Legislature(1995 - 1996)
03/11/1996 01:30 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
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.
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