Legislature(1997 - 1998)

01/28/1997 03:03 PM House HES

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE HEALTH, EDUCATION AND SOCIAL                              
                  SERVICES STANDING COMMITTEE                                  
                        January 28, 1997                                       
                           3:03 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Con Bunde, Chairman                                            
 Representative Joe Green, Vice Chairman                                       
 Representative Al Vezey                                                       
 Representative Brian Porter                                                   
 Representative Fred Dyson                                                     
 Representative J. Allen Kemplen                                               
 Representative Tom Brice                                                      
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members present                                                           
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 HOUSE BILL NO. 6                                                              
 "An Act amending laws relating to the disclosure of information               
 relating to certain minors."                                                  
                                                                               
      - MOVED CSHB 6(HES) OUT OF COMMITTEE                                     
                                                                               
 HOUSE CONCURRENT RESOLUTION NO. 4                                             
 Relating to records generated and maintained by the Department of             
 Health and Social Services.                                                   
                                                                               
      - MOVED HCR 4 OUT OF COMMITTEE                                           
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 6                                                                 
 SHORT TITLE: RELEASE OF INFORMATION ABOUT MINORS                              
 SPONSOR(S): REPRESENTATIVE(S)                                                 
 KELLY,Therriault,Vezey,Ogan,Dyson,Phillips,Ryan                               
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 01/13/97        28    (H)   PREFILE RELEASED 1/3/97                           
 01/13/97        28    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        28    (H)   HES, JUDICIARY                                    
 01/14/97        59    (H)   COSPONSOR(S): PHILLIPS                            
 01/23/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 01/23/97              (H)   MINUTE(HES)                                       
 01/28/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 BILL:  HCR 4                                                                
 SHORT TITLE: SEPARATE RECORDS FOR DELINQUENTS & CINA                          
 SPONSOR(S): REPRESENTATIVE(S) KELLY,Phillips,Dyson,Ryan                       
                                                                               
 JRN-DATE     JRN-DATE             ACTION                                      
 01/13/97        21    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        21    (H)   HES, FINANCE                                      
 01/14/97        59    (H)   COSPONSOR(S): PHILLIPS                            
 01/15/97        78    (H)   COSPONSOR(S): DYSON                               
 01/23/97              (H)   HES AT  3:00 PM CAPITOL 106                       
 01/23/97              (H)   MINUTE(HES)                                       
 01/28/97              (H)   HES AT  3:00 PM CAPITOL 106                       
                                                                               
 WITNESS REGISTER                                                              
                                                                               
 REPRESENTATIVE PETE KELLY                                                     
 Alaska State Legislature                                                      
 Capitol Building, Room 411                                                    
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 465-2327                                                    
 POSITION STATEMENT:  Sponsor of HCR 4 and HB 6                                
                                                                               
 MARGOT KNUTH, Assistant Attorney General                                      
 Central Office                                                                
 Criminal Division                                                             
 Department of Law                                                             
 Representing the Governor's Children's Cabinet                                
 P.O. Box 110300                                                               
 Juneau, Alaska  99811-0300                                                    
 Telephone:  (907)  465-3191                                                   
 POSITION STATEMENT:  Testified on HCR 4 and CSHB 6(HES)                       
                                                                               
 TOM BEGICH, Executive Committee Member                                        
 Governor's Conference on Youth and Justice                                    
 P.O. Box 14277                                                                
 Anchorage, Alaska  99514-2711                                                 
 Telephone:  (907) 243-7713                                                    
 POSITION STATEMENT:  Testified on HCR 4 and CSHB 6(HES)                       
                                                                               
 ROBERT BUTTCANE, Juvenile Probation Officer III                               
 Anchorage Intake Unit                                                         
 Division of Family and Youth Services                                         
 Department of Health and Social Services                                      
 2600 Providence Drive                                                         
 Anchorage, Alaska  99508                                                      
 Telephone:  (907) 562-2285                                                    
 POSITION STATEMENT:  Testified on CSHB 6(HES)                                 
                                                                               
 AL NEAR                                                                       
 P.O. Box 80847                                                                
 Fairbanks, Alaska  99708                                                      
 Telephone:  (907) 479-4090                                                    
 POSITION STATEMENT:  Testified in support of HB 6                             
                                                                               
 JUDY SHIFFLER                                                                 
 929 Reindeer Drive                                                            
 Fairbanks, Alaska  99709                                                      
 Telephone:  (907) 479-6104                                                    
 POSITION STATEMENT:  Testified in support of HB 6                             
                                                                               
 BRUCE FOOTE                                                                   
 P.O. Box 80809                                                                
 Fairbanks, Alaska  99708                                                      
 Telephone:  (907) 479-6813                                                    
 POSITION STATEMENT:  Testified before the committee                           
                                                                               
 JOAN FOOTE                                                                    
 P.O. Box 80809                                                                
 Fairbanks, Alaska  99708                                                      
 Telephone:  (907) 479-6813                                                    
 POSITION STATEMENT:  Testified on CSHB 6(HES)                                 
                                                                               
 BARBARA BRINK, Director                                                       
 Alaska Public Defender Agency                                                 
 900 West Fifth Avenue                                                         
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 264-4400                                                    
 POSITION STATEMENT:  Testified on CSHB 6(HES)                                 
                                                                               
 LAURA ROREM                                                                   
 9151 Parkwood Drive                                                           
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 789-1647                                                    
 POSITION STATEMENT:  Testified on CSHB 6(HES)                                 
                                                                               
 L. DIANE WORLEY, Director                                                     
 Central Office                                                                
 Division of Family and Youth Services                                         
 Department of Health and Social Services                                      
 P.O. Box 110630                                                               
 Juneau, Alaska  99811-0630                                                    
 Telephone:  (907) 465-3191                                                    
 POSITION STATEMENT:  Testified on CSHB 6(HES) and HCR 4                       
                                                                               
 CHRIS CHRISTNESEN, Staff Counsel                                              
 Office of the Administrative Director                                         
 Alaska Court System                                                           
 820 West Fourth Street                                                        
 Anchorage, Alaska  99501                                                      
 Telephone:  (907) 264-8228                                                    
 POSITION STATEMENT:  Testified on CSHB 6(HES) and HCR 4                       
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-3, SIDE A                                                             
 Number 0001                                                                   
                                                                               
 CHAIRMAN CON BUNDE called the House Health, Education and Social              
 Services Committee meeting to order at 3:03 p.m.  Members present             
 at the call to order were Representatives Bunde, Porter, Dyson,               
 Kemplen and Brice.  Representative Green joined the committee at              
 3:04 p.m. and Representative Vezey joined the committee at 3:09               
 p.m.  This meeting was teleconferenced to Anchorage and Fairbanks.            
 HB 6 RELEASE OF INFORMATION ABOUT MINORS                                    
 HCR 4 SEPARATE RECORDS FOR DELINQUENTS & CINA                               
                                                                               
 Number 0042                                                                   
                                                                               
 CHAIRMAN BUNDE announced the agenda included HB 6 "An Act amending            
 laws relating to the disclosure of information relating to certain            
 minors." and HCR 4, Relating to records generated and maintained by           
 the Department of Health and Social Services.  He stated that the             
 committee had adopted a committee substitute version of HB 6 at the           
 last meeting.  He said there were amendments before the committee             
 for CSHB 6(HES).                                                              
                                                                               
 Number 0135                                                                   
                                                                               
 REPRESENTATIVE PETE KELLY, sponsor of HB 6 and HCR 4, responded to            
 questions raised at the January 23, 1997 committee meeting.  He               
 referred to a question raised by Representative Brice regarding               
 what other states were doing regarding confidentiality.  He said              
 that some people had received a handout from the Division of Family           
 and Youth Services (DFYS).  On page 36 of this handout, it                    
 essentially talks about the fact that in 22 states juvenile court             
 records are open and 39 states make some provision for disclosure             
 of youthful offenders.  He said that CSHB 6(HES) does not explore             
 any new territory with the disclosure of juvenile records.                    
                                                                               
 Number 0231                                                                   
                                                                               
 REPRESENTATIVE KELLY referred to Representative Porter's question             
 regarding the federal 4E funds that will be placed in some jeopardy           
 with the passage of CSHB 6(HES).  He referred to an attachment                
 which provides the language surrounding the 4E funds.  He said he             
 is not an expert of this language and referred any questions                  
 regarding it to DFYS.                                                         
                                                                               
 Number 0271                                                                   
                                                                               
 REPRESENTATIVE KELLY referred to Representative Kemplen's questions           
 regarding the tiering and why CSHB 6(HES) was not developed more              
 along the lines of the three strikes and you're out.  He said he is           
 open to a discussion regarding this concept and any amendments                
 would be given consideration by him.                                          
                                                                               
 REPRESENTATIVE KELLY said he believed that covered the questions              
 from the previous meeting.                                                    
                                                                               
 Number 0308                                                                   
                                                                               
 REPRESENTATIVE FRED DYSON said testimony given at the previous                
 meeting indicated a loss of $7 million, and then $900,000 in funds            
 because the state would no longer comply with federal regulations.            
 He asked if Representative Kelly's research backed up that loss.              
                                                                               
 REPRESENTATIVE KELLY said HCR 4 will prevent the state from losing            
 $7 million.  The $700,000 is still a number for debate.  He said he           
 was not completely convinced that the state will lose the $700,000,           
 but there are those within DFYS who make a good case that in fact             
 we will.  He said he would defer the question to them.  He said, at           
 this point, he will make the assumption that the state will lose              
 $700,000 in federal funds.  If the Department of Health and Social            
 Services (DHSS) goes ahead and runs with HCR 4 and reorganize DFYS,           
 the state will not lose $7 million.                                           
                                                                               
 Number 0400                                                                   
                                                                               
 REPRESENTATIVE DYSON asked him to explain the reorganization of               
 DFYS.  He said he assumed it separates the Children in Need of Aid            
 (CINA) kids from the kids involved in the juvenile justice system.            
 He asked how this reorganization solves the problem.                          
                                                                               
 Number 0440                                                                   
                                                                               
 REPRESENTATIVE KELLY said it has to do with separating CINA from              
 the delinquent kids and the records of each.  He said DHSS as it is           
 currently structured does not make consideration for their                    
 difference, it treats them essentially the same for federal                   
 purposes.  He said they are kind of mixed together.  He said he               
 would feel much more comfortable, because of the vagaries of the              
 restructuring, if DHSS answered the question.                                 
                                                                               
 Number 0490                                                                   
                                                                               
 REPRESENTATIVE DYSON said a major argument against CSHB 6(HES) has            
 to do with the labeling or branding of kids that will follow them             
 the rest of their lives and asked him to comment on that.                     
                                                                               
 REPRESENTATIVE KELLY said it is a possibility that needs to be                
 addressed.  He said he is of the opinion that the protection of the           
 public is of greater concern to the state.  He said there are kids            
 that are dealing in heinous crimes before they are brought to the             
 attention of the public by being waived into adult court.  He said            
 these kids are playing with our kids, they are our kids, they are             
 babysitting our kids, in our kids schools, on the basketball teams            
 and the like.  He said the threat to public safety that is                    
 represented by the public not knowing who these kids are far                  
 outweighs any stigma to them in later life.                                   
                                                                               
 REPRESENTATIVE KELLY said the other thing, which was said in                  
 testimony last week, was that as a community we cannot come to the            
 aid of these kids unless we know who they are.  He said if he had             
 a nephew who was having trouble, he would want to know about it.              
 He would want to take him out hunting or something like that and              
 ask him what is going on, what is with you, what can we do to help.           
 He said, absent the knowledge that this is going on, the community            
 cannot come to the aid of that kid in even the most rudimentary               
 fashion of taking him out to have some fries or something if you              
 know him and want to talk to him.                                             
                                                                               
 REPRESENTATIVE KELLY said, more specifically to address that                  
 question, it has been suggested that we seal the records in the               
 future.  The record is open and if the kid is clean for five years            
 then the record is sealed back up.  Everyone shakes hands says you            
 did well you came through this and now we're going to just treat              
 you like everyone else.  He said he did not have an objection to              
 putting that change in CSHB 6(HES).  He said it addresses the                 
 problem.  Once you add this change then the whole argument over               
 stigma or whether we open the record regarding misdemeanors or                
 felonies becomes less important because the kid will then get that            
 second chance later on.                                                       
                                                                               
 Number 0662                                                                   
                                                                               
 REPRESENTATIVE DYSON said he agreed with Representative Kelly and             
 said there is an additional benefit which is to get the kid's                 
 attention.  He said, of the kids he knows that are involved with              
 criminal activities, the most difficult thing to do is to get their           
 attention.                                                                    
                                                                               
 Number 0691                                                                   
                                                                               
 CHAIRMAN BUNDE said the committee would take overview testimony               
 from the bill sponsor, departments, hear from the testimony from              
 people on teleconference and then the committee would address the             
 amendments.                                                                   
                                                                               
 Number 0719                                                                   
                                                                               
 CHAIRMAN BUNDE referred to the $700,000 potential loss and said he            
 explored this in a slightly different venue with adult criminals.             
 He said the costs to catch them, prosecute them, re-catch them, re-           
 prosecute, ad nauseam and what they cost the public in damages,               
 lost property, time which are pure financial costs and do not                 
 include the mental and emotional costs.  He asked if this aspect              
 had been looked at that in comparison with the $700,000.  He said             
 it is claimed that a single adult felon does $200,000 worth of                
 damage a year.                                                                
                                                                               
 Number 0765                                                                   
                                                                               
 REPRESENTATIVE KELLY said he thought you could make the case that             
 there is prevention in CSHB 6(HES), that if a youthful offender was           
 worried about the stigma they might be less inclined to commit some           
 crimes.  He clarified that Chairman Bunde was referring to the fact           
 that there would be fewer crimes.                                             
                                                                               
 Number 0790                                                                   
                                                                               
 CHAIRMAN BUNDE said yes, or if we don't do something there will be            
 more crime.  He said we might still get the $700,000 but maybe the            
 state will lose $1 million because of additional property damage              
 and cost to the community.                                                    
                                                                               
 Number 0793                                                                   
                                                                               
 REPRESENTATIVE KELLY said he could not tell him, on a one for one             
 basis, what the difference of having disclosure would make.  He had           
 not heard of any nationwide statistics that could actually give a             
 number.                                                                       
                                                                               
 Number 0808                                                                   
                                                                               
 REPRESENTATIVE BRIAN PORTER said he would address questions                   
 concerning the $700,000 loss to DFYS.                                         
                                                                               
 Number 0883                                                                   
                                                                               
 MARGOT KNUTH, Assistant Attorney General, Central Office, Criminal            
 Division, Department of Law, Representing the Governor's Children's           
 Cabinet, was next to testify.  She said the Administration                    
 generally agrees with the principle that more public disclosure of            
 juvenile criminal records.  She said this question has been looked            
 at by DHSS, Public Safety, Department of Law, Department of                   
 Community of Regional Affairs and the Department of Corrections               
 about where the lines should be drawn.  She said an important line            
 is disclosure of felonies versus misdemeanors.  The purpose of                
 disclosure can be a measure to protect the public and therefore it            
 makes sense to distinguish between misdemeanors and felonies.                 
 Those who commit felonies present a greater and different risk to             
 the community than those who are committing misdemeanors.                     
                                                                               
 MS. KNUTH said a second purpose of public disclosure is to use it             
 as a tool for getting the juvenile's attention.  She would suggest            
 that there are other ways of doing that, especially with                      
 misdemeanants, that can be much more effective because what you               
 want to do is address that juvenile's circumstances.  She said to             
 go through a public disclosure that says who the child is, who the            
 child's parents but isn't tailored to that kid's circumstances.               
 The Administration's position is going to be that we should be                
 using community action to address, particularly regarding                     
 misdemeanants, a specific intervention for those juveniles.                   
                                                                               
 MS. KNUTH said if you are in Elim or Koyuk it might be a village              
 community court.  If you are in Anchorage it could be a hearing               
 officer system.  She said this action would provide eye to eye                
 contact and a process to go through where you are ordered to pay              
 restitution, where you are ordered to perform community work                  
 service and where, if you don't do these things, you can be                   
 sentenced or sent back to DHSS for a juvenile delinquency                     
 proceeding.  It would be a hammer to hold over their head.  She               
 said this would be more effective for dealing with those kids than            
 simply creating a public record for them.                                     
                                                                               
 Number 1027                                                                   
                                                                               
 MS. KNUTH said the downside of creating a public record, especially           
 for misdemeanants, is that every employer is going to want to have            
 that information when making a hiring decision for kids.  She said            
 ages 16, 17, 18, 19 and 20 are most important  for these kids to              
 become productive, contributing members of society.  She said if              
 you have this public record forum, these kids are not going to be             
 hired.  These kids might be the ones who need the jobs the most to            
 be able to turn the corner.                                                   
                                                                               
 Number 1057                                                                   
                                                                               
 MS. KNUTH said the five year provision for sealing the records does           
 not address this because you have to be clean for five years.  She            
 said if you are 14, 15 or 16 when you commit the offenses, it will            
 be on your record for employers, the United States Armed Service to           
 see until you are 19, 20 and 23.  It means that you are going past            
 a critical time when these kids ought to be able to get good jobs.            
                                                                               
 Number 1094                                                                   
                                                                               
 MS. KNUTH said, in terms of using disclosure as a tool of                     
 prevention, it assumes a reasonableness in the rationality to a               
 youthful population that we don't actually have a basis for                   
 attributing them.  She said kids are impulsive, hormonally driven             
 and have bad impulse control.  They are judgement impaired.  She              
 said that is why traditionally we have had two systems; the                   
 juvenile system and the adult system.  It is like you are crazy               
 until you get to a certain point of life experience where suddenly            
 you are able to make the connections, that you say, "Oh, yeah, what           
 I do today has an impact on tomorrow.  Turning in my homework or              
 not turning in my homework actually makes a difference in my G.P.A.           
 and what college I get to go to."                                             
                                                                               
 Number 1143                                                                   
                                                                               
 MS. KNUTH questioned at what point, physiologically and                       
 sociologically, kids actually are making connections and making               
 rational decisions.  She said it is much closer to 16 than it is to           
 13 or 14 or even 15.  It is for that reason that the Administration           
 supports a bill that opens the records for those who are 16 and               
 older because at that point they have been given a lot of                     
 privileges and responsibilities under our existing statutes.  It is           
 at age 16 that you can get a driver's license, you can petition the           
 court for emancipation, consent to sexual relations and you are               
 required to get a fishing license.  There are a whole host of                 
 activities; both privileges and responsibilities that we peg on               
 kids at that age.  She said this could be one more of these interim           
 measures which would say that you are not an adult yet, but you are           
 no longer going to be coddled.                                                
                                                                               
 Number 1293                                                                   
                                                                               
 MS. KNUTH said she believed DHSS has some more specific information           
 they can provide about what group of kids we are talking about and            
 what their capabilities are.  She noted in the material the sponsor           
 provided, when he talked about 22 states and 39 states, their                 
 disclosure regards serious and violent juvenile crime.  She said              
 when we are looking at what other states are doing, they are doing            
 the same thing that we are proposing in Alaska.  The states are               
 starting with the kids that are committing the felony offenses, the           
 felonies that are crimes against a person and basically approaching           
 this in a multi-step fashion.  Let's start with those kids, those             
 offenses with the possibility of opening up later on.  She said it            
 is awfully hard to unring a bell or to change a practice in the               
 law, in public disclosure to go back to confidentiality.  She said            
 other states are using a stepping stone approach.                             
                                                                               
 Number 1340                                                                   
                                                                               
 REPRESENTATIVE DYSON said all of the things that the Administration           
 is suggesting would be appropriate public and community responses             
 to misdemeanor offenses and said there is nothing in CSHB 6(HES)              
 that would preclude the community from doing all of those things.             
                                                                               
 Number 1357                                                                   
                                                                               
 MS. KNUTH said there is not, but it could work at cross purposes              
 with the community's response to the public disclosure.  For                  
 example, one of the options that is available is a victim-offender            
 mediation and there are instances where that is best done privately           
 rather than in a public forum.  She said the victim could feel more           
 comfortable without that publicity.  She said there is nothing                
 inherently inconsistent, but there might be inconsistencies                   
 depending on what the community approach is going to be.                      
                                                                               
 MS. KNUTH noted that statistically virtually every person in this             
 room has committed a crime sometime in their life.  She said it is            
 true of all these children here and the question is whether they              
 got caught and what happened as a result of it.  She said we can't            
 get through our lives without running up against these walls.  She            
 said sometimes what it is to be a kid, is finding out where the               
 limits are.  Sometimes they find these limits by going over the               
 edge.                                                                         
                                                                               
 Number 1430                                                                   
                                                                               
 REPRESENTATIVE DYSON said that one of his foster kids did 70                  
 burglaries before he was 12 years old.  He was smart and only                 
 ripped off coke dealers because they never went to the cops and               
 always had lots of cash.  He never took all their money and most of           
 the time they never knew they had been ripped off.  He was in the             
 criminal justice system.  When he was 17, he got a job as a                   
 security guard and has been successful at that.  He asked if her              
 position would be that the firm that hired his foster son had no              
 right to know how successful a cat burglar he had been as a                   
 juvenile.                                                                     
                                                                               
 MS. KNUTH said that is correct.  If this person is to have the                
 benefit of being a juvenile and has not been waived to adult court,           
 then yes, there are times when we err on one side or the other.  We           
 would like to target that one person.  The question is how do you             
 target just that one person.  She said we hear five or six or seven           
 bad stories like that which make us very uncomfortable.  She asked            
 what we should do about the 35,000 kids that had minor consuming or           
 shop lifting, the most commonly committed offense in the United               
 States.                                                                       
                                                                               
 Number 1530                                                                   
                                                                               
 REPRESENTATIVE DYSON referred to another example in his home where            
 a 6 year old girl was molested by a 13 year old on Christmas Eve.             
 He said that after the offense they found out that the boy had two            
 prior convictions in California and his favorite way of expressing            
 his anger was to set people's house on fire.  He said he wished he            
 had known this information.                                                   
                                                                               
 REPRESENTATIVE DYSON said he is now dealing with the tragedy of the           
 6 year old who had been traumatized.  He said you cannot make laws            
 based on the hard cases, but most of the 15 foster kids he had were           
 sexually molested many of them by other juveniles.  He said that is           
 why many people are concerned and predisposed, for the sake of                
 protecting against further victims, that we err on the side of the            
 victims.                                                                      
                                                                               
 REPRESENTATIVE DYSON said hopefully the boy's attention has been              
 gotten and that maybe the resources can be gotten.  He said unless            
 you get his attention and put him in a lock-up facility that his              
 actions will just continue with more and more victims.  He said it            
 is for the concern of the future victims that sets us on this                 
 course and is at the heart of what the sponsor is after.  He asked            
 what she would do.                                                            
                                                                               
 Number 1597                                                                   
                                                                               
 MS. KNUTH said the first thing she would do is a measure that is              
 sitting on her desk.  The measure would have a juvenile sex                   
 offender task force appointed in this state because Representative            
 Dyson identified one of the most accessible problems that the state           
 can start doing something about.  She said juvenile sex offenders             
 do not have any special treatment available to them in this state             
 at this point.  By the time they become adults the number of                  
 victims that they have already can be discouraging.  She said we              
 need to address this problem, both for the offender and for all of            
 our other children.  Somewhere this cycle has to be broken.                   
                                                                               
 REPRESENTATIVE DYSON said he was waiting for her to say that we               
 need to do something for the potential victims.                               
                                                                               
 Number 1650                                                                   
                                                                               
 CHAIRMAN BUNDE said this shows the intensity of our concern,                  
 however, he felt he needed to bring the testimony back to CSHB
 6(HES).  He said even though this discussion does impact CSHB
 6(HES) on a tangent maybe it doesn't address the focus of what we             
 are trying to do.  He said the committee will have the opportunity            
 of pursuing this discussion further.  He said he keeps saying that            
 we all have the same goal, but the routes there are probably a bit            
 different.                                                                    
                                                                               
 Number 1678                                                                   
                                                                               
 REPRESENTATIVE JOE GREEN referred to Ms. Knuth's comment that                 
 statistically everyone in this room has committed a crime.  He said           
 it is a crime, not crimes and said CSHB 6(HES) addresses is the               
 second time a juvenile is caught, not the second time he has done             
 something.  He expressed concern that we read the statistics saying           
 that somewhere in the neighborhood of 95 percent of the crimes are            
 committed by 5 percent of the people.  He said a small number of              
 people do most of the crimes.  A lot of us may have statistically             
 committed a crime, got caught, got our knuckles rapped and decided            
 we would not do that again.  He said, perhaps, if that is true then           
 the majority of the people that get caught the first time are not             
 even going to be involved in CSHB 6(HES).  It is those people that            
 repeat the crime and get caught.  He asked if we are really looking           
 at a small segment of the population when we are talking about                
 repeat offenders as opposed to all juveniles considered.                      
                                                                               
 Number 1734                                                                   
                                                                               
 MS. KNUTH said that if we were talking about adjudications for                
 delinquency and you were talking about a second one, then that                
 might be a viable distinction in the population.  She said one of             
 the things that this committee is looking at, and you can make a              
 strong argument for, is that it ought to include the informal                 
 adjustments as well.  She said this would mean backing up into time           
 to those cases that don't make it to court, but there is action               
 that is going on.  She said there are a number of kids that are in            
 this hiatus of their life where it isn't simply one offense, but              
 one peak of an episode of ongoing shoplifting, ongoing acting out.            
 She said she would be concerned if he was talking about second                
 adjustments, because that could be just a part of this episodic               
 incident.  She guessed that when we say that people commit one                
 crime and then don't come back to the system, we mean that they               
 don't come back to the formal system of getting to court twice for            
 these convictions.  She said there might be kids that are                     
 floundering short of that if we are looking at adjustments.                   
                                                                               
 Number 1792                                                                   
                                                                               
 REPRESENTATIVE GREEN said if that was the case, then the system is            
 not handling them properly.  He expressed concern that we are                 
 erring on the side of caution to prevent psychologically marking              
 these children.  We are concerned that society won't let these kids           
 go into the service or that society will frown on them until they             
 finally get their act together at age 16 or 17.                               
                                                                               
 REPRESENTATIVE GREEN asked why society had to incur the problems              
 and make dispensations and compensations for a small group of                 
 people that create crimes or problems, when a vast majority of the            
 teenagers don't get involved in this.  They know what the rules are           
 and abide by the rules.  He said they might push the envelope about           
 getting in late, but most teenage kids are good kids.  He said we             
 hear about the bad teenage kids.  We are trying to do something               
 about the bad teenage kids to protect society because society has             
 been taking it on the chin for too long.  He said CSHB 6(HES) is an           
 attempt to address those who are repeat offenders and let society             
 be aware of them.  If society does want to help, and he thinks they           
 would, they would at least know who they are.  He said the Dysons             
 of the world would know that this boy coming into their home is an            
 arsonist and someone else knows that this kid has been down the               
 road a couple of times.  He said otherwise we are fat, dumb and               
 happy and have made ourselves a target.                                       
                                                                               
 Number 1913                                                                   
                                                                               
 REPRESENTATIVE TOM BRICE clarified that the Administration does not           
 have a problem with making public the names of felons.  He said we            
 currently do that under the juvenile waiver bill where unclassified           
 and Class A felons are automatically waived and their names become            
 public.  He said instances of sexual assault are felonies and                 
 clarified that no one has said that this should not be made                   
 available to a foster parent by any means.                                    
                                                                               
 REPRESENTATIVE BRICE asked if arson was a misdemeanor or felon.               
                                                                               
 Number 1958                                                                   
                                                                               
 MS. KNUTH said that arson is a felony.                                        
                                                                               
 REPRESENTATIVE BRICE said that no one is saying that information              
 should not be available.                                                      
                                                                               
 Number 1967                                                                   
                                                                               
 CHAIRMAN BUNDE said the Administration's bill says that if you are            
 age 16 and commit one of these felonies, then the information is              
 available.  Currently, if you are 14 and you commit anything, that            
 doesn't waive you to adult court, it is kept confidential.                    
                                                                               
 Number 1992                                                                   
                                                                               
 TOM BEGICH, Executive Committee Member, Governor's Conference on              
 Youth and Justice and has also served on the (indiscernible) Health           
 Advisory Committee and is the National Chair on the Coalition for             
 Juvenile Justice.  He said the issues discussed in the committee              
 today were discussed at length at the Governor's Conference.  He              
 said, through that process, everyone agreed that more disclosure              
 was necessary and said they arrived at the benchmark of 16 to 17              
 year old.  He said assault in the third degree, those assaults that           
 were felonies against a person, etc. were also included in which              
 names should be disclosed.  He said these benchmarks were arrived             
 at after a lot of deliberation with arguments on both sides.  He              
 said he appreciated that Representative Kelly brought these                   
 arguments forward.                                                            
                                                                               
 MR. BEGICH said he wanted to express his support for the position             
 that the Administration has made.  He said stigmatization does                
 exist for less violent juvenile offenders and is something that               
 needs to be considered.  The five year possibility is an issue                
 because once those records go into the system, they are there                 
 permanently because computer services and other private companies             
 can draw those records.  He said Motznik Computer Services in                 
 Anchorage does this, so the records actually become permanent.  He            
 said if you had a Suspended Imposition of Sentence (SIS) some years           
 ago, he could go back and pull your record to show that you had a             
 conviction in the past, regardless of whether your record had been            
 cleared.                                                                      
                                                                               
 Number 2072                                                                   
                                                                               
 MR. BEGICH said the possibility that you would give a potentially             
 non-violent offender fame among their peers is another issue.  He             
 said the possibility that you would give them fame among their                
 peers is another issue.  He said he could not stress strongly                 
 enough the ability of community service in turning juveniles                  
 around.  He said we have all been concerned about juvenile crime              
 over the last few years, but records in Anchorage, in 1985, showed            
 a direct decline in juvenile crimes except the most heinous crime             
 of murder.  He said this figure increased by two actual murders.              
 He said the first half of 1986 and the last statistics that were              
 available, showed a continuing rate of decline.                               
                                                                               
 MR. BEGICH said U.S. Attorney General Reno recently in early                  
 December, released information that showed 13 to 14-year-olds led             
 the decline in the national juvenile crime rate which has reversed            
 over the last few years and has begun to decline dramatically.  He            
 said, statistically, the community service effort in addition to              
 more cops on the streets, which has occurred both nationally and in           
 the state of Alaska, has had an impact specifically on juvenile               
 crime.  He said there is some speculation that programs such as               
 Youth Court in Anchorage and other programs, which are slapping a             
 stigma from peers on these first time offenders, are having a                 
 direct impact on those less violent offenders.                                
                                                                               
 Number 2106                                                                   
                                                                               
 MR. BEGICH referred to Representative Dyson's comments and said in            
 regard to the foster son, California would also have to have a law            
 that opened up its records.  He said you would want the same type             
 of bill as CSHB 6(HES) would be available in other states.  He said           
 the juvenile that committed 70 crimes and never got caught, never             
 got caught and those are not records that could not necessarily be            
 found.  "And in terms of the sex offender, I am in complete                   
 agreement.  I think that in all three of these incidences, if there           
 is a criminal record now, I personally believe that a foster parent           
 ought to know.  That is different though than public disclosure.              
 It is (indiscernible due to coughing) as opposed to something that            
 goes public, and I think that could probably be accommodated in               
 your bill."                                                                   
                                                                               
 Number 2194                                                                   
                                                                               
 MR. BEGICH said there are some recent statistics from the Rand                
 Group of California that indicate the most cost effective way of              
 reducing the amount of community costs that juvenile crime leads to           
 over the lifetime of the juvenile, is prevention and incentives in            
 high school.  He said this is precisely the age group that is                 
 effected by CSHB 6(HES).  He reiterated his support of CSHB 6(HES),           
 but perhaps changing the language so that it reads age 16 and above           
 and for assault in the third degree, keeping in mind that we want             
 to separate out those who are most violent.  He said we all have a            
 commitment to protect the public from those that are most violent             
 while trying to insure that we don't continue to shift and divert             
 costs to stigmatize kids and end up becoming criminals because they           
 get the tag.  He said in a sense they are treated as throw aways by           
 society.                                                                      
                                                                               
 Number 2238                                                                   
                                                                               
 MS. KNUTH said she felt obliged to note that the Administration's             
 position isn't to disclose all felonies, but felony crimes against            
 a person, so it is a little narrower.                                         
                                                                               
 Number 2247                                                                   
                                                                               
 ROBERT BUTTCANE, Juvenile Probation Officer III, Anchorage Intake             
 Unit, Division of Family and Youth Services, Department of Health             
 and Social Services was next to testify.  He said he personally and           
 professionally has a strong commitment to the protection and safety           
 of the community.  He said that is half of what his job                       
 responsibility is as a juvenile probation officer.  The other half            
 of his job responsibility is to meet the needs of youth in an                 
 endeavor to prevent subsequent delinquent behavior.  He said it is            
 a constant balancing act.  He questioned when the need for public             
 safety outweighs the issue of addressing the treatment needs of the           
 kid.  Some of those decisions are pretty cut and dried when we are            
 talking about sexual assault in the first degree.                             
                                                                               
 MR. BUTTCANE said sharing that information, as needed, will help              
 insure the public safety.  He questioned whether or not it put the            
 community at risk when some young person takes their mother's ATM             
 card and withdraws $20 to go out dancing.  He questioned whether              
 this family condition should be broadcast to the public.  He said             
 it is not an easy thing to decide where to draw the line.  He is              
 glad this issue has come to the public table and it is time to take           
 at look at what does not suit the conditions of our world today.              
                                                                               
 MR. BUTTCANE said he had some concerns about Section 2 and Section            
 5 of CSHB 6(HES).  He said when he looks at the issues of balancing           
 to meet the needs of the youth and to protect the public safety,              
 these two sections start to move in a direction that throws things            
 out of balance.  He said he would focus on those provisions of                
 Section 5 regarding second time offenders.                                    
                                                                               
 MR. BUTTCANE said it is not an uncommon case scenario for his                 
 office staff in Anchorage to run across a situation where a younger           
 teenager had been caught shoplifting at the Dimond Center.  He said           
 most of the time these are very minor shoplifts such as a t-shirt,            
 a candy bar or something of small economic value, but illegal                 
 nonetheless.  He said his office gets the original referral, do an            
 intake interview with the family and in those cases, absent any               
 other presenting issue, the office refers that juvenile to an anti-           
 shoplifting class.                                                            
                                                                               
 TAPE 97-3, SIDE B                                                             
 Number 0000                                                                   
                                                                               
 MR. BUTTCANE said the juvenile attends the class and that is the              
 end of it.  He said the Dimond Center issues a trespass advisory to           
 the child saying that for a period of time; sometimes a month, six            
 months, sometimes a year the child may not set foot on the Dimond             
 Center grounds and if you do then you will be arrested for                    
 trespassing.  He said you get a 14-year-old, who has shoplifted one           
 time, but days, weeks and months later gets arrested for a criminal           
 trespass in the second degree.  He said, as he understood the                 
 provisions in CSHB 6(HES), at that point the juvenile's name would            
 be published publicly.  He said that 14-year-old does not present             
 any significant risk to the public's safety given the behavior and            
 the circumstances that child comes with.                                      
                                                                               
 Number 0031                                                                   
                                                                               
 MR. BUTTCANE said what he has found with second time juvenile                 
 offenders typically present themselves with a number of common                
 issues.  Some of those issues relate to family stresses of some               
 nature, such as parents going through a divorce or have divorced.             
 It might be an authority control issue between a parent and a step-           
 parent or a single parent issue.  He said there are family stresses           
 at the parental level.  There might be financial issues where the             
 family is struggling to meet their bills.  He said their                      
 interaction within the family home comes out of all these concerns.           
 There might be other children in the family and added that it is              
 not so unusual that there is a baby in the family that is requiring           
 a great deal of extra attention by the parents, so the 14 year old            
 is left to their own devices.                                                 
                                                                               
 MR. BUTTCANE said he sees the 14-year-old unsupervised afterschool,           
 typically not doing well in school, not particularly hooked into              
 any kind of constructive activity and they tend to associate with             
 a more fringe or negative peer group.  He said it is not that they            
 are presenting themselves as truly criminally minded, but they are            
 drifting.  They are sort of on the fence of whether or not they are           
 going to grow up, get their act together and hook into something              
 positive or whether they are indeed going to go on to take steps to           
 become career criminals in gangs or whatever.                                 
                                                                               
 Number 0102                                                                   
                                                                               
 MR. BUTTCANE said he has found, in those situations, what works               
 best is when you can sit down with that second time offender and              
 take real specific corrective action to address the whole variety             
 of presenting issues.  You sit down with the mom and dad and start            
 to suggest ideas about how to parent an adolescent.  He said it is            
 sometimes a challenge to figure out what a teenager is all about.             
 Some parents have never had discussions with anyone about what is             
 the difference between an 8-year-old and the 14-year-old except the           
 parents know they are going insane while the 14-year-old is growing           
 up.  He said you suggest to the parents that they start looking at            
 how they might respond to the kid in a different way that will                
 produce a more positive result.  You might discuss with the family            
 what their options are to provide afterschool supervision.  A                 
 special funds request might be sent to DFYS regional office to get            
 some additional monies to get this kid into karate class.  He said            
 it is those hours between afterschool and before mom or dad get               
 home when these trespass problems, these little issues.  He said              
 you specifically identify what it is that brought the young person            
 there, what it was that seemed to contribute to the delinquent                
 behavior and then you go to work to solve that.                               
                                                                               
 Number 0155                                                                   
                                                                               
 MR. BUTTCANE said if this case moved into the public spotlight, his           
 ability to be able to engage the parent in a willing process to try           
 something a little different such as engaging them in a parenting             
 classes to give them some understanding about adolescents might not           
 work.  Moving the case into the public spotlight gives parents more           
 reason to say, "You're a bad kid.  We don't have anything to do               
 with this.  You're the one that messed up.  You're responsible."              
 He said when you look at the whole picture, it is a lot more                  
 complex than just a black and white, did the kid make the right               
 decision or not by stepping foot on the Dimond Center grounds after           
 that initial shoplift.                                                        
                                                                               
 Number 0188                                                                   
                                                                               
 MR. BUTTCANE repeated that there are circumstances where it is real           
 appropriate that we release information to the community.  There              
 are crimes and cases where public safety does take a priority in              
 this balancing act.  He said the offenses that are covered in CSHB
 6(HES), as it is now worded, does great harm to a number of these             
 young people that are criminal.  Yes, they have stepped out of                
 bounds, but what they need is to be held accountable for their                
 behavior.  We need to implement appropriate responses that fix some           
 of those issues which contributed to the reason that they came to             
 the juvenile intake office or why the police were involved in their           
 lives in the first place.  In this attempt to balance things, he              
 would recommend a closer examination to the scope that is allowed             
 for in CSHB 6(HES).  He said there needs to be another way that we            
 can still find that balance.                                                  
                                                                               
 Number 0234                                                                   
                                                                               
 MR. BUTTCANE said there is another part in CSHB 6(HES) relating to            
 victim notification.                                                          
                                                                               
 Number 0247                                                                   
                                                                               
 CHAIRMAN BUNDE said there is a proposed amendment that will address           
 this concern.                                                                 
                                                                               
 Number 0252                                                                   
                                                                               
 MR. BUTTCANE responded to a comment that Representative Dyson had             
 made.  He said, within the current process of DFYS, when children             
 are placed as a foster placement it is common sense to let the                
 foster parent know everything that DFYS knows about that child that           
 would help them be able to guide and direct that young person or to           
 control and supervise.  He said if that was a DFYS placement it is            
 inappropriate and even if it wasn't it was absolutely incredible              
 that someone would put a child in someone else's home and not share           
 information about him.  He said it is that kind of history, that              
 kind of concern that jeopardizes the whole family.  He said you               
 would certainly let the family know what this young person was all            
 about when they were put there so the family can make an informed             
 decision about whether or not they want to provide treatment or               
 placement for that young person.  He said it would be as equally              
 outrageous if the young person had an allergy to milk and you                 
 forgot to tell the foster parent.  He said if this type of thing is           
 happening it needs to be corrected.  He said he is not aware that             
 this type of information is withheld when a young person is placed            
 in another family's home.  He hoped that his colleagues within the            
 DFYS are not taking that type of case action.                                 
                                                                               
 Number 0339                                                                   
                                                                               
 AL NEAR testified via teleconference from Fairbanks.  He said he              
 was a recent victim of a crime.  He said until about 30 years ago,            
 our young people were not granted their constitutional rights to              
 due process.  He said this was changed by the U.S. Supreme Court's            
 Golf decision in 1967.  He said having their names made public for            
 some alleged crime, no matter how trivial, was the least of their             
 worries.  Doing serious time for even a minor offense was quite               
 real.  He said today's kids still do not have equal protection                
 under the law, their rights exceed those of adults.  He said the              
 pendulum has swung too far.  Clearly we must not return to the                
 kangaroo youth courts of the past, but we need to make some                   
 reasoned adjustments.  He said maintaining an uncompromising veil             
 of secrecy around juvenile proceedings serves no one, least of all            
 a repeat offender.  All to often these young people lose their                
 juvenile status prematurely by escalating their criminal activity             
 until the courts must try them as adults.  He said he favored the             
 chair's approach to disclosure as embodied in HB 6.                           
                                                                               
 Number 0386                                                                   
                                                                               
 JUDY SHIFFLER testified next via teleconference from Fairbanks.               
 She said this bill is a good bill towards helping our kids in                 
 Alaska.  She said our communities need to know that we are trying             
 to prevent reoccurring negative behavior on the part of our                   
 juveniles.  We need to provide consistent predictable consequences            
 for these kids caught breaking our laws.  Today we merely tap, not            
 even slap them on the hand and they so often return to continue an            
 increased negative behavior.  She said the system has become so               
 worried about hurting a youngster's feelings or impinging on their            
 rights that now in effect we hurt the youngster's future by letting           
 them easily perpetuate their problem.  She said there might a                 
 stigma attached to public disclosure.  She said as a long time                
 educator and youth worker she felt strongly that these children               
 will receive plenty of support from their schools, churches,                  
 neighbors and so on as they are straightening up.  People will be             
 paying better and more positive attention to these kids knowing               
 that they especially need it.  Public disclosure is a strong step             
 towards making our youth more accountable for their behavior and              
 also makes their parents and guardians more aware of and                      
 accountable for their behavior.  She said she saw HB 6 as a                   
 positive step forward for the kids of Alaska.                                 
                                                                               
 Number 0462                                                                   
                                                                               
 BRUCE FOOTE testified via teleconference from Fairbanks.  He                  
 questioned what is considered a felony and a (indiscernible) if               
 someone breaks into a home and destroys a lot of out of date prints           
 and first edition prints that might value in the thousands of                 
 dollars.  "I agree with you in part and a first offense                       
 (indiscernible) not having their name published.  I agree with you,           
 but the (indiscernible) small financial van that you break in and             
 the person has some counseling and gets out of it.  You mentioned             
 about some of these children paying restitution.  Well, you can't             
 even collect restitution from a uninsured motorist in an automobile           
 accident, how do you expect a youngster to pay restitution saying             
 he causes a $120,000 worth of damage on a break-in depending what             
 a person has in his home at that time.  Another thing is when is              
 individual going to be responsible for their own actions.  It seems           
 like nobody is going to tell these kids, hey you take drugs and you           
 do a break-in, we didn't tell you to take the drugs, you did that             
 under your own consensus and you're the one that made the mistake,            
 we did.  When is the victim's rights on being able to protect that            
 property (indiscernible) nobody has mentioned the victim's rights             
 on any of this.  If I'm sleeping in my house at night, my house is            
 dark and I double lock and I double bolt my doors if someone can              
 bust through a window I sleep with a shot gun fully loaded.  I                
 sleep with a 45 caliber pistol fully loaded, I'm not going to break           
 this who's coming in, I'm going plow them down in the floor.  To me           
 that is an assumed threat and that hasn't been discussed at all on            
 individual's rights in protecting their own property in their                 
 house."                                                                       
                                                                               
 MR. FOOTE said the military has a problem with these kids coming              
 into the service without knowing their offenses.  He said this is             
 a problem for the military.  He asked if a first offense person               
 breaks into seven or eight homes whether or not it was considered             
 an offense per home, or if they were linked together as one                   
 offense.  He said it should be eight different offenses.  He said             
 he hoped the committee would consider these things.                           
                                                                               
 Number 0571                                                                   
                                                                               
 JOAN FOOTE testified via teleconference from Fairbanks.  She said             
 she is very concerned about the youth today and how we can help               
 them become (indiscernible) citizens.  She said when the youth find           
 themselves in trouble it seemed to her that the sooner we can put             
 them on a positive foot the better.  She said the consequences need           
 to be real, they need to be immediate, and they need to be                    
 consistent.  It is important that they realize that the system is             
 trying to help them change their behavior, but the community also             
 is the one trying to help them change their behavior.  It is not              
 necessarily a bad or an evil thing, that you can change.  She                 
 thought that if the parents realized that they can get help and               
 that everybody was working toward changing their behavior.  She               
 disagreed with the witness who said the offender should be                    
 protected from exposure to the public.  If we know for a fact the             
 offender is being helped to move forward and if this community                
 knows that parent is trying to do things that will help the                   
 offender reform then in the long run the community will realize               
 that the law is working for everybody; the victim and the offender            
 and that you will find more community support for the whole                   
 criminal system.                                                              
                                                                               
 MS. FOOTE said HB 6 is moving in the right direction and she liked            
 the tiered disclosure which was developed.                                    
                                                                               
 Number 0655                                                                   
                                                                               
 BARBARA BRINK, Director, Alaska Public Defender Agency, testified             
 via teleconference from Anchorage.  She said that part of what                
 public defenders do is to represent children who are accused of               
 delinquent acts.  Parents are also represented in CINA cases.                 
 Based on her experience she would like to talk about some, perhaps,           
 unintended consequences of this particular proposal.  She said her            
 main concern has to do with the loss of privacy without a                     
 determination of guilt.  She said she was happy to see the latest             
 version of CSHB 6(HES) eliminated the ability of law enforcement to           
 allow release of this information simply after arrest.                        
                                                                               
 Number 0699                                                                   
                                                                               
 MS. BRINK said she still has concerns about the child who has been            
 informally adjusted and then has a second adjustment referred to              
 juvenile intake.  An informal adjustment does not necessarily                 
 contain any finding of guilt or an admission of wrongdoing.                   
 Informal adjustments are often handled because the state really               
 doesn't have the proof that it needs to prove that a crime existed.           
 The witness has left or there are other reasons that it is a shaky            
 case that wouldn't withstand adjudication.  No juvenile that is               
 adjusted is required to admit that he is guilty, but rather it is             
 a process where everyone agrees what ought to happen.  She said               
 there is no adjudication, no trial, no trial or determination of              
 guilt as it really is not important to what needs to be                       
 accomplished.                                                                 
 Number 0729                                                                   
                                                                               
 MS. BRINK said she has concerns about CSHB 6(HES) because it does             
 allow those children who are informally adjusted to have all this             
 information be made public.  Certainly, she agreed with the                   
 Administration's position that we need to limit the type of cases             
 that we allow information to be released about.  She had some                 
 concerns about releasing information at all.  One of the gentlemen            
 who previously spoke noted that the juvenile justice system has               
 changed a lot in the last 30 years.  Chief Justice Reinquist, who             
 by no stretch of the imagination is usually considered a friend to            
 the accused or to the juvenile delinquent, was very protective of             
 the juvenile justice system.                                                  
                                                                               
 MS. BRINK read a portion of a conferring opinion Chief Justice                
 Reinquist wrote about the juvenile system, "It is a hallmark of our           
 juvenile justice system in the United States that virtually from              
 its inception at the end of the last century its proceedings have             
 been conducted outside of the public's full gaze and the youths               
 brought before our juvenile courts have been shielded from                    
 publicity.  This insistence on confidentiality is born of a tender            
 concern for the welfare of the child, to hide his youthful errors             
 and `bury them in the graveyard of the forgotten past.'  The                  
 prohibition of publication of a juvenile's name is designed to                
 protect the young person from the stigma of his misconduct and is             
 rooted in the principle that a court concerned with juvenile                  
 affairs serves as a rehabilitative and protective agency of the               
 state.  Publication of the names of juvenile offenders may                    
 seriously impair the rehabilitative goals of the juvenile justice             
 system and handicap the youths' prospects for adjustment in society           
 and acceptance by the public.  This exposure brings undue                     
 embarrassment to the families of youthful offenders and may cause             
 the juvenile to lose employment opportunities or provide the                  
 hardcore delinquent the kind of attention he seeks, thereby                   
 encouraging him to commit further antisocial acts."                           
                                                                               
 MS. BRINK said that Justice Reinquist, even 20 years ago,                     
 recognized how important the stigmatization or branding might be on           
 someone.  Additionally cited two clinical psychological studies               
 that talked about the effects of publicity on juveniles.  Both of             
 these studies both concluded that the publicity placed an                     
 additional stress on the juvenile during a difficult period of                
 adjustment in the community.  Even in those children who were                 
 making an adequate adjustment, publicity interfered at various                
 points when they were otherwise doing well.  She said this is the             
 concern, particularly for these children who are informally                   
 adjusted, if protection of the public is our paramount concern and            
 it is absolutely a legitimate concern.  Let's limit the bill to the           
 more serious allegations, the more serious offenses and older                 
 offenders after we have actually have proven, fairly, that they did           
 the crime they are accused of.                                                
                                                                               
 MS. BRINK said the unintended consequence of CSHB 6(HES) are very             
 broad.  We have talked a lot about community involvement and said             
 you have to recognize that we handle things today much differently            
 than we did in the past.  Every fight in a school lunch room, every           
 taking of lunch money, every time you take mom's car out and joy              
 ride around the block are all things that used to be handled as a             
 family and as a community.  Today, we call the police.  More                  
 children's names be published than could be handled at a local                
 level.                                                                        
                                                                               
 Number 0892                                                                   
                                                                               
 MS. BRINK said expunging records which has been suggested and                 
 sealing those records later really doesn't unring the bell.  The              
 child gets stigmatized and branded and can have the opposite effect           
 on this kid than the one we want.  He won't be able to get that job           
 at the local gas station which would help him understand the value            
 of hard work.  He won't be able to join the military which might              
 help him shape up.  Parents won't let their kids play with those              
 kids, they will be shunned in their own community, shunned at                 
 school.  They won't be able to participate in group activities or             
 meet those kids that would be a positive influence on them.  These            
 are not the kids we want to target.                                           
                                                                               
 MS. BRINK said, in summary, what we are doing here is that we are             
 lumping together the worst of the kids, the ones to be afraid of,             
 with the ten-year-old who really doesn't have the judgement yet to            
 make good decisions.  She urged this committee to seriously                   
 consider other legislation or amending CSHB 6(HES) to limit public            
 disclosure to those cases where it will really impact public                  
 safety.                                                                       
                                                                               
 Number 0934                                                                   
                                                                               
 LAURA ROREM said she is the parent of two adopted children, ages 21           
 and 24, who have suffered from brain disorders their entire lives.            
 One of the children has a major mental illness and the other lives            
 with Fetal Alcohol Effects (FAE).  She said she is member of the              
 Alaska Mental Health Board (AMHB) and her husband is a Lutheran               
 pastor here in Juneau and heavily involved in mental health issues            
 in the community.  She said she is here today wearing her hat as a            
 family member and an advocate for children of all ages who suffer             
 from neurobiological and organic brain disorders and their                    
 facilities.  She was not speaking on behalf of the AMHB today as              
 the board has not taken an official position on this bill yet.                
                                                                               
 MS. ROEM said she wished to thank the committee for this                      
 opportunity to address how HB 6 will adversely effect this special            
 population of people and their families.  Neurobiological Disorders           
 and organic brain disorders such as Fetal Alcohol Syndrome (FAS)              
 and/or FAE are no fault diseases that affect behavior, thinking               
 processes, mood, judgement, reason, and decision to name only a few           
 symptoms.  They are caused by biochemical and/or structural                   
 abnormalities in the brain.  Weakness of will and bad parenting are           
 not to blame.  These illnesses are not caused by problems in                  
 living, bad environment, abuse or neglect.  These diseases are                
 grossly misunderstood, and treatment for them is sporadic,                    
 haphazard, difficult to access and blame oriented.                            
                                                                               
 Number 1043                                                                   
                                                                               
 MS. ROEM asked everyone to imagine for a moment the public response           
 to heart disease treatment if it were delivered in the same way as            
 it is to those with brain diseases.  First, a bureaucratic red-tape           
 cluster of community cardiac health centers requiring those with              
 heart disease or their parents to present medical, legal just cause           
 which is difficult to obtain for hospitalization or treatment if a            
 cardiac breakdown occurs.  Then once a month, if that, doctors see            
 the patient for 15 minutes at the center and, of course, it is up             
 to the cardiac patient to get there on their own, even if it means            
 walking for miles and it could hurt their heart condition.  A                 
 cardiac episode requiring hospitalization specifies stabilization             
 and discharge in 5 or 10 days, unless the patient is ruled a                  
 criminal, having somehow wound up in jail overnight along the way.            
 Meanwhile at the state cardiac hospital, criminal patients are                
 housed on the same grounds as everyone else.  At the same time, the           
 parents are desperately trying to get quick and appropriate                   
 treatment for their child's life threatening disease only to be               
 blamed for causing their child's heart disease or being told                  
 repeatedly by the cardiac treatment center that "We have to wait              
 until your child commits a crime first before we can help him."               
 Then when the child finally commits a crime, in spite of parental             
 efforts to prevent it, their child's name and their name is                   
 published for all to see.  This is done even though appropriate               
 intervention was repeatedly denied by professional care givers, and           
 the public shame of their child's heart disease would increase.               
                                                                               
 MS. ROEM said a child with heart disease is not apt to commit a               
 crime without treatment, he is apt to die.  A brain disease is also           
 life threatening without appropriate treatment.  There is also the            
 possibility the child may commit some kind of misdemeanor along the           
 way.  This occurs, not because the child is bad, but because a                
 child with a brain disorder has a diseased organ of decision,                 
 reason and judgement.  It is not uncommon for these children to end           
 up in the juvenile justice system because their parents have been             
 unable to find, and therefore they have not received appropriate              
 treatment for their disease.                                                  
                                                                               
 MS. ROEM said children and adults with brain disorders are good               
 people, they are not criminals, but their brains are damaged and              
 wired wrong.  They are often incapable of making the distinction              
 between right and wrong or are unable to understand consequences,             
 no matter how hard they try to stay on track, and no matter how               
 hard their parents try to teach them right from wrong.                        
 MS. ROEM said we are good parents with good children.  We begged              
 for help for years without getting any, instead we were offered               
 blame and the runaround.  That would not happen if our child had              
 heart disease, leukemia, cerebral palsy or diabetes.  We did                  
 everything we could, only to be repeatedly told, "you have to wait            
 until he commits a crime first."  Our children did not want to                
 commit a crime, and as parents, we went above and beyond the call             
 of duty to prevent it.  But there were times his or her brain would           
 explode and he or she would run away trying to get away from the              
 pain in their brain and end up doing something wrong because of it.           
 To prevent them from committing a crime, and as a last resort, we             
 finally hospitalized them out of state; six months for one and two            
 years for the other.  If they had committed a crime and our child's           
 name and ours would have been published it would not have served as           
 a detriment, nor would it have brought about intervention.  Instead           
 our child, and we, would have been further ostracized and blamed,             
 publicly humiliated and our lives would have been further                     
 destroyed.  No one would have cared to help us.  It would have                
 brought punishment rather than treatment.                                     
                                                                               
 MS. ROEM said being ostracized only isolates more and accentuates             
 the possibility of more negative activities.  It only adds more               
 pain and suffering to an already painful, devastating,                        
 misunderstood disease.  What is needed is a process of appropriate            
 intervention and treatment that seeks to restore dignity.  Public             
 testimony is very risky for parents such as ourselves because we              
 have often been ostracized and criticized when we seek                        
 accountability from the systems intended to help the children and             
 their families.  My children are adults now and never entered the             
 juvenile justice system.  The bill, HB 6 will not affect us, but is           
 will adversely affect all children with brain disorders and their             
 parents.  It will unjustly punish them for having a disease of                
 their brain.                                                                  
                                                                               
 MS. ROEM said her testimony reflects not only her reality, but                
 reflects a painful reality shared by more people than you realize             
 throughout Alaska.  She said when you think about FAS and FAE there           
 is no place in the state of Alaska that really can diagnose FAS and           
 FAE and there is no appropriate treatment.  She said they have                
 desperately tried to find treatment for their son.  She said there            
 are only three hospitals in the United States that will                       
 definitively diagnosis FAE and when you have adopted children that            
 is practically impossible to do.  There is a universal fear among             
 parents of children of brain disorders that the prison system and             
 court system will become the treatment their child receives, rather           
 than appropriate treatment and intervention that can, in many                 
 cases, result in a vulnerable, fragile child growing up to be a               
 productive and respected member of society.  Please don't further             
 diminish the lives of many caring and loving Alaskan parents and              
 their children who live with a no fault illness for which they will           
 receive further blame by publishing names.                                    
                                                                               
 Number 1312                                                                   
                                                                               
 REPRESENTATIVE PORTER said regarding Ms. Brink's testimony that he            
 did not think that an adjustment occurs and goes into the formal              
 process without a consensus that there is responsibility on the               
 part of the juvenile for their act.  Either that or through a                 
 petition does it get to a trial in juvenile court and they are                
 found guilty of having committed a delinquent act.  Neither one of            
 those situations would occur if the child did not have the capacity           
 to understand the nature and quality of the act they were accused             
 of doing.  He said he recognized the difference of the problem of             
 recognizing FAS, but a child without the capacity to understand               
 those things would not be technically guilty and would not, he                
 thought, under CSHB 6(HES) be subject to release of their name or             
 their parents' name.                                                          
                                                                               
 Number 1363                                                                   
                                                                               
 MS. ROEM said her concern is for children with FAE. She said they             
 are 99 percent sure that their son has it.  He just recently got in           
 trouble with the law.  This occurred just before he turned 21, he             
 got caught for minor consuming.  Kids with FAE and kids with mental           
 illness are not mentally retarded.  Kids with FAE have normal                 
 intelligence.   She said one of the things about her son is that he           
 is very charming and verbally capable.  It is very difficult for              
 them to get someone to understand that there is something wrong               
 with him because he talks better than he thinks and he talks better           
 than he understands.  So, trying to find somebody to diagnosis him            
 has been a major undertaking.  She knew when he was 12 days old               
 that there was something wrong, but they did not get him diagnosed            
 with anything until he was 15 and that was after 15 years of pain             
 and suffering from school, trying to get early intervention when no           
 one would listen to them.  They were told they were a liar, their             
 son was such a nice kid.  She said her son is a good kid, but he              
 has a problem with his thinking.  She said it is not always                   
 possible to tell right away.                                                  
                                                                               
 MS. ROEM said they presented, when he had his minor consuming, the            
 fact supported by all kinds of documented evidence that he was FAS.           
 The judge said he did not buy into FAS, that he did not buy into              
 mental illness.  She said these kids are going into adulthood by              
 being sent to prison and said that is not where they belong.  She             
 said they did not want him to go to prison because they knew he               
 would pick up some negative behavior there.  They have worked very            
 hard and he has been doing fairly well, but that is because it                
 takes them 24 hours a day, seven days a week of constant work to              
 keep him going.  She said he is working now, but close to quitting            
 again because he cannot handle the stress.  She said it is hard               
 because people don't always see, the kids look normal, that there             
 is something wrong in the brain which does not allow them to always           
 tell the difference between right and wrong.  The kids might be               
 able to say they can, but when it comes right down to it they                 
 can't.  She said it is one of the things that makes it hard.  She             
 said one doctor will say he is FAE, another will say he is bi-polar           
 and another will say he has Attention Deficit Disorder (ADD).                 
                                                                               
 Number 1527                                                                   
                                                                               
 CHAIRMAN BUNDE said her tragic circumstance helps exemplify what              
 the committee is faced with, of that tight rope between protecting            
 the public and not unduly penalizing unfairly.  He said he                    
 appreciated her pointing out another aspect of the committee's                
 problem.                                                                      
                                                                               
 Number 1586                                                                   
                                                                               
 REPRESENTATIVE BRICE made a motion to adopt proposed Amendment 1 to           
 CSHB 6(HES).                                                                  
                                                                               
 Number 1586                                                                   
                                                                               
 REPRESENTATIVE PORTER objected for the purposes of discussion.                
                                                                               
 Number 1609                                                                   
                                                                               
 REPRESENTATIVE KELLY clarified that Amendment 1 was located on page           
 two, line 16.  He said this was brought up at the hearing last week           
 and, in subsequent discussions with DFYS, they had felt it would be           
 more appropriate if the victims sought this information                       
 voluntarily.                                                                  
                                                                               
 Number 1639                                                                   
                                                                               
 REPRESENTATIVE PORTER said, being somewhat familiar with the                  
 victim's rights area, he has some concerns that this would turn               
 into a situation where there are victims who would just as soon not           
 be contacted again, but submitted that there were more of those               
 victims that would.  He said he would be extremely interested what            
 the actual occurrences in these proceedings are and when the kids             
 or adults, who have committed crimes against them, are released               
 what their status is.  He said he would be afraid that if the                 
 language was deleted we would be right back at the place we were              
 before the Victim's Rights Act was put into the constitution where            
 a victim was never advised of the fact that they had the right to             
 know this information.  Victims have this right to be notified if             
 they choose.  He said, he guessed, that the vast majority would               
 want to be notified.  He asked DFYS whether or not there is a                 
 provision for requiring that victims can be notified.                         
                                                                               
 Number 1727                                                                   
                                                                               
 L. DIANE WORLEY, Director, Central Office, Division of Family and             
 Youth Services, Department of Health and Social Services, was next            
 to testify.  She said currently notification is done on a case by             
 case basis.  The victim will be informed of that right a majority             
 of the time, but not always.  She said DFYS could put that language           
 into their policy.  She said that one of the problems that DFYS has           
 is that even when victims tell DFYS that they would like to be                
 notified they don't keep the division informed of location if they            
 move.  If the victim tells DFYS that they would like to be                    
 notified, then they are asked to take some responsibility to let              
 DFYS know where you are at to do so.  She said DFYS has no problem            
 to make sure that DFYS is giving that information to the victims at           
 the time.                                                                     
                                                                               
 Number 1795                                                                   
                                                                               
 CHAIRMAN BUNDE asked if the language specifying that victims will             
 be notified or rather that they can be notified at their request              
 should be put in CSHB 6(HES) so that ten years for now the attitude           
 will be the same.                                                             
                                                                               
 Number 1822                                                                   
                                                                               
 MS. WORLEY said she would like to see this happen by putting it               
 into DFYS policies and procedures that this would be a requirement            
 of the employees that during this process one more step would be              
 included.  She said this step needs to  because then that is where            
 it needs to be so that the workers have it right in their daily               
 policy and procedure manual.                                                  
                                                                               
 Number 1847                                                                   
                                                                               
 REPRESENTATIVE PORTER said he would remove his objection to the               
 proposed Amendment 1 taking what DFYS said as something that is               
 going to happen.  As departments start dealing with the Victim's              
 Rights Act they are going to find that it behooves them to do these           
 things.  If they don't, they will be subject to the least criticism           
 at the worse civil suits.                                                     
                                                                               
 Number 1879                                                                   
                                                                               
 MS. WORLEY said DFYS is in the middle of revising the Youth                   
 Services Policy and Procedure Manual and could add this                       
 notification policy before they go to the next printing.                      
                                                                               
 Number 1894                                                                   
                                                                               
 REPRESENTATIVE J. ALLEN KEMPLEN said there has been proposed                  
 legislation that would assist in the notification of victims.  A              
 Victim Information and Notification Everyday (VINE) introduced by             
 himself in the House and Senator Johnny Ellis in the Senate which             
 would address this issue.                                                     
                                                                               
 Number 1925                                                                   
                                                                               
 REPRESENTATIVE GREEN clarified that Ms. Worley would prefer that              
 this notification not be in statute but rather in DFYS policy.  He            
 asked if there was any concern on her part to have this                       
 notification in policy without the authority of legislation.  He              
 questioned if she might be reluctant or be hesitant in implementing           
 such a policy.                                                                
                                                                               
 Number 1951                                                                   
                                                                               
 MS. WORLEY said she had no problem instituting the policy.  She               
 said, as was pointed out by Representative Porter, that this is an            
 issue that DFYS is dealing with on a day to day basis.  She said              
 DFYS certainly looks at victims and the rights of victims.  It is             
 an issue that affects the division in many other areas as opposed             
 to just this one.  She said where she needs to have it is in the              
 policies and procedures manual to get this information out to her             
 staff and make sure that they know what is expected.                          
                                                                               
 Number 1990                                                                   
                                                                               
 REPRESENTATIVE GREEN repeated that DFYS made public disclosures to            
 some of the victims and expressed concern that there would be an              
 objection if this notification was put into statute as well as in             
 policy.  This would give the policy the authority of statute in               
 case the next director of DFYS would want to do away with.                    
                                                                               
 Number 2030                                                                   
                                                                               
 MS. WORLEY said she would have no objection to that.                          
                                                                               
 Number 2038                                                                   
                                                                               
 CHAIRMAN BUNDE asked if we could say for the record that it is this           
 committee's understanding that DFYS will be notifying people of               
 their option to be notified and that we are cognizant of the                  
 victim's rights amendment that will encourage this activity in the            
 future.                                                                       
                                                                               
 Number 2062                                                                   
                                                                               
 REPRESENTATIVE DYSON said he would prefer that the policy be that             
 the victims be notified unless they have chosen to opt out of being           
 notified.  He said this would make the notification pro-active.               
                                                                               
 Number 2084                                                                   
                                                                               
 REPRESENTATIVE PORTER said he believed this would be the result of            
 the policy and this provision.  He said DFYS would notify everyone            
 of their right to be notified and the only reason why DFYS would              
 not notify them is if they said they did not want to be notified.             
                                                                               
                                                                               
 REPRESENTATIVE PORTER removed his objection to the proposed                   
 Amendment 1.                                                                  
                                                                               
 Number 2122                                                                   
                                                                               
 CHAIRMAN BUNDE said hearing no further objection to Amendment 1, it           
 was adopted to CSHB 6(HES) by the House Health, Education and                 
 Social Services Committee.                                                    
                                                                               
 Number 2132                                                                   
                                                                               
 REPRESENTATIVE BRICE moved proposed Amendment 2 to CSHB 6(HES).               
                                                                               
 Number 2136                                                                   
                                                                               
 REPRESENTATIVE AL VEZEY objected to the motion.                               
                                                                               
 REPRESENTATIVE KELLY said proposed Amendment 2 was addressed last             
 week by the court administrator.  It was suggested to him that the            
 fiscal impact be removed from the courts.  The proposed amendment             
 takes and makes the release of information referral solely the                
 jurisdiction of the DHSS and not the courts.  This notification is            
 dealt with by DFYS anyway.  Proposed Amendment 2 also sets a date             
 certain, August 31, for disclosure of records beginning past that             
 time.  This prevents the state from going back in time                        
 (indiscernible due to papers on the microphone) the DHSS is the net           
 effect of this proposed amendment.                                            
                                                                               
 Number 2215                                                                   
                                                                               
 REPRESENTATIVE VEZEY said the effect of proposed Amendment 2 is               
 that the records will not be available through the court no matter            
 when the offense occurs.                                                      
                                                                               
 Number 2248                                                                   
                                                                               
 REPRESENTATIVE KELLY said yes, it strictly deals with disclosure in           
 the DHSS, it is not necessary to have the court disclose the                  
 information as it has already been disclosed thorough DHSS.  He               
 said if the court has to disclose it, unnecessary costs would be              
 incurred.  The courts also said they had some concerns that if you            
 did not put a date certain on it, you did not make specific that it           
 was not retroactive, then there would be a great deal of work and             
 resources expended to go backwards with these documents to make               
 them public.  He reiterated that it would make the records from               
 August 31 onward available.                                                   
                                                                               
 Number 2310                                                                   
                                                                               
 REPRESENTATIVE VEZEY said he did not understand that there would be           
 additional expense to the court for allowing access to court                  
 records provided that they did not have to go back retroactively to           
 clean up court records.  He said if the records were repaired in              
 accordance with statute requirements beginning with the effective             
 date of the statute there would be in essence two piles; one that             
 was accessible to the public and one that would not be accessible             
 to the public.                                                                
                                                                               
 TAPE 97-4, SIDE A                                                             
 Number 0000                                                                   
                                                                               
 CHRIS CHRISTENSEN, Staff Counsel, Office of the Administrative                
 Director, Alaska Court System, was next to testify.  He said it               
 would not cost the court anything if DFYS provided the records.  If           
 the courts supplied the records it would cost them a tenth as much            
 if there was a date certain applied to CSHB 6(HES).                           
                                                                               
 REPRESENTATIVE VEZEY asked why there would be costs with the court            
 records.                                                                      
                                                                               
 MR. CHRISTENSEN said there were associated costs tied to the court            
 record.                                                                       
                                                                               
 REPRESENTATIVE VEZEY said maybe records could be prepared in the              
 future with the idea that you are going to have to expose them                
 anyway.                                                                       
                                                                               
 Number 0089                                                                   
                                                                               
 MR. CHRISTENSEN said there would be some slight additional clerical           
 costs associated with keeping two sets of records; the confidential           
 records and then the public records which the public would have               
 access to.  He said the costs statewide would not be substantial in           
 terms of excess clerical overtime, paperwork and the costs of                 
 buying the materials needed for the 15 locations statewide.  He               
 said they expected costs to be under $20,000, but said there are              
 some costs associated with it.  It is doing something which the               
 court does not do.                                                            
                                                                               
 Number 0107                                                                   
                                                                               
 REPRESENTATIVE VEZEY said if CSHB 6(HES) produced any reduction in            
 juvenile delinquency crimes the cost would be offsetting very                 
 quickly, we are talking about $20,000 statewide.                              
                                                                               
 Number 0124                                                                   
                                                                               
 MR. CHRISTENSEN said it was a decision for the committee to make as           
 he would not be willing to speculate as to what the offset might              
 be.                                                                           
                                                                               
 Number 140                                                                    
                                                                               
 REPRESENTATIVE VEZEY said $20,000 represents ten days of court                
 time.                                                                         
                                                                               
 Number 0142                                                                   
                                                                               
 MR. CHRISTENSEN said it is not a great deal of money, but added               
 that it is a question of dislocation also.  He said as he indicated           
 in Anchorage there are 40,000 records requested.  People coming in            
 and wanting to look at files.  He said those folks are then going             
 to want to move down to the juvenile office and look at the                   
 juvenile records.  He said, in Anchorage, there is no space for               
 people to go into the juvenile office and look at records because             
 it has never been done before.  He said he wouldn't even speculate            
 on any kind of capital costs to move offices to different rooms,              
 build counters, etc.  He said he wouldn't even include those costs,           
 so there will be some dislocation.                                            
                                                                               
 Number 0189                                                                   
                                                                               
 REPRESENTATIVE VEZEY said he did not know the court system well,              
 but asked why the records wouldn't be accessible through computer             
 modems.  He asked if we were talking about an electronic data base.           
                                                                               
 Number 0211                                                                   
                                                                               
 MR. CHRISTENSEN said the court system has historically been the               
 uncomputerized branch of government.  He said it has only been in             
 the last few years that the legislature has given the courts money.           
 As of now the records are not computerized.  At some point in the             
 future, hopefully in the next three or four years, it might be but            
 right now it is not.                                                          
                                                                               
 Number 0233                                                                   
                                                                               
 REPRESENTATIVE VEZEY said this doesn't come to the state system,              
 but you can go to services and get criminal records.  You can get             
 people check to see if they have a criminal records through                   
 commercial services.  He asked if they entered this data by hand or           
 do they get it electronically from the court system.                          
                                                                               
 Number 0259                                                                   
                                                                               
 MR. CHRISTENSEN said he did not know.  He said they get a lot of              
 data from, for example, the Department of Public Safety now that              
 the Apsin computer base has been opened up within the last few                
 years.                                                                        
                                                                               
 Number 0291                                                                   
                                                                               
 REPRESENTATIVE DYSON asked Representative Kelly if it was his                 
 understanding that DFYS will gear up to be in this victim                     
 notification mode which they are not presently in.                            
                                                                               
 Number 0309                                                                   
                                                                               
 REPRESENTATIVE KELLY clarified that he was addressing Amendment 1.            
 He said he believed they had communication with victims now, but he           
 wasn't sure at what level it was.  He said he did not know if this            
 notification would represent a quantum leap in informing victims              
 that they can be informed about the outcome later on.  He said it             
 would be a question for DFYS.                                                 
                                                                               
 Number 0371                                                                   
                                                                               
 REPRESENTATIVE DYSON said he would vote against the amendment                 
 because it more properly belongs within the court system then with            
 DFYS.                                                                         
                                                                               
 Number 0390                                                                   
                                                                               
 A roll call vote was taken on proposed Amendment 2 to CSHB 6(HES).            
 Representatives Bunde, Green, Porter and Dyson, Kemplen and Brice             
 voted yea.  Representatives Dyson and Vezey voted nay.  Amendment             
 2 was adopted.                                                                
                                                                               
 CHAIRMAN BUNDE said he would turn over the gavel to Vice Chair                
 Green.                                                                        
                                                                               
 Number 0428                                                                   
                                                                               
 REPRESENTATIVE BRICE made a motion to adopt proposed Amendment 3 to           
 CSHB 6(HES).                                                                  
                                                                               
 Number 0430                                                                   
                                                                               
 REPRESENTATIVE VEZEY objected.                                                
                                                                               
 Number 0425                                                                   
                                                                               
 REPRESENTATIVE KELLY said he supported proposed Amendment 3.  He              
 said the original language had the unintended consequences of                 
 actually releasing information which we would want to keep                    
 confidential.  The wording was such that it says that the state               
 would release confidential information after CSHB 6(HES) takes                
 place.  He said it has been determined that it is the delinquent              
 information that is open for disclosure, that which remains is CINA           
 information.  He said we certainly don't want to release CINA                 
 information.                                                                  
                                                                               
 CHAIRMAN GREEN said the way the proposed Amendment 3 is written               
 that the information that normally would be deleted the way  CSHB
 6(HES) is submitted, you are also wanting to delete that also.  You           
 are taking out all of Section 6.                                              
                                                                               
 Number 0497                                                                   
 REPRESENTATIVE VEZEY asked if the committee adopts the proposed               
 Amendment 3, if it is making it illegal for a parent or a guardian            
 to disclose information about a minor of whom they have parental              
 custody.  He said if we adopt the amendment, as he understood it,             
 the wording would be that this information could be disclosed only            
 to the Governor or to certain select people.                                  
                                                                               
 Number 0544                                                                   
                                                                               
 REPRESENTATIVE KELLY said it maintained existing law, it wouldn't             
 change.                                                                       
                                                                               
 Number 0546                                                                   
                                                                               
 REPRESENTATIVE VEZEY said it maintains existing law.  By saying               
 that it is legal to disclose to a certain group of people, is it              
 going to be illegal for a parent or guardian to disclose                      
 information to someone who is not on this list.                               
                                                                               
 Number 0565                                                                   
                                                                               
 REPRESENTATIVE PORTER said he thought that a few years back                   
 Representative Barnes had a problem with a parent not being able to           
 discuss a case with a state representative.  If he was not                    
 mistaken, parental rights were extended to allow them to talk to              
 anyone about...                                                               
                                                                               
 Number 0590                                                                   
                                                                               
 MS. KNUTH said the current law is that a parent can make a                    
 disclosure to the Governor, the Lieutenant Governor, a legislator,            
 the Ombudsmen, the Attorney General, the Commissioner of Health and           
 Social Services which sounds like a lot of people.  Basically it is           
 people that are involved in the governmental process with a need to           
 know basis.  She said Section 6, as initially drafted, would remove           
 that list and instead say disclosures can be made to the public, a            
 step that has not been taken yet.  It would be something new.  The            
 problem is that you are talking about confidential CINA information           
 that the child has a privacy interest in.  She said the balance               
 that was made a couple of years ago was to say that a parent can              
 discuss that information with anybody in this kind of broad circle            
 of people with legitimate government interests, but short of                  
 anyone.                                                                       
                                                                               
 Number 0672                                                                   
                                                                               
 CHAIRMAN GREEN said, "if we delete this (a), then that is actually            
 in statute now."  If we delete that then by proposed Amendment 3 we           
 do or don't open it up?"                                                      
                                                                               
 Number 0699                                                                   
                                                                               
 MS. KNUTH said if you delete Section 6, you leave the law the way             
 it is now, which is that a parent can discuss the information with            
 any of these government people, but not the public.                           
                                                                               
 Number 0716                                                                   
                                                                               
 CHAIRMAN GREEN said, "I read this as (a)., that there might be                
 something else in existing law and that is not true.  Normally you            
 don't have (a) under 12.30.320(a), is there a (b) and a (c) under             
 existing code?"                                                               
                                                                               
 Number 0730                                                                   
                                                                               
 MS. KNUTH said there is and those matters relate to the same                  
 subject, but what was happening in Section 6 is that it was adding            
 the phrase, "to the public" and taking out the laundry list of                
 government officials.  She said if you delete Section 6 from CSHB
 6(HES), then you would leave (a), (b) and (c).  Those would all               
 continue as they are now on the statute books.                                
                                                                               
 CHAIRMAN GREEN said, "that's the substance of some of this                    
 questioning.  What is left if (a) now is dropped and (b) becomes              
 (a) and (c) becomes (b)?"                                                     
                                                                               
 MS. KNUTH said that no one is proposing that (a) be dropped.                  
                                                                               
 Number 0782                                                                   
                                                                               
 A roll call vote was taken on proposed Amendment 3.                           
 Representatives Green, Porter, Brice, Kemplem and Dyson voted yea.            
 Representative Vezey voted nay.  Representative Bunde returned to             
 the committee meeting for the vote but abstained from voting.  Six            
 votes yea, one nay and one absention.  Amendment 3 was adopted.               
                                                                               
 Number 0828                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN made a motion to adopt proposed Amendment 4.           
                                                                               
 Number 0829                                                                   
                                                                               
 REPRESENTATIVE GREEN objected for purposes of discussion.                     
                                                                               
 Number 0840                                                                   
                                                                               
 REPRESENTATIVE KEMPLEN said the proposed Amendment 4 would allow              
 juveniles, whose records have been made public, to petition the               
 court to have those records sealed five years after the offense               
 where the juvenile has committed no new offenses and has done                 
 everything the court has ordered him to do.  He said it represents            
 sort of a carrot for the kid, encouraging good behavior and it is             
 within the court's discretion whether to seal the records or not              
 and the court gets to look at the kid and all of the circumstances.           
 He said Representative Kelly voiced his support for this type of              
 amendment in his earlier testimony.                                           
                                                                               
 Number 0885                                                                   
                                                                               
 REPRESENTATIVE KELLY said he does not have an objection to the                
 proposed Amendment 4.  He said this was not something he was                  
 expecting to see in this committee, but he had voiced that he would           
 work towards something like this in later committees.                         
                                                                               
 Number 0930                                                                   
                                                                               
 A roll call vote was taken on proposed Amendment 4.                           
 Representatives Bunde, Green, Porter, Brice, Kemplem and Dyson                
 voted yea.  Representative Vezey voted nay.  Amendment 4 was                  
 adopted.                                                                      
                                                                               
 Number 0936                                                                   
                                                                               
 REPRESENTATIVE BRICE made a motion to move CSHB 6(HES) as amended             
 with accompanying fiscal notes.                                               
                                                                               
 CHAIRMAN BUNDE asked if there was an objection.  Hearing none CSHB
 6(HES) was moved out of the House Health, Education and Social                
 Services Standing Committee with individual recommendations and               
 accompanying fiscal notes to the next committee of referral.                  
                                                                               
 Number 0981                                                                   
                                                                               
 REPRESENTATIVE BRICE made a motion to move HCR 4.                             
                                                                               
 CHAIRMAN BUNDE asked if there was an objection.  Hearing none HCR
 4 was moved out of the House Health, Education and Social Services            
 Standing Committee with individual recommendations.                           
 ADJOURNMENT                                                                   
                                                                               
 There being no further business to conduct, CHAIRMAN BUNDE                    
 adjourned the meeting of the House Health, Education and Social               
 Services Standing Committee at 4:54 p.m.                                      
                                                                               

Document Name Date/Time Subjects