Legislature(1997 - 1998)

02/07/1997 01:08 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
               HOUSE JUDICIARY STANDING COMMITTEE                              
                        February 7, 1997                                       
                           1:08 p.m.                                           
                                                                               
                                                                               
 MEMBERS PRESENT                                                               
                                                                               
 Representative Joe Green, Chairman                                            
 Representative Con Bunde, Vice Chairman                                       
 Representative Brian Porter                                                   
 Representative Norm Rokeberg                                                  
 Representative Jeannette James                                                
 Representative Ethan Berkowitz                                                
 Representative Eric Croft                                                     
                                                                               
 MEMBERS ABSENT                                                                
                                                                               
 All members were present                                                      
                                                                               
 OTHER HOUSE MEMBERS PRESENT                                                   
                                                                               
 Representative Pete Kott                                                      
 Representative Pete Kelly                                                     
                                                                               
 COMMITTEE CALENDAR                                                            
                                                                               
 * HOUSE BILL NO. 3                                                            
 "An Act relating to disclosures of information about certain                  
 minors."                                                                      
                                                                               
      - HEARD AND HELD                                                         
                                                                               
 HOUSE BILL NO. 6                                                              
 "An Act amending laws relating to the disclosure of information               
 relating to certain minors."                                                  
                                                                               
      - SCHEDULED BUT NOT HEARD                                                
                                                                               
 (* First public hearing)                                                      
                                                                               
 PREVIOUS ACTION                                                               
                                                                               
 BILL:  HB 3                                                                 
 SHORT TITLE: DISCLOSURES RE FELONY ARRESTS OF MINORS                          
 SPONSOR(S): REPRESENTATIVE(S) KOTT, Kelly                                     
                                                                               
 JRN-DATE        JRN-PG             ACTION                                     
 01/13/97        27    (H)   PREFILE RELEASED 1/3/97                           
 01/13/97        27    (H)   READ THE FIRST TIME - REFERRAL(S)                 
 01/13/97        28    (H)   JUDICIARY                                         
 02/07/97              (H)   JUD AT 1:00 PM CAPITOL 120                        
                                                                               
 WITNESS REGISTER                                                            
                                                                               
 GARRY GILLIAM, Detective/Sergeant                                             
 Juvenile Crime Unit                                                           
 Anchorage Police Department                                                   
 4501 South Bragaw Street                                                      
 Anchorage, Alaska  99508                                                      
 Telephone:  (907)  786-8500                                                   
 POSITION STATEMENT:  Testified in favor of HB 3.                              
                                                                               
 LAURA ROREM                                                                   
 9151 Parkwood Drive                                                           
 Juneau, Alaska  99801                                                         
 Telephone:  (907)  789-1647                                                   
 POSITION STATEMENT:  Testified in opposition to HB 3.                         
                                                                               
 ROBIN LOWN, Vice President                                                    
 Alaska Peace Officer's Association                                            
 P.O. Box 33885                                                                
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 364-3365                                                    
 POSITION STATEMENT:  Testified in favor of HB 3.                              
                                                                               
 MARGOT KNUTH, Assistant Attorney General                                      
 Department of Law                                                             
 P.O. Box 110300                                                               
 Juneau, Alaska  99811                                                         
 Telephone:  (907) 465-4338                                                    
 POSITION STATEMENT:  Provided testimony on HB 3.                              
                                                                               
 BARBARA BRINK, Acting Director                                                
 Public Defender Agency                                                        
 Department of Administration                                                  
 900 West 5th Avenue, Suite 200                                                
 Anchorage, Alaska  99503-5984                                                 
 Telephone:  (907) 563-6106                                                    
 POSITION STATEMENT:  Provided testimony on HB 3.                              
                                                                               
 Angela Salerno, Executive Director                                            
 National Association of Social Workers                                        
 525 Main Street                                                               
 Juneau, Alaska  99801                                                         
 Telephone:  (907) 586-4438                                                    
 POSITION STATEMENT:  Testified in opposition to HB 3.                         
                                                                               
 ACTION NARRATIVE                                                              
                                                                               
 TAPE 97-10, SIDE A                                                            
 Number 001                                                                    
 The House Judiciary Standing Committee was called to order by                 
 Chairman Joe Green at 1:08 p.m.  Members present at the call to               
 order were Representatives Con Bunde, Brian Porter, Eric Croft,               
 Ethan Berkowitz and Chairman Joe Green.                                       
                                                                               
 HB 3 - DISCLOSURES RE FELONY ARRESTS OF MINORS                              
                                                                               
 CHAIRMAN JOE GREEN announced the committee would hear House Bill              
 No. 3, "An Act relating to disclosures of information about certain           
 minors."  He invited Representative Pete Kott, prime sponsor, to              
 provide comments to the committee.                                            
                                                                               
 Representatives Jeannette James and Norman Rokeberg arrived.                  
                                                                               
 Number 187                                                                    
                                                                               
 REPRESENTATIVE PETE KOTT, prime sponsor of HB 3, advised members it           
 had passed the legislature the previous session as HB 104; however,           
 it was vetoed by the Governor.  The reason for his veto was that he           
 wanted to wait for the recommendations of the Juvenile Justice                
 Commission's Task Force.                                                      
                                                                               
 REPRESENTATIVE KOTT pointed out that the proposed legislation would           
 allow public safety agencies the ability to release certain types             
 of information regarding minors who had committed an offense that             
 would be considered a felony offense if committed by an adult.  It            
 was perceived that release the information to the public would act            
 as a deterrent to minors who might commit those crimes.                       
                                                                               
 REPRESENTATIVE KOTT advised members that a proposed committee                 
 substitute had been prepared for member's consideration.                      
                                                                               
 REPRESENTATIVE CON BUNDE moved to adopt CSHB 3.  Representative               
 Eric Croft objected.                                                          
                                                                               
 REPRESENTATIVE ERIC CROFT asked for an explanation of the                     
 differences in the HES committee substitute and the new proposed              
 committee substitute.                                                         
                                                                               
 REPRESENTATIVE KOTT explained that Section 2 of the new committee             
 substitute addressed AS 47.12.320.  He stated that it would allow             
 parents to disclose certain information to certain people for                 
 review or use in their official capacities.  Representative Kott              
 advised members that the proposed committee substitute would also             
 provide that information disclosed to victims could be redisclosed            
 to insurance companies as might be necessary for civil litigation             
 or insurance claims purposes.                                                 
                                                                               
 REPRESENTATIVE KOTT pointed out that the new committee substitute             
 would also provide that anyone who received information, pursuant             
 to Section 2, may not redisclose that information to others not               
 entitled to that information.                                                 
                                                                               
 REPRESENTATIVE CROFT asked if the bill would allow the evidence of            
 the arrest of the juvenile to be used in civil litigation.                    
                                                                               
 REPRESENTATIVE KOTT answered that it would, adding that if someone            
 was arrested for a crime and the victim receives the information,             
 the victim could provide the information to his or her insurance              
 company.  He pointed out that existing law provides that state or             
 municipal law enforcement agencies may disclose to the public and             
 also may disclose to the victim, information including copies of              
 reports, as necessary, for civil litigation or insurance claims               
 pursued by or against the victim.                                             
                                                                               
 REPRESENTATIVE CROFT noted that convictions could always be used in           
 a civil trial and asked if the intent of the proposed committee               
 substitute was to allow the use of an arrest as part of the                   
 victim's civil case.                                                          
                                                                               
 REPRESENTATIVE KOTT explained that it was his understanding that              
 juvenile delinquency records were sealed, which would prohibit the            
 victim from making claims against the perpetrator.                            
                                                                               
 Number 605                                                                    
                                                                               
 REPRESENTATIVE ETHAN BERKOWITZ felt there was a discrepancy between           
 paragraphs one and two on page 2.  He noted that it appeared to               
 extend fewer rights to the family of a minor subject, than to a               
 victim, and that the parent would not be entitled to provide                  
 information to an insurance company.                                          
                                                                               
 REPRESENTATIVE BRIAN PORTER stated that paragraph one addressed               
 parents or legal guardians that are not necessarily victims.  He              
 explained that that language was from several years ago because of            
 problems parents were having when they had a dispute with the                 
 agency that controlled the information and the inability to discuss           
 the problem with their legislator, or anyone else.                            
                                                                               
 REPRESENTATIVE BERKOWITZ stated that it appeared as though the                
 victim was entitled to use the information as both a sword and a              
 shield, and the parent was not able to use the information as a               
 shield and felt the language provided a disparity of rights.                  
                                                                               
 REPRESENTATIVE PORTER felt that a victim, parent or legal guardian            
 could be added under paragraph two which would alleviate                      
 Representative Berkowitz concern.                                             
                                                                               
 Number 1111                                                                   
                                                                               
 REPRESENTATIVE CROFT advised members his initial concerns had been            
 addressed and he was willing to withdraw his objection in order               
 that the committee have a working document before them.  There                
 being no further objection, CSHB 3 was adopted.                               
                                                                               
 REPRESENTATIVE CON BUNDE stated with respect to the language of an            
 agency "may" release information, and asked if it would provide a             
 substantial amount of latitude from one jurisdiction to another,              
 and if one agency did not release information and someone else was            
 victimized if the state would somehow be liable because of the                
 failure to release the information.                                           
                                                                               
 REPRESENTATIVE KOTT agreed that the operative word was "may", and             
 some discretion had been built into the bill that would afford                
 those agencies the opportunity not to release information.                    
                                                                               
 REPRESENTATIVE BUNDE was concerned that the various jurisdictions             
 could operate completely different than others and provide the                
 possibility of unequal treatment.                                             
                                                                               
 REPRESENTATIVE KOTT stated that currently the agencies could                  
 disclose information to the public regarding a case as might be               
 necessary to protect the safety of the public.  He noted that the             
 proposed committee substitute provides clear direction that the               
 information could be disclosed upon arrest and the agency would not           
 be caught in the dilemma of determining whether or not the public             
 was endangered.                                                               
                                                                               
 REPRESENTATIVE JEANNETTE JAMES was also concerned that the                    
 information could be disclosed upon arrest as opposed to a                    
 conviction.                                                                   
                                                                               
 Number 1415                                                                   
                                                                               
 REPRESENTATIVE CROFT asked how HB 3 and HB 6 were interrelated.  It           
 was his understanding that the bills provided two different                   
 approaches to the same problem, and both were limited by the                  
 concern of losing federal funds to the Division of Family and Youth           
 Services (DFYS).                                                              
                                                                               
 REPRESENTATIVE KOTT explained that the intent of HB 3 was to                  
 provide the information to the public prior to it being submitted             
 to DFYS.  He noted that once the information is provided to DFYS,             
 it becomes much more privileged and confidential and could not be             
 released.                                                                     
                                                                               
 REPRESENTATIVE NORMAN ROKEBERG advised members that a survey had              
 been conducted in his district asking the question of whether a               
 juvenile's names should be made public at the point they commit a             
 crime.  Of the 582 responses, 439 responded yes, and 193 responded            
 no, and he felt the people of the state supported the concept of              
 the bill.                                                                     
                                                                               
 REPRESENTATIVE KOTT pointed out that the recommendations put forth            
 by the task force were very similar to the proposed legislation and           
 he felt the bill could prevent a juvenile from going from the high            
 chair to the electric chair.                                                  
                                                                               
 GARRY GILLIAM, Detective/Sergeant, Anchorage Police Department,               
 Juvenile Crime Unit advised members the Anchorage Police Department           
 was in support of the concept put forth in HB 3.  The mission of              
 the Juvenile Crime Unit was to provide investigative services aimed           
 at controlling juvenile related crimes through identification and             
 apprehension of juvenile suspects in recovering stolen property and           
 assisting with criminal prosecution of defendants charged with                
 assault, burglary, theft and drug related crimes.  Sergeant Gilliam           
 advised members the unit also had the additional responsibility of            
 working with the school districts for the purpose of student                  
 counseling, intervention programs and criminal investigation and              
 prosecution of juvenile offenders.                                            
                                                                               
 SERGEANT GILLIAM explained that some of the crimes investigated in            
 1995 included violent crimes, property crimes, drug offenses and              
 other miscellaneous offenses.  He noted that there had been                   
 approximately 3700 charges against juvenile offenders and of those            
 offenses 149 involved weapons, approximately 200 drug offenses, 10            
 arsons, over 400 assaults, over 50 robberies, 23 sexual assaults              
 and 4 charged with either murder, manslaughter or conspiracy to               
 commit murder.                                                                
                                                                               
 SERGEANT GILLIAM advised members that HB 3 would assist the                   
 Anchorage Police Department in its function of public safety by               
 providing the opportunity to disclose information to school                   
 officials on suspects that had been arrested.                                 
                                                                               
 REPRESENTATIVE BUNDE asked Sergeant Gilliam to address the term               
 "may" disclose, and the possibility of unequal treatment by the               
 various jurisdictions within the state.                                       
                                                                               
 SERGEANT GILLIAM advised members that the only information they               
 would release would be a probable cause arrest that indicated that            
 the individual was responsible for the crime, and if there was a              
 reason to protect the school district or the public safety.  The              
 Anchorage Police Department was comfortable with the use of the               
 term "may" versus "shall".                                                    
                                                                               
 CHAIRMAN GREEN asked Sergeant Gilliam to address the language on              
 page 1, line 11, and asked if that would mean may have committed              
 prior to being adjudicated.                                                   
                                                                               
 SERGEANT GILLIAM read that to mean that there was a probable cause            
 arrest at the time the juvenile was detained.                                 
                                                                               
 Number 1833                                                                   
                                                                               
 REPRESENTATIVE BERKOWITZ asked if the police department generally             
 had information regarding a juvenile's arrest history.                        
 SERGEANT GILLIAM advised members that some information was                    
 difficult to retrieve regarding juvenile arrest histories.  He                
 pointed out that juveniles were adjudicated as delinquent rather              
 than convicted, and that information was sealed and inaccessible.             
                                                                               
 Number 1950                                                                   
                                                                               
 LAURA ROREM, speaking on her own behalf, advised members that she             
 was the parent of two adopted children, now ages 21 and 24, who had           
 both suffered from brain disorders since birth.  She pointed out              
 that she was also a member of the Alaska Mental Health Board.                 
                                                                               
 MS. ROREM explained that neurobiological disorders, such as mental            
 illness and organic brain disorders, such as fetal alcohol syndrome           
 were diseases that affect behavior, thought processes, mood,                  
 judgement, reason and the ability to make a decision.  She noted              
 that those illness were not caused by a bad environment, abuse or             
 neglect, adding that those diseases were grossly misunderstood and            
 treatment was sporadic, difficult to access and blame-oriented.               
 MS. ROREM advised members that in seeking help for her children,              
 they, as parents, were repeatedly told a crime would have to be               
 committed prior to receiving help.  Ms. Rorem stated that at age              
 15, one of the boys was arrested for felony assault and when they             
 approached the Johnson Youth Center, the authorities blamed the               
 parents for his behavior and resulting arrest.                                
                                                                               
 MS. ROREM stated that publishing the parents' names and the name of           
 the child would not have served as a deterrent in their case, nor             
 would it have brought appropriate intervention or treatment.  Ms.             
 Rorem explained that there was a universal fear among parents of              
 children with brain disorders that the prison system and court                
 system would become the treatment their child receives, rather than           
 appropriate treatment and intervention.                                       
                                                                               
 Number 2242                                                                   
                                                                               
 REPRESENTATIVE CROFT asked what effect the proposed legislation               
 would have on the willingness of people to become foster parents if           
 disclosure of the parent's names was allowed.                                 
                                                                               
 MS. ROREM felt it would be very scary for either foster parents or            
 adoptive parents because they would be looked upon as being bad               
 parents.                                                                      
                                                                               
 REPRESENTATIVE PORTER pointed out that the bill provided the                  
 opportunity, rather than the requirement, for a police department             
 to make certain information public.  He asked Ms. Rorem if she felt           
 the Juneau Police Department would make public information directly           
 related to her situation.  Ms. Rorem felt it would depend on who              
 the arresting officer was.                                                    
                                                                               
 REPRESENTATIVE PORTER's response was that he did not feel the                 
 arresting officer would have that option, that it would be a policy           
 dictated by the Chief of Police.                                              
                                                                               
 MS. ROREM felt the information could be released by the officer.              
                                                                               
 TAPE 97-10, SIDE B                                                            
 Number 000                                                                    
                                                                               
 ROBIN LOWN, Vice President, Alaska Peace Officer's Association,               
 advised members that based on the Association's review of HB 3,               
 they were in support of the proposed legislation.  It was felt that           
 minors who committed offenses that would be felonies if committed             
 by an adult should not be afforded disclosure protection.  Mr. Lown           
 noted that the original bill, HB 3, proposes that disclosure be               
 made upon the arrest of a juvenile and it was his suggestion that             
 the language also include "charged" with a crime.  He explained               
 that often times there are juveniles that the police department               
 know committed an offense; however, they were unable to locate the            
 individual.  Mr. Lown stated that they could charge the juvenile              
 without having him or her in actual custody and that it would be to           
 the public's benefit to be able to release that information.                  
                                                                               
 REPRESENTATIVE BERKOWITZ asked if it would be correct to say that             
 the decision to charge an individual with a felony or a misdemeanor           
 would fall beyond the arresting officer's purview.                            
                                                                               
 MR. LOWN responded that usually when a felony charge was levied,              
 the prosecuting authorities would be contacted in advance and they            
 give the permission to charge a felony crime.  He noted that it was           
 generally not the case where the officer, on the street, would make           
 that decision.                                                                
                                                                               
 REPRESENTATIVE BERKOWITZ asked whether the Department of Law should           
 be involved as to whether an individual's name should be released.            
                                                                               
 MR. LOWN advised members that the department would be doing that by           
 the fact of reviewing a case prior to it being charged, or an                 
 arrest was made.  He expressed that the district attorney's office            
 would be contacted and advised of the circumstances and the                   
 probable cause, and they would decide what to charge the individual           
 with.                                                                         
                                                                               
 REPRESENTATIVE BUNDE posed the question to Mr. Lown regarding how             
 the various jurisdictions would respond to the release of                     
 information.                                                                  
                                                                               
 MR. LOWN felt each jurisdiction would react somewhat differently to           
 the disclosure of information; however, his personal opinion was              
 that if a juvenile committed a felony that his name should be made            
 public.                                                                       
                                                                               
 Number 790                                                                    
 MARGOT KNUTH, Assistant Attorney General, Department of Law, spoke            
 on behalf of the Governor's Children's Cabinet which consisted of             
 the Commissioner of Public Safety, Attorney General Commissioner of           
 Health and Social Services, Commissioner of Community and Regional            
 Affairs and the Commissioner of the Department of Education.                  
 She noted that all commissioners had been concerned with the                  
 problem of juvenile crime and what the state could do to turn the             
 situation around.                                                             
                                                                               
 MS. KNUTH pointed out that Governor Knowles appointed his                     
 Conference on Youth and Justice the previous year with                        
 Representatives Porter and Kelly being active members of that                 
 conference.  She explained that it was specifically designed to be            
 a bipartisan undertaking to propose constructive solutions for                
 individuals, communities and the state on how to address juvenile             
 crime.                                                                        
                                                                               
 MS. KNUTH advised members that HB 3 was the same as last year's               
 legislation, HB 104, which Governor Knowles vetoed because of his             
 concern that the disclosure was from the moment of charge, rather             
 than sometime later in the proceedings.  She pointed out that when            
 the bill was vetoed, Governor Knowles indicated that while he did             
 believe it was appropriate to disclose certain types of information           
 about juveniles who commit crimes he felt the proposed approach was           
 flawed.  At that time he indicated his intent to appoint a                    
 Conference on Youth and Justice.                                              
                                                                               
 MS. KNUTH advised members that the Conference on Youth and Justice            
 did arrive at a proposal which was currently embodied in the                  
 Governor's bill, HB 97.  She expressed that HB 97 would provide for           
 disclosure of information from the moment a petition for                      
 adjudication of delinquency was filed with the court.   Ms. Knuth             
 pointed out that there were more cases of mistaken identity with              
 youths in arrest situations than with adults.                                 
                                                                               
 MS. KNUTH advised members that most arrests, in felony cases, were            
 made before an attorney had an opportunity to review the                      
 circumstances.  She noted that by using the language "when a                  
 petition is filed" the bill would provide an extra level of                   
 assurance that the change was, indeed, appropriate.                           
                                                                               
 MS. KNUTH advised members that the position of the administration             
 was that the public had a right to know when juveniles had                    
 committed serious and violent offenses and pose a risk to the                 
 public.  She noted that the term "felony" was a broad brush that              
 included offenses that did not present the same type of danger that           
 other felony offenses did.  Of particular concern were crimes of              
 violence and crimes against persons.  The Governor's proposal,                
 along with the Conference's recommendation to the Governor, was               
 that the public should be allowed access to information regarding             
 felony crimes a youth commits against a person from the moment a              
 petition is filed.                                                            
 MS. KNUTH pointed out that children are able to change much more              
 rapidly than adults.  She felt that was the main reason that extra            
 protection is afforded children in the criminal system.  Ms. Knuth            
 stated that one of the main factors a parole board considers when             
 contemplating release of an offender on discretionary parole was              
 the age of the individual when they committed the offense.  She               
 advised members that a great number of the state's juvenile                   
 offenders who are referred to Health and Social Services, go on to            
 become law abiding citizens of tomorrow.  Ms. Knuth noted that she            
 was concerned that one could actually be promoting "high chair to             
 the electric chair" if inappropriate public disclosure should take            
 place.                                                                        
                                                                               
 MS. KNUTH felt one necessary component of a successful formula                
 would be to provide for appropriate intervention at the local level           
 in particular.  She noted that one of the most exciting                       
 recommendations that came out of the Governor's Conference was that           
 the state should enable local communities to respond to the lower             
 level juvenile offenses.  Ms. Knuth advised members that in the               
 communities they visited throughout the state, there was the                  
 recognition that Health and Social Services was not doing what                
 needed to be done with the troubled youth in the state.  This was             
 because their resources were quite restricted because of a                    
 decreasing budget.   As a result, department expends their energies           
 into the most serious offenses, which comes down to putting the               
 most work into the fewest number of cases.                                    
                                                                               
 MS. KNUTH advised members that the Conference recommended that                
 communities be given the ability to respond to the low level                  
 offenders, and the communities responded enthusiastically to that             
 concept.  Ms. Knuth noted that the vehicle of choice in Anchorage             
 was to come up with a hearing officer system, whereby, in exchange            
 for not going through Health and Social Services formal delinquency           
 proceedings, the child would agree to have the case heard before              
 the hearing officer.  That process would not result in a criminal             
 record, although a record would be provided Health and Social                 
 Services, but would result in restitution to the victim and                   
 restoration to damaged property, et cetera.  She felt that process            
 would provide a good deterrent.  Ms. Knuth pointed out that the               
 smaller communities wanted to use a community court system where              
 the elders of the community would be the authority figures who                
 would require an accounting.                                                  
                                                                               
 MS. KNUTH advised members that the Children's Cabinet and the                 
 administration did not have an issue with the portions of the bill            
 relating to disclosures to insurance companies.  However, they did            
 feel the discretionary law enforcement disclosure to the public               
 needed more fine tuning.                                                      
                                                                               
 REPRESENTATIVE PORTER advised members that to his knowledge, the              
 district attorney's policy in Anchorage was if an apprehension were           
 anticipated in an investigation, that a discussion on the elements            
 that existed and the appropriateness of the charge would occur                
 prior to the apprehension.  He noted that the only circumstance               
 that they would allow would be that an arrest had been made and a             
 crime in progress when the arrest was necessary for the immediate             
 confiscation of evidence that would otherwise be lost.                        
 Representative Porter asked if that practice had changed.                     
                                                                               
 MS. KNUTH expected that an arrest was handled differently in                  
 different areas of the state.  She pointed out that in Juneau the             
 only occasions on which the district attorney's office would review           
 a felony case and say, go ahead and make an arrest, was if it had             
 been an ongoing investigation.                                                
                                                                               
 Number 1955                                                                   
                                                                               
 REPRESENTATIVE JEANNETTE JAMES expressed that over the past few               
 years teachers had testified before the committee regarding the               
 ability to identify children who seem to have a potential for                 
 mental or behavior problems.  She asked Ms. Knuth if she was aware            
 of any solution to early intervention in those types of cases.                
                                                                               
 MS. KNUTH felt that the focus was finally becoming that of early              
 intervention through community involvement and various programs.              
 She advised members that it had been unsuccessful to wait until the           
 state had probable cause to file a petition for delinquency on                
 those  juveniles.  Ms. Knuth pointed out that one of the more                 
 exciting recommendations, that did not require legislation, was the           
 creation of what is called Community Justice Action Teams.  These             
 groups would include police, prosecuting authorities, educators,              
 social workers and concerned citizens to specifically target kids             
 who were at risk of becoming serious chronic offenders.  The team             
 would observe those juveniles and attempt to dispel the sense of              
 skating.                                                                      
                                                                               
 REPRESENTATIVE JAMES stated that she was concerned with the safety            
 of the public and their right to know of a potential danger.  She             
 questioned the means of authorizing disclosures for those cases               
 that needed to be disclosed without using extreme discretion, and             
 if there was language that would be binding enough to withstand a             
 challenge.                                                                    
                                                                               
 MS. KNUTH advised members that the recommendation of the Governor's           
 Conference was to have disclosure take place when a petition was              
 filed for felonies that were crimes against a person.  Ms. Knuth              
 stated that the problem with that recommendation was that petitions           
 were not filed in most cases, adding that approximately 75 percent            
 of those cases were adjusted prior to a petition being filed.  She            
 noted that within the 75 percent group, there would be some serious           
 offenders, or at risk of becoming serious offenders.                          
                                                                               
 TAPE 97-11, SIDE A                                                            
 Number 000                                                                    
 MS. KNUTH pointed out the need to have more disclosures to schools            
 and especially to teachers.  She felt that was an area that could             
 be tailored to say, "the department (DHSS) shall disclose;" and               
 that would include disclosure to the principal and the teacher in             
 the classroom of a child's particular behavior.  Another proposal             
 was to make sure that the law enforcement agencies had as much                
 information about juveniles as possible.  Ms. Knuth advised members           
 that one of the items they expect to see in the capital budget was            
 funds that would provide for computer hardware to link Health and             
 Social Services juvenile computer records with law enforcement                
 agencies' computer systems.                                                   
                                                                               
 REPRESENTATIVE BUNDE asked what types of felonies Ms. Knuth felt              
 should not be included in the disclosure process.                             
                                                                               
 MS. KNUTH suggested that Class C drug felonies not be included                
 because the possession of any quantity of marijuana found on the              
 school grounds was an automatic felony.  She pointed out that often           
 times that was an isolated incident and one in which the Department           
 of Health and Social Services had had a great deal of success in              
 working with the child and the family.  Ms. Knuth stated that one             
 of the concerns the department had expressed with making those                
 juvenile records public, was how it would affect the child's chance           
 of employment when they get out of school.  Ms. Knuth stated that             
 criminal mischief and theft offenses were felonies at the $500                
 level, noting that in this day and age, a broken window would cost            
 that or more, and those were crimes that would not put a person's             
 well-being at risk.                                                           
                                                                               
 REPRESENTATIVE BUNDE posed the question as to how the different               
 jurisdictions would apply the law.                                            
                                                                               
 MS. KNUTH stated that it was a legitimate concern that each law               
 enforcement agency would interpret the law differently.  She felt             
 there would be departments that chose to have no disclosure, and              
 departments that would choose to have disclosure in all instances.            
 Ms. Knuth added that some departments would decide that all parents           
 should be named, with another deciding never to disclose the                  
 parent's names.  Ms. Knuth pointed out that there had been no                 
 studies conducted in the United States that reveal the results of             
 public disclosure.                                                            
                                                                               
 CHAIRMAN GREEN announced that HB 6 would be brought before the                
 committee on Monday, February 10th, because of the lack of time to            
 address it during this meeting.                                               
                                                                               
 BARBARA BRINK, Acting Director, Public Defender Agency, Department            
 of Administration, agreed with most of the testimony provided by              
 Ms. Knuth.  She felt the proposed legislation could induce some               
 unintended consequences through the release of information to the             
 general public.  Ms. Brink urged the committee to consider not                
 releasing information at the time of arrest, or even at the point             
 of filing a petition.  She expressed that if the child and his or             
 her family were allowed to be stigmatized by providing information            
 to the public, in general, would damage that family prior to                  
 knowing if the juvenile committed a crime.  Ms. Brink noted that              
 innocent people did get arrested and innocent people were often               
 forced to go to trial and it would not be until the case was                  
 acquitted that the truth is made known.  Ms. Brink also referenced            
 the adverse psychologic effect a false disclosure could have on the           
 child and his/her family.                                                     
                                                                               
 MS. BRINK pointed out that Alaska's juvenile crime rate was rated             
 37th in the nation, i.e., lower than most states in the United                
 States.  However, she expressed that Alaska was rated second in the           
 nation in locking juveniles up and the length of time they are                
 locked up.  Ms. Brink noted that a study conducted on the                     
 McLaughlin Youth Center and the programs provided there resulted in           
 a 50 percent success rate, which was unusually high nation-wide.              
                                                                               
 MS. BRINK stated that the reason the bill was initially filed was             
 because of a problem with the Division of Family and Youth Services           
 jeopardizing millions of dollars in federal funds because juvenile            
 delinquents and children in need of aid were both handled within              
 the one division.  She pointed out that if there was a disclosure             
 at the agency level, it would have jeopardized those federal funds            
 and the proposal was a means of not putting those federal funds at            
 risk.  Ms. Knuth advised members that the department was moving               
 forward with plans to further subdivide the children in need of aid           
 cases from the juvenile delinquent cases.                                     
                                                                               
 ANGELA SALERNO, Executive Director, National Association of Social            
 Workers, agreed with most of the testimony provided by Ms. Knuth              
 and Ms. Brink.  She expressed that the juvenile justice system, as            
 known presently, was the result of reform.  Ms. Salerno stated that           
 during the last century, prior to having a juvenile court,                    
 juveniles had been treated as if they were adults when they                   
 committed crimes.  She pointed out that the American public                   
 decided, at that time, that it was unacceptable and inappropriate             
 to treat children as adults.  The realization came about that those           
 children were being lost when they could very well have been                  
 rehabilitated.                                                                
                                                                               
 MS. SALERNO pointed out that the state presently had a very good              
 system in place which provided for intervention, treatment,                   
 punishment and accountability, adding that Alaska was very tough on           
 juvenile criminals.  She reiterated that Alaska was number two in             
 the nation for locking up kids, and also number two in the nation             
 for the length of time those kids are kept in detention.                      
                                                                               
 MS. SALERNO stated that because of the confidentiality afforded               
 kids in the state, she felt there was a misperception in the                  
 community that nothing happens when juveniles offend.  She                    
 expressed that the state had very strict and swift consequences in            
 the state, adding that juvenile waiver existed in the state now               
 where those juveniles who had committed serious crimes were                   
 automatically treated as adults.  Ms. Salerno advised members that            
 many juvenile cases had been waived to adult courts in the state of           
 Alaska.                                                                       
                                                                               
 MS. SALERNO did not disagree that there was a need for public                 
 safety; however, her concern was how effective the disclosures                
 would be and what the public would do with the information once               
 they received it.  She felt the proposed legislation would create             
 a greater fear in the community and almost ensures that the                   
 families facing the crisis in question, already struggling on the             
 brink, could be pushed a little closer to real disintegration.                
                                                                               
 MS. SALERNO advised members that she had searched for data relating           
 to the concept of the proposed legislation and was not able to find           
 any.  She expressed that it was a new idea with no data to back it            
 up and felt it was being done in desperation.                                 
                                                                               
 MS. SALERNO pointed out that the National Association of Social               
 Workers was in support of prevention, and asked that members                  
 consider the issue dispassionately and attempt to decide it on its            
 merits.                                                                       
                                                                               
 Number 1765                                                                   
                                                                               
 REPRESENTATIVE JAMES expressed her understanding of Ms. Salerno's             
 passion on the issue; however, she stated that her analogy to the             
 whole situation with children was that it was kind of like                    
 parenting.  She pointed out that the public was concerned about the           
 issue and was seeking a solution which meant it was necessary to do           
 something.  Representative James asked if Ms. Salerno had any                 
 suggestions on how the legislature should address the issue.                  
                                                                               
 MS. SALERNO agreed that danger did conceivably exist and it was the           
 people's right to know for public safety reasons.  However, she did           
 not feel the community was presently equipped to deal with the                
 issue in a constructive and productive manner.   Ms. Salerno                  
 expressed her belief in the ability of all people to change and               
 grow.                                                                         
                                                                               
 Number 2130                                                                   
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 CHAIRMAN JOE GREEN adjourned the House Judiciary Committee meeting            
 at 3:25 p.m.                                                                  
                                                                               

Document Name Date/Time Subjects