Legislature(1995 - 1996)

03/11/1996 01:30 PM Senate JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                   SENATE JUDICIARY COMMITTEE                                  
                         March 11, 1996                                        
                           1:30 p.m.                                           
                                                                               
  MEMBERS PRESENT                                                              
                                                                               
 Senator Robin Taylor, Chairman                                                
 Senator Lyda Green, Vice-Chairman                                             
 Senator Al Adams                                                              
 Senator Johnny Ellis                                                          
                                                                               
  MEMBERS ABSENT                                                               
                                                                               
 Senator Mike Miller                                                           
                                                                               
  COMMITTEE CALENDAR                                                           
                                                                               
 SENATE BILL NO. 270                                                           
 "An Act relating to juveniles; relating to the jurisdiction of                
 juvenile courts; relating to the release of juveniles; and relating           
 to records concerning juveniles."                                             
                                                                               
 SENATE BILL NO. 269                                                           
 "An Act relating to court records concerning children in need of              
 aid and delinquent minors."                                                   
                                                                               
 SENATE BILL NO. 267                                                           
 "An Act relating to court hearings involving minors; and amending             
 Rule 3(c), Alaska Delinquency Rules."                                         
                                                                               
  PREVIOUS SENATE COMMITTEE ACTION                                             
                                                                               
 SB 270 -  See Judiciary minutes dated 2/26/96.                                
                                                                               
 SB 269 - See Judiciary minutes dated 2/26/96.                                 
                                                                               
 SB 267 -  No previous Senate committee action.                                
                                                                               
  WITNESS REGISTER                                                             
                                                                               
 Diane Worley                                                                  
 Division of Family and Youth Services                                         
 Dept. of Health & Social Services                                             
 P.O. Box 110630                                                               
 Juneau, AK  99811-0630                                                        
  POSITION STATEMENT:  Commented on SB 270                                     
                                                                               
 Kathy Tibbles                                                                 
 Division of Family and Youth Services                                         
 Dept. of Health & Social Services                                             
 P.O. Box 110630                                                               
 Juneau, AK  99811-0630                                                        
  POSITION STATEMENT:  Commented on SB 270                                     
                                                                               
 Mary Hughes                                                                   
 Municipality of Anchorage                                                     
 P.O. Box 196650                                                               
 Anchorage, AK  99519-6650                                                     
  POSITION STATEMENT:  Supports SB 270                                         
                                                                               
 Duane Upland                                                                  
 Anchorage Police Department                                                   
 4501 S. Bragaw St.                                                            
 Anchorage, AK                                                                 
  POSITION STATEMENT:  Commented on SB 270                                     
                                                                               
 Bob Bailey                                                                    
 Anchorage Chamber of Commerce                                                 
 441 W. 5th Ave.                                                               
 Anchorage, AK                                                                 
  POSITION STATEMENT:  Commented on SB 270                                     
                                                                               
  ACTION NARRATIVE                                                             
                                                                               
 TAPE 96-20, SIDE A                                                            
 Number 001                                                                    
                                                                               
  CHAIRMAN ROBIN TAYLOR  called the Judiciary Committee meeting to             
 order at 1:32 p.m.  All members were present except Senator Miller.           
 The first order of business was SB 270.                                       
        SB 270 JUVENILE OFFENDER PROCEEDINGS & RECORDS                        
                                                                              
 SENATOR ADAMS expressed concern about the loss of $8 million in               
 Title IV funds if either SB 269 or SB 270 passes.                             
                                                                               
 DIANE WORLEY, Director of the Division of Family and Youth Services           
 (DFYS), informed the committee because DFYS is the IV-E agency for            
 the Department of Health and Social Services, any release of                  
 information from DFYS related to children in its custody will                 
 result in the loss of Title IV funds.  DFYS has been conferring               
 with Region X and Washington, D.C. officials, and is still awaiting           
 written clarification of when, and if, any release of information             
 is permissible.  This ongoing issue is also being addressed by                
 other states.                                                                 
                                                                               
 KATHY TIBBLES, DFYS, explained the agency thought at one point that           
 certain information could be released as long as it did not come              
 from DFYS, such as a court determination of delinquent or non-                
 delinquent status, and as long as it did not relate to the charge             
 that brought the minor before the court.  Federal officials assumed           
 the court received referrals on minors directly from law                      
 enforcement officers, but when they realized that the petitions               
 with the names of minors originate from DFYS, they changed their              
 position.  Certain releases of information can occur on a need-to-            
 know basis, but not the public release of information.                        
                                                                               
 SENATOR ADAMS asked the expected time frame for a response from               
 federal officials.  MS. TIBBLES replied DFYS has asked that the               
 matter be expedited, but it could take from two weeks to four                 
 months.                                                                       
                                                                               
 Number 115                                                                    
                                                                               
 SENATOR TAYLOR questioned whether the restriction on the release of           
 information is tied to a listing of juvenile offenses, or to a                
 federal determination of juvenile offenses.  MS. WORLEY clarified             
 the release of information is prohibited for children in the                  
 custody of IV-E agencies, which is what DFYS is classified as, not            
 because of the particular offense.                                            
                                                                               
 SENATOR TAYLOR asked if that applies only to children with a                  
 custodial relationship with DFYS, or whether it includes children             
 being investigated, or receiving counseling or other services.  MS.           
 WORLEY answered every child who comes into the DFYS system would be           
 included.                                                                     
                                                                               
 SENATOR TAYLOR asked if a child could enter the DFYS system through           
 a district court action resulting from a DWI conviction.  MS.                 
 WORLEY responded juveniles with those offenses do not come under              
 the DFYS system.                                                              
                                                                               
 SENATOR TAYLOR asked if the purpose of SB 270 could be accomplished           
 by modifying state law to remove from DFYS' jurisdiction a good               
 portion of the juvenile crime laws and place them with the district           
 court, instead of modifying state law to provide for disclosure of            
 DFYS records.  MS. WORLEY stated that could be done, but the                  
 Department has concerns with that approach.                                   
                                                                               
 Number 185                                                                    
                                                                               
 SENATOR TAYLOR specified that under current law, once a juvenile              
 commits a crime and is waived into adult court, even though the               
 petition may have originated with DFYS, the publication of the name           
 would not affect funding.  MS. WORLEY agreed because once waived              
 into adult court, any release of information would come from that             
 individual's record.  MS. TIBBLES clarified if law enforcement has            
 first contact with a juvenile, information can be released from               
 their records.  She explained Title IV-E funds cover reimbursement            
 for foster care and services provided by staff to children in out-            
 of-home care, and restricts disclosure of information.  Title IV-B            
 funds spread that umbrella over all children served by the agency,            
 both child welfare cases and juveniles offenders.                             
                                                                               
 SENATOR TAYLOR stated the names of juvenile offenders treated as              
 adults for committing certain offenses can be disclosed as a result           
 of legislation passed in the last few years.  The list of offenses            
 include moving traffic violations, fish and game violations,                  
 offenses occurring in state parks, and alcohol consumption and                
 tobacco use.  Several bills are pending that would add other                  
 misdemeanors to this list.  Increasing the list may solve the                 
 problem of publication of names without jeopardizing Title IV                 
 funds.  He added the more important issue of name publication needs           
 to be debated and not clouded by the funding issue.                           
                                                                               
 Number 240                                                                    
                                                                               
 MARY HUGHES, Municipality of Anchorage (MOA), testified via                   
 teleconference.  She echoed the concerns enunciated by Senator                
 Taylor.  SB 270 was designed to address an increasing number of               
 juvenile crimes, not to create a loss of funds.  Regarding the                
 fiscal note from the Court System, the MOA is not interested in               
 opening up the whole system including CHINA files, just the                   
 criminal files.  The MOA hopes to balance the public interest with            
 the interest of the juvenile.  The current system was developed in            
 the 1950s, and does not necessarily apply to juveniles today.  She            
 noted the Governor has created a task force to address the juvenile           
 crime problem, however the MOA would like to see legislation pass             
 to address problems as soon as possible.  The MOA also supports SB
 269 in concept.                                                               
                                                                               
 SENATOR TAYLOR commented that because DFYS is awaiting a response             
 from the federal government on the issue of funding, it might be              
 wise to forego the issue of opening juvenile records until a                  
 determination is received, yet proceed with other aspects of the              
 bill.                                                                         
                                                                               
 MS. HUGHES responded that all aspects of SB 270 are important to              
 the MOA, and suggested devising language to make the bill                     
 compatible with federal requirements.                                         
                                                                               
 SENATOR TAYLOR advised no such language has been devised and may be           
 impossible, however other provisions of SB 270 could be enacted as            
 separate bills.  One would grant jurisdiction to municipalities to            
 proceed with some juvenile violations.  A second bill would require           
 the court to apply new standards before releasing juveniles.  MS.             
 HUGHES concurred with that approach and questioned whether juvenile           
 hearings would remain closed to the public.                                   
                                                                               
 KATHY TIBBLES answered federal officials have determined that                 
 opening court hearings would curtail Title IV funding.  SENATOR               
 TAYLOR added disclosure of a name when filing a petition would                
 create problems.                                                              
                                                                               
 MS. HUGHES remarked that juvenile hearings have been opened in                
 recent years to victims and their families.  She noted the MOA                
 would support the other provisions of the bill as separate pieces             
 of legislation.                                                               
 ANNE CARPENETI, representing the Department of Law, stated                    
 opposition to SB 270, specifically to the automatic waiver for                
 violation of municipal ordinances to district court.  The                     
 department is not sure what ordinances will be included and thinks            
 it would be unfair to impose different penalties in different                 
 areas.  In one municipality a juvenile would go to adult court and            
 get a permanent record, in another the offender would be dealt with           
 in juvenile court and not get a permanent record.  The consequences           
 of a permanent record could have serious repercussions later in               
 life.  The department believes the waiver of juveniles should only            
 occur in the most serious of offenses which require long terms of             
 imprisonment.  The mission of juvenile court is to prevent                    
 juveniles from recommitting crimes by providing early intervention.           
 An automatic waiver for minor offenses would prevent the DFYS from            
 addressing problems at the earliest date.  Additionally, no                   
 probation supervision exists in district court, therefore court               
 orders could only be enforced by arrest warrants.  Last, the                  
 ordinances under consideration would not provide for restitution              
 for victims.  The Governor's task force is in the process of                  
 addressing these issues but needs the chance to determine                     
 solutions.                                                                    
                                                                               
 SENATOR TAYLOR indicated line 7 on page 2 adds a new category of              
 those things excluded from juvenile jurisdiction, entitled "non-              
 criminal offenses."  MS. CARPENETI commented in other contexts,               
 namely HB 474, the MOA has discussed the creation of a non-criminal           
 shoplifting offense with a fine of $300 as a penalty.                         
                                                                               
 SENATOR TAYLOR asked if the committee deleted the sections of the             
 bill that pertain to the release of juveniles' names for                      
 publication, whether the department would still oppose SB 270.  MS.           
 CARPENETI stated it would, because it is not clear what ordinances            
 the MOA intends to adopt.                                                     
                                                                               
 SENATOR TAYLOR pointed out a municipal ordinance was passed in                
 Sitka, making alcohol consumption or possession by juveniles a                
 violation with a $300 fine.  That ordinance had an immediate                  
 effect.  The town of Wrangell considered doing the same thing, but            
 was concerned about jurisdictional conflicts with state law.  Some            
 juveniles are repeatedly written up for minor consuming of alcohol            
 but no action is taken.                                                       
                                                                               
 MS. CARPENETI noted minor consumption is automatically waived to              
 district court as of last year.  She agreed that lesser offenses              
 can lead to greater offenses, but early intervention is more likely           
 to avoid that progression.                                                    
                                                                               
 Number 441                                                                    
                                                                               
 SENATOR ADAMS asked if both SB 269 and SB 270 amend current statute           
 to allow disclosure of the names of juveniles 13 years of age and             
 older alleged to have committed crimes.  MS. CARPENETI replied at             
 present, records are not disclosed whether the juvenile is accused            
 or adjudicated.                                                               
                                                                               
 SENATOR TAYLOR suggested drafting a proposed committee substitute             
 without the provisions to release names.                                      
                                                                               
 SENATOR ADAMS suggested working with the House Judiciary Chair to             
 create a package of legislation including House Bills 15, 387, and            
 474, and Senate Bills 269 and 270, to prevent a piecemeal approach.           
 SENATOR TAYLOR agreed and noted he has asked the sponsors to do               
 that without success.                                                         
                                                                               
 SENATOR SALO questioned what the committee's intent is in regard to           
 SB 269.  SENATOR TAYLOR responded that since SB 269 only pertains             
 to records, the committee will wait until the federal determination           
 is received, or an amendment is proposed, to prevent the loss of              
 Title IV funds.  SENATOR SALO stated she would work on an                     
 amendment.                                                                    
                                                                               
 Number 486                                                                    
                                                                               
 DUANE UPLAND, Anchorage Police Department, testified via                      
 teleconference.  He pointed out other states have opened up                   
 juvenile records and questioned how that is being done.  He                   
 believed the policy of being able to maintain funds when treating             
 juveniles more harshly by introducing them to the adult system, but           
 losing funds when releasing names of offenders in the juvenile                
 system, to be incongruent.  He believed the juvenile intake system            
 is able to handle all of the issues discussed, but is inadequately            
 staffed, therefore minor offenses are not a priority.  He favored             
 allowing municipalities jurisdiction over minor offenses because              
 without consequences for that behavior, juveniles will commit                 
 greater offenses.                                                             
                                                                               
 BOB BAILEY, Anchorage Chamber of Commerce member and Co-Chair of              
 the Chamber's Crime Prevention Committee, stated juvenile crime is            
 a serious problem in Anchorage and the state.  The main problem in            
 Anchorage is a lack of jurisdiction.  Juveniles shoplift at South             
 Anchorage Dimond Center, knowing they will be picked up by police,            
 given a free ride downtown, but not charged.  SB 270 would allow              
 municipalities to use their resources as a first line of defense.             
 The juveniles that get away with crimes become repeat offenders.              
 A fine or infraction will not deter a serious criminal, but might             
 deter a first time offender.  The Chamber's Board does not want to            
 jeopardize federal funding, but does believe it is in the public's            
 best interest to open some records, especially those of repeat                
 offenders.  Because juvenile crime has changed over the years, the            
 juveniles and the public need equal protection.                               
                                                                               
 SENATOR TAYLOR announced SB 270 would be held in committee and a              
 committee substitute would be produced.                                       
           SB 267 MINOR DELINQUENCY HEARINGS PUBLIC                           
                                                                              
 SENATOR DRUE PEARCE, sponsor of SB 267, stated the bill is part of            
 the Municipality of Anchorage's crime package and was introduced at           
 MOA's request.  SB 267 provides that hearings dealing with juvenile           
 crime offenders be generally open to the public but subject to                
 closure, sealing, and expungement after rehabilitation.  MOA seeks            
 to change the current presumption that juvenile criminal records              
 and hearings should be kept confidential and closed.  Confidential            
 records and closure of hearings is disfavored, as public access               
 will further the important goals of: system accountability; the               
 assurance of truthful testimony; public education and awareness,              
 particularly among the young, whose belief in their invincibility             
 is fostered by ignorance of the consequences; protection of                   
 victims' rights; and subsequent accountability for repeat                     
 offenders.  These goals can better be met in a system that presumes           
 that open records be the norm rather than the exception.                      
 Individuals who commit foolish mistakes, or are rehabilitated, will           
 be suitably protected by allowing after-the-fact sealing of                   
 records.                                                                      
                                                                               
 TAPE 96-20, SIDE B                                                            
 Number 000                                                                    
                                                                               
 SENATOR PEARCE was unsure whether SB 267 would affect Title IV                
 funds, which is not the intent of the MOA.  She believed both                 
 Alaska's congressional delegation, and federal officials, would be            
 amenable to finding a way to deal with the funding question, as               
 other states are opening records.                                             
                                                                               
 SENATOR ADAMS repeated his concern about the loss of Title IV                 
 funds, and questioned under what circumstances the court could                
 close a hearing to the public under Section 3.                                
                                                                               
 SENATOR PEARCE replied the court will set that determination under            
 Rule 3(C), the delinquency rules.                                             
                                                                               
 KATHY TIBBLES added that currently all juvenile hearings are                  
 closed, except for the juvenile offenders waived to adult court.              
 Alaska differs from some states in that juveniles are covered by              
 agencies that are not IV-E agencies, such as a department of                  
 corrections.  Alaska receives a sizable amount of IV-E funds to               
 offset the cost of caring for juvenile delinquents which amounts to           
 50 percent of the cost of care.  The states that house juveniles in           
 non IV-E agencies do not receive that federal reimbursement.                  
                                                                               
 SENATOR TAYLOR asked what amount of IV-E funds would be lost if               
 DFYS was limited to foster home and CHINA programs and juvenile               
 delinquents were housed in a different agency.  MS. TIBBLES                   
 responded DFYS is trying to identify that amount, however it is a             
 complicated process because all three are in the same BRU.                    
 SENATOR TAYLOR asked if a victim attending a closed juvenile                  
 hearing can provide information to the media or others after a                
 hearing.  MS. TIBBLES believed the victim is restricted from doing            
 that.  MS. TIBBLES stated DFYS is trying to determine if it                   
 administratively separates the two sections within the division,              
 and stops collecting federal funds for the delinquent population,             
 whether that approach would satisfy the federal requirements as to            
 the release of records.  She added that the loss of funding might             
 be substantial, and the policy decision as to whether opening                 
 records is favorable would need to be determined.                             
                                                                               
 SENATOR GREEN questioned whether states who house juvenile                    
 offenders under their departments of corrections have probation               
 officers and staff to do follow-up within that department.  MS.               
 TIBBLES responded different states have different set-ups.                    
                                                                               
 SENATOR TAYLOR repeated that housing juvenile offenders in an                 
 agency outside the IV-E funding agency would allow disclosure of              
 records.  MS. TIBBLES agreed, but stated reducing resources to                
 address juvenile delinquency will occur and those resources are               
 already limited.  She added DFYS petitioned on 30 percent of                  
 misdemeanor referrals last year.                                              
                                                                               
 SENATOR TAYLOR asked how many of the 30 percent petitioned resulted           
 in adjudications.  MS. TIBBLES did not know.   SENATOR TAYLOR               
 commented that during his years practicing law, he has only seen              
 one adjudication go to a jury trial.  He asked Ms. Tibbles to                 
 provide that information.                                                     
                                                                               
 Number 473                                                                    
                                                                               
 SENATOR TAYLOR felt the role of social workers in DFYS to be                  
 complicated by the fact that they are required to be both                     
 prosecutors and nurturers.  He questioned whether that is why other           
 states have separated those functions.  MS. TIBBLES replied that              
 social workers deal with CHINA clients which are neglected and                
 abused children.  Probation officers deal with youth offenders.               
 The division's mission is to protect children, rehabilitate                   
 offenders, and protect the public, which is better accomplished by            
 preventing further delinquency.  DFYS believes it is better to work           
 with parents when possible to improve the family situation than to            
 automatically waive juveniles into adult court.                               
                                                                               
 SENATOR TAYLOR felt because juvenile offenses have increased and              
 law enforcement officers are frustrated in their ability to work              
 with the existing system, a review of other approaches should be              
 undertaken.  He felt a lot of the conflict surrounding juvenile               
 offenders could be resolved by a thorough discussion of the mission           
 of DFYS.                                                                      
 SENATOR TAYLOR adjourned the meeting at 2:40 p.m.                             
                                                                               

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