ANGELA SALERNO.   SENATOR DONLEY MOVED                 
       the    bill    from    committee     with    individual                 
       recommendations.  SENATOR ADAMS objected.  By a vote of                 
       6 to 1, SCSCSHB 6(FIN) was REPORTED OUT with a previous                 
       zero fiscal note from the  Department of Public Safety,                 
       a   zero   fiscal   note   from   the   Department   of                 
       Administration, and fiscal notes from the Department of                 
       Health and Social  Services and  the Department of  Law                 
       (22.9).                                                                 
                                                                               
  CS FOR HOUSE BILL NO. 6(FIN) am                                              
  "An Act relating to minors and amending laws relating to the                 
  disclosure of information relating to certain minors."                       
                                                                               
                                                                               
  REPRESENTATIVE  PETE KELLY, Sponsor, joined the committee at                 
  the table.                                                                   
                                                                               
  DIANE  WORLEY,  Director,  Division  of  Family   and  Youth                 
  Services,  Department   of  Health   and  Social   Services,                 
  testified that the division continued to have concerns about                 
  the  bill.   They  recognized  the  need for  some  level of                 
  disclosure, the  need to protect  the public, and  levels of                 
  information regarding youths  and criminal acts they  may be                 
  committing.  The  conflicts had to do with how  far the bill                 
  went related to  the mission  of the agency  to protect  and                 
  rehabilitate  juvenile  offenders   while  still   providing                 
  community protection.  She  noted the bill was  not intended                 
  to deter  crime, but  to provide  public safety.   She  gave                 
  examples of cases  to illustrate  the concerns and  dynamics                 
  involved   with   perpetrators   who   were  also   victims.                 
  Guarantees  needed to  be  in place  to  protect those  that                 
  needed treatment and  services.  She also  expressed concern                 
  about impeding cooperation with a  family when an adjustment                 
  would have  to be  disclosed.  There  was also the  issue of                 
  petition  versus  adjudication  and whether  they  would  be                 
  disclosing  on  kids who  would later  be found  innocent of                 
  charges.                                                                     
                                                                               
  SENATOR   PHILLIPS   commented   to   MS.   WORLEY  on   the                 
  responsibility  of families  and what  sounded like  "social                 
  engineering" on her part.  He stated he could barely contain                 
  his emotion on the issue and that his constituency supported                 
  the bill  and would "rip" her apart.   He thought the public                 
  had a right to know.                                                         
                                                                               
  SENATOR DONLEY asked what the administration's position was.                 
                                                                               
  MS. WORLEY  stated she  was speaking  for the Department  of                 
  Health  and  Social  Services.    She  noted  that  previous                 
  testimony  from  Margot  Knuth, of  the  Department  of Law,                 
  reflected  the  broader  administration.    MS.  WORLEY  had                 
  limited her discussion  to her department because  they felt                 
  it would affect them  more broadly and they wanted  to bring                 
  up specific points they dealt with on a day to day basis.                    
                                                                               
  SENATOR  DONLEY  commented  that Section  4  related  to the                 
                                                                               
                                                                               
  authorized areas for information and  development of a clear                 
  protocol.  He asked how MS. WORLEY read the language "as may                 
  be necessary."   It caused him  concern because it gave  the                 
  department reason not  to do  what they didn't  like to  do.                 
  MS. WORLEY  responded that  there was  a need  to make  sure                 
  there was  reason for  sharing information  with those  that                 
  needed  to know.   SENATOR DONLEY asked if  there would be a                 
  problem with deleting that language in Section 4.                            
                                                                               
                                                                               
  REPRESENTATIVE KELLY said  there would not be  a problem and                 
  he was in agreement.   He noted it was also in Section 5 and                 
  other parts of existing statute.                                             
                                                                               
  RUSSELL  HUFFMAN,  M.D.,   Forensic  Psychiatrist,   Bethel,                 
  testified  that  he  advised  the  court   system  regarding                 
  juvenile  behavior and  treated  victims of  crime.   He had                 
  worked  with Representative Kelly  to improve the  bill.  He                 
  believed there needed  to be  more protection for  children.                 
  Children  and the mentally ill receive statutory protection.                 
  He felt the bill made it easy for those under the  age of 18                 
  to  be  criminally stigmatized  for  immature judgment.   He                 
  stated that justice was due process  and the bill eroded the                 
  steps  of  due  process  to  protect  children.    Releasing                 
  information  about  people  and victims  hurts  people.   He                 
  referred to  a recent tragedy of February 19 in Bethel as an                 
  example of the ripple effect.  No disclosures had been made,                 
  yet everyone  knew.   Information about  other students  had                 
  affected families,  grandparents, and siblings to the extent                 
  that some  would have  to  leave the  community.   He had  a                 
  petition signed by over a  hundred Bethel residents opposing                 
  the  release of  information about  children.  He  urged the                 
  protection of children  by waiting  for a conviction  before                 
  releasing names.  He encouraged the  committee to be careful                 
  and go slowly.                                                               
                                                                               
  SENATOR PHILLIPS gave  an example of a simple juvenile theft                 
  and asked how DR. HUFFMAN would handle the situation.  There                 
  was brief discussion.                                                        
                                                                               
  SENATOR ADAMS referred to a proposed Amendment #3 that would                 
  take  care of  some of  DR. HUFFMAN'S  concerns by  removing                 
  mandatory disclosure on adjusted cases.  He referred to page                 
  6, lines 30-31,                                                              
  regarding  disclosure  by  electronic means  that  could  be                 
  recovered  from a computer database  and asked if the public                 
  would have access to that information  via the internet.  He                 
  noted that  it would be in the database for five years after                 
  authorization, even though  someone could  have completed  a                 
  sentence and restitution in  a shorter period.  He  believed                 
  it was damaging.                                                             
                                                                               
  REPRESENTATIVE KELLY responded  that it  would make it  easy                 
  for the department  to give constructive notice  on criminal                 
                                                                               
                                                                               
  activities  through  an  easily  accessible  and  relatively                 
  inexpensive home page  on the internet.   There was language                 
  in the  bill providing  that if  a minor  stayed clean,  the                 
  record could be removed from the  internet page.  It created                 
  an  incentive  for  people  not  to commit  further  crimes,                 
  regardless of whether they had completed restitution or not.                 
                                                                               
  SENATOR ADAMS stated that it could greatly affect  a child's                 
  ability  to go to college,  join the military  or even get a                 
  job.   He  suggested holding  the bill  to work on  that and                 
  other issues.                                                                
                                                                               
                                                                               
  MIKE CORKILL, 1st Sergeant, President, Alaska Peace Officers                 
  Association, testified in  support of  the bill for  several                 
  reasons.  He believed  the system was broken with  regard to                 
  juvenile issues.  There were  frustrated victims and parents                 
  that   needed    to   protect   themselves    from   further                 
  victimization.  He explained that the bill related  to those                 
  well entrenched in  the system  and involved in  recidivism.                 
  It was no one individual's fault as to the reason the system                 
  was not working.   Juveniles needed  to be held  accountable                 
  and people needed to know who the criminals were.                            
                                                                               
  End SFC-97 #133, Side 1, Begin Side 2                                        
                                                                               
  SGT. CORKILL  continued.   He  had  been involved  in  youth                 
  issues for over  twenty years.  In reference to  a letter in                 
  committee files,  he stated  the Peace Officers  Association                 
  wanted to be able to disclose a juvenile's name at  the time                 
  of  arrest,  just  as they  did  with  adults.   He  had  no                 
  objection to a change to a  petition process.  He noted  the                 
  DFYS would have a chance to screen.  He had concern with how                 
  and when  the  disclosure  information  would  be  released.                 
  Another  concern  was with  Section  1  regarding controlled                 
  substances, which  basically  had to  do  with the  sale  of                 
  marijuana.  He was appalled  that it would be added  to that                 
  section because he believed any violation of AS 11.71 should                 
  be part of  the disclosure information.   It was a  terrible                 
  message to send out.  He believed people had a right to know                 
  if someone  was selling  any kind  of controlled  substance.                 
  With regard to rehabilitation and  stigmatization, he stated                 
  that the child  had "placed  themself in  the position  they                 
  have by  their own  action" rather  than by  the actions  of                 
  others, and there  was still a need  for the public to  know                 
  what  was going on.  To  illustrate his position, he gave an                 
  example of a Fairbanks youth who had shot a police officer.                  
                                                                               
  COCHAIR PEARCE asked SGT. CORKILL to elaborate on the  issue                 
  of disclosure before adjudication.   SGT. CORKILL  explained                 
  that  conviction was way  down the road  in the  course of a                 
  several month  process.   He believed  disclosure should  be                 
  made  at the time of petition.  The initial position was for                 
  the time of  arrest, but the compromise was okay.  There was                 
                                                                               
                                                                               
  a brief question and answer session regarding various crimes                 
  defined in law.                                                              
                                                                               
  In response  to the  same hypothetical  theft question  from                 
  SENATOR  PHILLIPS, SGT.  CORKILL  offered his  philosophical                 
  viewpoint based on personal experience.                                      
                                                                               
  COCHAIR SHARP  asked when  information was  available to  an                 
  officer with regard to someone criminally entrenched but not                 
  convicted.    SGT.  CORKILL  replied   that  they  had  some                 
  capability through the Alaska Public  Safety Network.  There                 
  was brief discussion on this topic.                                          
                                                                               
  ANGELA SALERNO, Executive Director, National Association  of                 
  Social Workers  - Alaska, testified  in opposition to  HB 6.                 
  She supported the mission of the  juvenile court, that being                 
  rehabilitation and  reintegration of  a youth  into society.                 
  She believed  the bill  was a serious  and radical  measure.                 
  She noted that forty percent of  the population of the state                 
  was  under the age of  twenty.  The  bill would overturn the                 
  mission  of  the  juvenile  court.   Disclosure  compromised                 
  rehabilitation  and it  was a  punishment  with far-reaching                 
  effects.    She supported  Amendment  #3 and  didn't believe                 
  anyone  would  be safer  after  passage  of the  bill.   She                 
  believed  the  bill  may  have   an  unintended  outcome  by                 
  stigmatizing  youth, narrowing  options, and  that it  could                 
  promote  crime.    MS.  SALERNO  stated  that  there  was  a                 
  misperception that kids were not  held accountable for their                 
  crimes,  noting  there  were   a  variety  of   dispositions                 
  available for kids who commit crime.                                         
                                                                               
  COCHAIR PEARCE introduced members of the Saukhalin Duma from                 
  Russia, escorted  and interpreted  by former  Senator Victor                 
  Fischer.                                                                     
                                                                               
  COCHAIR PEARCE offered a "what if" scenario.  REPRESENTATIVE                 
  KELLY responded, noting  that many scenarios had come up and                 
  they could not create  public policy to cover all  the "what                 
  ifs."  He explained that second  chances had been built into                 
  the bill.  He  added that serious and dangerous  crimes were                 
  addressed by the bill.                                                       
                                                                               
  SENATOR DONLEY asked if  there were any changes  the sponsor                 
  wanted in the bill.  REPRESENTATIVE KELLY replied  that many                 
  changes had already been made  to address various scenarios.                 
  He opposed large  amendments at this  time.  SENATOR  DONLEY                 
  had  concern with  existing language  in Section  4 and  the                 
  reluctance  of the department  to fulfill the  intent of the                 
  law.                                                                         
                                                                               
  SENATOR ADAMS  reiterated his  hope that  the bill  would be                 
  held  for  further  consideration of  issues  that  had been                 
  brought up.  He again expressed his concern about disclosing                 
  information on the internet for five years.                                  
                                                                               
                                                                               
  SENATOR DONLEY commented  that it applied to  serious crimes                 
  and  repeat offenders.   He believed it  was appropriate for                 
  employers to  know if  they  were employing  those types  of                 
  people.    Additional  discussion and  debate  ensued  among                 
  SENATORS  DONLEY, ADAMS,  PHILLIPS and  REPRESENTATIVE KELLY                 
  regarding this issue.                                                        
                                                                               
  COCHAIR SHARP acknowledged that SENATOR  ADAMS had asked the                 
  bill be held an  additional day.  SENATOR PARNELL  urged the                 
  bill be moved from committee.                                                
                                                                               
  SENATOR DONLEY MOVED the bill from committee with individual                 
  recommendations.  SENATOR ADAMS objected.                                    
                                                                               
                                                                               
  End SFC-97 #133, Side 2                                                      
  Begin SFC-97 #134, Side 1                                                    
                                                                               
  A roll call vote was taken on the MOTION.                                    
  IN  FAVOR:  Phillips,  Donley, Torgerson,  Parnell,  Pearce,                 
  Sharp                                                                        
  OPPOSED: Adams                                                               
  By a vote of 6 to 1, SCSCSHB 6(FIN) was REPORTED OUT with  a                 
  previous  zero  fiscal note  from  the Department  of Public                 
  Safety,  a  zero   fiscal  note   from  the  Department   of                 
  Administration,  and  fiscal notes  from  the Department  of                 
  Health and Social Services and the Department of Law (22.9).                 
                                                                               

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