Legislature(2003 - 2004)
03/19/2004 08:05 AM Senate JUD
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SB 340-DETENTION OF MINORS
MS. PATTY WARE, Director of the Division of Juvenile Justice,
Department of Health and Social Services (DHSS), told members
that SB 340 proposes changes to the juvenile delinquency and
alcohol statutes to align with the federal requirements of the
Juvenile Justice and Delinquency Prevention Act (JJDPA), with
respect to holding juveniles in adult jails and juvenile justice
facilities. SB 340 prohibits the state from putting juveniles
who have not committed a crime in either an adult or juvenile
correctional facility solely for their own correction. Current
Alaska statute allows DHSS to place a juvenile in an adult jail
when a juvenile is severely intoxicated or mentally ill and
might pose a danger to self or others. One concern is that
locking up juveniles who have not committed a crime is not best
practice. The second concern is that Alaska statute is out of
compliance with federal requirements, which impacts federal
funding. She emphasized that SB 340 will not impact DHSS's
ability to hold juveniles who have been charged with a
delinquent offense while awaiting transportation to an
appropriate juvenile facility. DHSS has had a range of non-
secure shelters across the state for well over a decade. The
non-secure shelters allow DHSS to provide a safe place for a
young person until a parent or guardian is located. Non-secure
shelters are located in Fairbanks, Juneau, Kenai, Kodiak,
Ketchikan, Valdez and Sitka. DHSS is in the midst of expanding
the non-secure shelter array to Anchorage, Barrow, Wrangell,
Dillingham, Kotzebue, Emmonak, and Hooper Bay and recently
signed a provider agreement in the Mat-Su Valley as well.
MS. WARE asserted that DHSS has been working in close
partnership with the Alaska State Troopers and Department of
Public Safety (DPS) to address this concern. The changes made at
the federal level occurred this past October. She offered to
answer questions.
SENATOR FRENCH asked if DHSS currently maintains separate
facilities across the state for juveniles who are intoxicated
and mentally ill but who have not committed any crimes.
MS. WARE answered that it does; the facilities are run by
grantees of DHSS, primarily non-profit organizations.
SENATOR FRENCH asked what happens in communities with no such
facilities.
MS. WARE said a juvenile would be held at an adult jail, which
is allowed by statute. She noted even if SB 340 passes and it
becomes illegal to hold a juvenile in an adult jail, the federal
government recognizes that states face significant challenges in
meeting the requirements of the federal act. Therefore, each
state is allowed a certain number of violations.
TAPE 04-22, SIDE B
SENATOR OGAN noted it is illegal for a minor to use a controlled
substance. He expressed concern that the state could be opening
itself to liability if a juvenile can't be incarcerated until he
or she sobers up and cools off.
MS. WARE responded that law enforcement could charge a juvenile
who is violent and acting out with a criminal offense, thereby
allowing DHSS to incarcerate the juvenile in an adult jail in a
rural community. SB 340 addresses those juveniles who are
intoxicated and in what is referred to as "protective custody
hold." They have not acted out to the point they should be held
in jail.
SENATOR FRENCH questioned whether a minor in possession offense
is a "jailable" offense.
MS. WARE told members that minor in possession and minor
consuming offenses are considered to be status offenses that are
handled in district court as opposed to superior court.
SENATOR FRENCH acknowledged they are infractions with a $300
fine.
MS. WARE said, in terms of the federal JJPD Act, that would be a
violation because the state would be incarcerating status
offenders as opposed to delinquents.
SENATOR FRENCH maintained that SB 340 will help the state retain
$700,000 of federal money but the fiscal note shows no state
money will be appropriated to increase the number of non-secure
facilities in the state.
MS. WARE indicated that DHSS has requested general funds in the
FY 04 budget for non-secure shelters.
CHAIR SEEKINS asked if SB 340 will cause DHSS to change its
current procedures.
MS. WARE answered:
Mr. Chairman, yes and no in that we've already been
working on this for quite some time. What this will do
is cement the fact that our state statutes will be in
alignment with federal statutes but we've been working
hard on this, frankly, for many, many years. What this
does force us to do is be much more pro-active and
focused in terms of our alignment with essentially
core stakeholders across the state. So, for example,
when the change came down, and I think this is
probably one of the best examples, in Bethel, for
fiscal year 2003, 25 percent of our detention
admissions in our own juvenile facility were related
to protective custody holds. Once we realized that the
feds were going to change the requirement, we worked
hard with the Yukon-Kuskokwim Health Corporation. So
now, instead of law enforcement bringing those kids to
our juvenile facility, they go to a hospital bed
managed by YK, which is both more appropriate for that
juvenile and reduces our overcrowding and also means
that he or she can be plugged into appropriate
behavioral health services. They're also managed by
YK. And we've been doing that in other parts of the
state as well. So Fairbanks, at the local level, has
been working with law enforcement and our staff and
other service providers and they've got, I believe
this just happened last week, six pre-treatment de-tox
beds that FNA Behavioral Health Services is putting on
line to address some of the concerns related to loss
of alternatives in a juvenile justice setting.
CHAIR SEEKINS affirmed that DHSS already has a process in place
that it is following where possible and SB 340 will cause DHSS
to follow that procedure in every case.
SENATOR FRENCH asked if DHSS ever uses private homes as safe
houses in smaller communities.
MS. WARE said she believes law enforcement gets pretty creative
but DHSS does not have specific safe houses in identified
communities. She added she does not want to overstate the level
of the problem. DHSS has adult jails or lock-ups in about 138
communities. The violation sites number 23. Therefore, while
DHSS faces a challenge every day in terms of the sites where
alternatives must be provided, the number of those sites is
small.
SENATOR FRENCH asked if a violation site has no facility
available for juveniles.
MS. WARE replied, "A violation site is a site where yes, there
may not be alternatives, but for a range of reasons, either due
to turnover at the VPSO level, a whole bunch of factors, we end
up fairly regularly putting a kid in an adult jail."
CHAIR SEEKINS announced that we would hold SB 340 in committee
and adjourned the meeting at 9:00 a.m.
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