Legislature(1995 - 1996)
02/26/1996 01:30 PM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
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SENATE JUDICIARY COMMITTEE
February 26, 1996
1:30 p.m.
MEMBERS PRESENT
Senator Robin Taylor, Chairman
Senator Lyda Green, Vice-Chairman
Senator Mike Miller
Senator Al Adams
MEMBERS ABSENT
Senator Johnny Ellis
COMMITTEE CALENDAR
SENATE BILL NO. 242
"An Act relating to sentencing for felony offenses." SCHEDULED BUT
NOT HEARD.
SENATE JOINT RESOLUTION NO. 32
Proposing amendments to the Constitution of the State of Alaska
relating to the constitutional defense council.
SENATE BILL NO. 269
"An Act relating to court records concerning children in need of
aid and delinquent minors."
SENATE BILL NO. 270
"An Act relating to juveniles; relating to the jurisdiction of
juvenile courts; relating to the release of juveniles; and relating
to records concerning juveniles."
SENATE BILL NO. 289
"An Act relating to runaway minors and their families or legal
custodians."
PREVIOUS SENATE COMMITTEE ACTION
SJR 32 - No previous Senate action.
SB 269 - No previous Senate action.
SB 270 - No previous Senate action.
SB 289 - No previous Senate action.
WITNESS REGISTER
Senator Judy Salo
Alaska State Capitol
Juneau, Alaska 99811-1182
POSITION STATEMENT: Sponsor of SB 269
Senator Steve Frank
Alaska State Capitol
Juneau, Alaska 99811-1182
POSITION STATEMENT: Sponsor of SB 289
Kelly Huber
Alaska State Capitol
Juneau, Alaska 99811-1182
POSITION STATEMENT: Testified for sponsor of SB 270
Bernard Goodno
c/o P.O. Box 92
Delta Junction, AK 99737
POSITION STATEMENT: Opposed SJR 32
Gene Ottenstroer
c/o P.O. Box 1059
Delta Junction, AK 99739
POSITION STATEMENT: Opposed SJR 32
Carmen Clark-Weeks
1026 Nelchina
Anchorage, AK 99501
POSITION STATEMENT: Supported SB 270
Lynn Stimler
ACLU
P.O. Box 201844
Anchorage, AK 99520
POSITION STATEMENT: Commented on SB 269 and SB 270
Chris Christensen
Office of the Administrative Director
Alaska Court System
303 K St.
Anchorage, AK 99501-2084
POSITION STATEMENT: Commented on SB 269 and SB 270
Cam Carlson
P.O. box 80234
Fairbanks, AK 99708
POSITION STATEMENT: Supported SB 289
Diane Worley
Division of Family and Youth Services
P.O. Box 110630
Juneau, AK 99811-0630
POSITION STATEMENT: Commented on SB 269 and SB 270
John Regitano
210 1st Ave.
Fairbanks, AK 99701
POSITION STATEMENT: Supported SB 289
Al Near
P.O. Box 80847
Fairbanks, AK 99708
POSITION STATEMENT: Supported SB 289
Guy Patterson
P.O. Box 70854
Fairbanks, AK 99707
POSITION STATEMENT: Commented on SB 289
Florence Loucks
201 1st Ave.
Fairbanks, AK 99701
POSITION STATEMENT: Supported SB 289
Judy Shiffler
929 Reindeer Dr.
Fairbanks, AK 99709
POSITION STATEMENT: Supported SB 289
Anne Carpeneti
Department of Law
P.O. Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Commented on SB 269, SB 270 and SB 289
ACTION NARRATIVE
TAPE 96-16, SIDE A
Number 001
CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to
order at 1:37 p.m. All members were present except Senator Ellis.
The first item of business, SB 242, was rescheduled at the
sponsor's request. The committee took up SJR 32.
SJR 32 CONSTITUTIONAL DEFENSE COUNCIL
SENATOR TAYLOR, prime sponsor of SJR 32, informed committee members
the measure would amend the Alaska Constitution to create a
constitutional defense council which could, on behalf of the state,
bring actions or intervene in actions, involving questions of state
or federal constitutional law. In the past year, the Governor
dismissed the Babbitt case a few days before it was to be heard
before the Ninth Circuit Court of Appeals. That case decided who
would implement federal regulations concerning subsistence in
Alaska. Dismissal of that case allowed the federal government to
proceed, without objection, in drafting and imposing regulations on
Alaskans which is in violation of the Alaska Constitution according
to the Alaska Supreme Court. The legislature attempted to bring
that action but was denied on the basis of standing. Similarly, an
appeal was recently dismissed regarding tribal status. Dismissal
of that appeal forfeited significant state constitutional rights.
SJR 32 would allow voters to amend the Constitution to establish a
council comprised of five appointed members, subject to
confirmation by a majority of the legislature with the presiding
officers of each house serving as ex-officio members. One member
would be appointed by the Governor, two by the House Speaker, and
two by the Senate President. Appointed members would serve five-
year terms, and could be removed for cause only by the appointing
authority. Terms would be staggered. The constitutional amendment
would be placed before the voters during the next election cycle.
Number 085
SENATOR GREEN asked if SJR 32 is patterned after constitutional
amendments from other states. SENATOR TAYLOR replied two other
states have amended their constitutions. In both states, the
council acts in an advisory capacity to the Governor, however both
states have an elected attorney general. If the governor disagrees
with the advisory group, public debate would likely bring about
intervention or involvement in litigation to protect the state's
constitution. That amendment is considered to be a first step in
both of those states, but if it does not prove to be effective,
legislation similar to SJR 32 will be introduced.
SENATOR ADAMS asked which states have amended their constitutions.
SENATOR TAYLOR responded Arizona and Utah. SENATOR ADAMS asked,
had this council been in place, what issues it would have
challenged. SENATOR TAYLOR replied, aside from the two cases
previously mentioned, there have been times in the past when the
legislature attempted to intervene in litigation and was denied
that opportunity due to standing.
Number 136
BERNARD GOODNO, testifying from Delta Junction, stated he believes
a constitutional defense council is unnecessary. If legislators
uphold their oath of office, every law passed would conform to the
Constitution. Any publically-elected official not upholding that
oath is committing treason and should be tried.
SENATOR TAYLOR noted this bill does not address legislation passed
in the state, as adequate procedures and precautions exist, however
it does address federal legislation which mandates action be taken
in the state. He felt removal of office to be a harsh standard to
use if a better method is available.
MR. GOODNO stated he is reviewing other court cases regarding
jurisdiction of the federal government and offered to send
information to the committee.
GENE OTTENSTROER, testifying from Delta Junction, did not believe
a council is necessary, and questioned whether its formation would
be legal since the council would not be publically elected yet have
power to change the Constitution. He questioned whether a council,
appointed by government officials, should have that power.
SENATOR TAYLOR explained the council would only have the authority
to bring suit if it believed the Alaska Constitution was being
violated. MR. OTTENSTROER disagreed, and believed it could make
changes to the Constitution.
There being no further testimony, SENATOR GREEN moved SJR 32 out of
committee with individual recommendations. SENATOR ADAMS objected.
The motion carried with Senators Taylor, Green, and Miller voting
"yea," and Senator Adams voting "nay." SENATOR ADAMS wished
Senator Taylor luck in obtaining 14 votes.
SB 269 CT RECORDS PUBLIC FOR CERTAIN DELINQUENTS
Number 223
SENATOR JUDY SALO, sponsor of SB 269, gave the following summary of
the legislation. SB 269 removes some of the current protection for
juvenile names of perpetrators of crime. The existing protection
ensures a juvenile does not become a criminal by virtue of being so
labelled, however the nature of juvenile crime in the past decade
has changed, and more juveniles are committing felonies. In
drafting SB 269, a balance between the rights and protection of
juvenile offenders and victims of juvenile crime was considered.
SB 269 would allow records to be opened if the offender committed
a felony and is over 13 years of age. Because of the escalating
number and serious nature of juvenile crimes, the vast majority of
Alaskans feel juvenile offenders are overprotected.
SENATOR SALO continued. Section 1 lists those records still
protected. Section 1(d)(2) exempts the records of minors in need
of aid to prevent the loss of federal funding. Section 2 again
addresses the child in need of aid confidentiality provision, and
Section 3 pertains to the opening of records and their
availability. The fiscal note from the Department of Health and
Social Services is extensive and deals with the potential loss of
federal funding.
Number 275
SENATOR ADAMS stated both SB 269 and SB 270 conflict with federal
law, and need further review to remedy that problem. Additionally,
the state would lose Title IV funding which amounts to $8 million
per year.
SENATOR GREEN asked if there has been a way to do both. SENATOR
SALO replied she and staff reviewed this problem extensively.
Representative Oken has introduced a bill which addresses the same
issue and may come closest to maintaining federal funds. She
explained if the Court System is asked to differentiate between
records of minors, the process to delineate between all of the
records would be extensive, therefore not only would federal
funding be jeopardized, but the workload would increase
substantially.
SENATOR ADAMS questioned whether the general policy issue of
opening records of children 13 and older should be reviewed.
SENATOR GREEN asked if any distinction is made regarding access to
records based on the nature of the crime, under current law or in
SB 269. SENATOR SALO replied SB 269 does allow records of felons
to be opened, but the differentiation was made in the spirit of
preventing the names of minors who had committed one misdemeanor
from being released, rather than to comply with federal law. She
commented the records would become closed again at age 18 if the
sentence had been served, but that is unlikely if a person
committed a felony.
SENATOR TAYLOR announced he would hold further testimony on SB 269
until both Senators Frank and Halford have presented testimony on
their bills.
SB 289 MISC. LAWS RELATING TO RUNAWAY MINORS
SENATOR STEVE FRANK, sponsor of SB 289 gave the following
testimony. SB 289 arose from discussions with parents in Fairbanks
about runaways, a difficult issue surrounded by an extreme amount
of frustration. Concrete suggestions from parents were studied
when drafting the legislation to find ways to improve the
situation. SB 289 removes "just cause" in AS 11.51.130 (the
contributing to the delinquency of a minor section), because it is
virtually impossible for the Department of Law to prosecute a
person because those words create a large loophole. SB 289
requires a police officer to take a runaway home, after being
picked up. This policy change mandates the police officer to
escort the child to the home and determine whether it is a safe
environment, rather than rely on the runaway's statements. If the
police officer feels the child could be in danger in the home
environment, the runaway would be taken elsewhere. SB 289 also
addresses the revolving door nature of runaway shelters by
requiring that shelters be "semi-secure," which would enable
shelter managers to notify police when a runaway has left. That
term was chosen because the requirement of a fully secure shelter
would entail constitutional questions and higher costs. SB 289
places more emphasis on family reconciliation and decreases the
revolving door problem.
SENATOR FRANK explained changes made to the proposed committee
substitute. On page 1, lines 14 and 15, the words "without just
cause" would be deleted because there are not many good reasons to
encourage a child to be repeatedly absent from school.
SENATOR ADAMS asked who suggested the changes made in the proposed
committee substitute. SENATOR FRANK replied parents made the
suggestions.
SENATOR FRANK continued. On page 2, line 15, the phrase "within 12
hours" should be deleted as it is an arbitrary amount of time which
is unnecessary. On page 2, line 29, and page 3, line 3, the word
"suspect" should be changed to "believed" to create a higher
standard for the police officer to meet.
SENATOR TAYLOR noted the actual work draft of the committee
substitute is significantly different than the bill that was
referred to the committee. He commented on page 2, beginning on
line 2, language has been added regarding notification of various
departments. SENATOR FRANK explained his staff has been working
with the department, service providers and parents. Changes to the
proposed committee substitute reflect that effort.
SB 270 JUVENILE OFFENDER PROCEEDINGS & RECORDS
KELLY HUBER, legislative assistant to Senator Halford, sponsor of
SB 270, explained the legislation as follows. SB 270 reflects
concerns about the juvenile justice system brought to Senator
Halford's attention by the Municipality of Anchorage. SB 270
provides municipalities the ability to respond to less serious
juvenile offenders by expanding its jurisdiction to subject
juveniles who commit less serious crimes to civil infractions
and/or mediation. SB 270 also grants the court more flexibility
when considering standard bail in sentencing factors. This will
provide the courts the latitude to make appropriate decisions when
the public interest differs from the best interest of the juvenile.
The bill also amends current statute to make public records of
juvenile offenders age 13 or older. That provision applies to
misdemeanor offenses as well as felonies, however there are
specific requirements for different offenses.
SENATOR TAYLOR asked whether the disclosure provision in SB 270
would create the same problems discussed in Senator Salo's bill.
MS. HUBER answered that regarding the elimination of federal funds,
the sponsor is aware of that possibility and expects that issue to
be addressed in the Finance Committee. SENATOR TAYLOR felt the
legal change necessary to satisfy that concern should be made in
the Judiciary Committee. SENATOR ADAMS suggested incorporating SB
270 into SB 269.
The committee took public testimony on SB 269, SB 270 and SB 289.
Number 473
CARMEN CLARK-WEEKS, Anchorage Municipal Prosecutor, testified in
support of SB 270. The bill grants the municipality flexibility
when responding to low-level juvenile offenses. Current response
demands to an increased number of serious juvenile offenses
prevents the municipality from giving attention to lower-level
offenses. Section 1 would allow the municipality to set up a
program to allow individuals to be immediately charged with the
infraction, would appoint a hearing officer to respond to the
charges and set immediate consequences. Section 2 gives the court
more options when determining the juvenile's level of
dangerousness, community needs, likelihood that parents or
guardians will get them to court, and the likelihood of
reappearance in court. Currently the juvenile court system, in
making conditions of release or dispositional orders, is restricted
to choosing the option that is in the best interest of the
juvenile. SB 270 incorporates the same factors used by the court
with adult offenders. Regarding the policy issue of record
disclosure, Ms. Clark-Weeks commented that although the public
perceives the juvenile justice system to be ineffective, to a large
degree, that misperception is created by the cloak of secrecy
surrounding that system. The secrecy allows judges, prosecutors,
defense attorneys and witnesses to avoid responsibility and
accountability.
LYNN STIMLER, Executive Director of the Alaska Civil Liberties
Union (ACLU), testified in opposition to the record disclosure
provision in both SB 269 and SB 270. She discussed HB 115 which
did not pass out of committee because of the fiscal note attached
to it. She asked for more clarification of the costs associated
with record disclosure. She disagreed that secrecy is a problem.
She noted juveniles have a lesser right to attorneys than adults
therefore finding enough attorneys to defend disclosure of records
will be difficult. Juveniles have a fundamental right of privacy
and a right to rehabilitation; the disclosure of records is
violative of those rights and may be detrimental to employment and
educational potential. She noted HB 104 permits the release of
juvenile records to the media. She felt it important that all of
these bills be reviewed simultaneously so that this issue is
addressed with consistency regarding juvenile rights.
Number 569
SENATOR TAYLOR commented many people share the same concerns but
felt it is difficult to rationalize the current policy in which a
juvenile is treated as an adult in district court and the name is
disclosed if he/she committed misdemeanor offenses, such as
reckless driving, in possession of tobacco and/or alcohol, or
damaging public property, however if that same juvenile stole a
vehicle, a felony offense, he/she falls under the jurisdiction of
the Division of Family and Youth Services and records are kept
confidential.
TAPE ONE, SIDE TWO
Number 000
MS. STIMLER felt the scenario described to be somewhat inflammatory
but plausible. She noted the State of Alaska has had a consistent
policy in regard to the protection of juvenile records but is now
moving toward disclosure. Although she opposed disclosure of any
juvenile records, she repeated her belief that a piecemeal approach
may be unconstitutional and may violate important federal
legislation that was enacted for a purpose. She asked if the
legislature will be setting up a revolving door of recidivism
because disclosing records stigmatizes juveniles. She felt the
goal of the juvenile justice system should be rehabilitation.
SENATOR TAYLOR clarified his opinion that existing state law is a
piecemeal approach which treats juveniles as adults for some
offenses and not for others with little rationale for the
differentiation. He agreed a more consistent approach is
necessary to meet objectives.
MS. STIMLER added that if the legislative focus regarding these
bills is on finding ways to prevent the loss of federal funds, the
same problems will exist. SENATOR TAYLOR commented the goal should
be to create a rational policy and asked Ms. Stimler to provide
written suggestions.
Number 544
MS. CLARK-WEEKS clarified if a juvenile did more than $50 in damage
to public property in Anchorage, the juvenile would be charged with
a criminal offense as a juvenile, not as an adult, based on Green
v. State. She explained in that Alaska Supreme Court decision, a
distinction was made between traffic offenses under Title 28 and
criminal offenses under Title 11.
CHRIS CHRISTENSEN, general counsel to the Alaska Court System,
testified on both SB 269 and SB 270. The Alaska Court System takes
no position on either piece of legislation. A fiscal note has been
completed for SB 269, but not for SB 270. Approximately three-
quarters of the cost of the submitted fiscal note is due to the
fact that all existing juvenile records in the specified categories
would need to be opened, not just records created after the
effective date. The Court System's filing system treats all such
records as confidential. A review of all files would be extremely
time consuming and expensive but necessary for two reasons. The
court handles both delinquency cases and child in need of aid
(CHINA) cases. Because of the relationship between a juvenile's
CHINA case and delinquency case, there is frequently much CHINA
developed information in a delinquency file. This information
would need to be separated out before the files could become
public. Much of the time, the Court System will not know why
information was put in a file, and whether it was CHINA
information. If either bill passes, a new system will be created
and the cost to do so prospectively would be much less. Second,
unlike adult criminal files which typically have a separate file
for each arrest, a juvenile's entire delinquent history is usually
handled in a single file. It would require substantial clerical
effort to review a file and separate out the confidential matters
from the public matters. He explained the current procedure used
by the Court System when an adult file is requested, which is not
computerized. Statewide, courts receive over 3500 written requests
per year for adult criminal records outside the city where the
court is located. Many more individuals and businesses make
requests at the court house. In Anchorage alone, approximately 75
people per day request 500 individual files. The Court System
faces a tremendous potential impact if SB 269 is made retroactive.
SENATOR TAYLOR asked if the Court System has determined the fiscal
impact of the infraction portion of SB 270. MR. CHRISTENSEN
replied the fiscal note has not been prepared, but that is one of
the areas that will have associated costs. Currently a person
charged with a municipal infraction can pay the fine directly to
the municipality if the person does not choose to contest the
infraction and pays in a timely manner. Approximately one-third of
municipal infractions result in courthouse activity. The court
system has predicted the largest single class of new municipal
citations will be curfew violations and estimates 500 to 1,000 of
those violations per year in Anchorage, and approximately 2,000
statewide.
SENATOR TAYLOR stated one portion of SB 270 would allow
municipalities to use a minor violation statute to impose up to a
$300 fine for certain violations, the other portion allows for
disclosure of records for juveniles over the age of 13. He asked
Mr. Christensen his opinion of utilizing violations as a way of
controlling juvenile activities. MR. CHRISTENSEN replied the
Supreme Court would take no position on that approach.
Number 453
CAM CARLSON, testifying from Fairbanks, stated keeping the names of
juvenile delinquents confidential has not deterred delinquent
behavior. She believed the best deterrent would be to publish
names and pictures on the front page of newspapers statewide. She
supported more exposure of juvenile offenders.
DIANE WORLEY, Director of the Division of Family and Youth Services
(DFYS), testified on SB 269 and SB 270. DFYS will lose up to $8
million if either bill is enacted.
SENATOR TAYLOR asked if she could offer recommendations. MS.
WORLEY noted DFYS worked closely with Representative Kott on HB
104. They thought they had designed a process whereby federal
dollars would not be lost, however in further discussions with the
federal government, that process would jeopardize those funds.
DFYS is currently meeting with Region 10 officials and other
federal officials to obtain a written determination specifying what
can and cannot be part of file disclosure. DFYS is also reviewing
how other states are addressing this problem.
Number 410
SENATOR TAYLOR asked Ms. Worley why Alaska is not losing federal
funds at present since Alaska has chosen, as a state, to publically
disclose traffic violations, fish and game violations, parks
violations, and minor consumption of alcohol and tobacco
possession. MS. WORLEY replied federal funding is strictly related
to those cases dealt with through DFYS which include both CHINA and
juvenile delinquents. Those offenders are not being treated in
district court as adults.
SENATOR TAYLOR questioned whether it would be simpler to add a
provision requiring all juveniles committing misdemeanors to be
treated as adults. That would maintain the separate category of
the worst felons.
MS. WORLEY responded the DFYS strongly believes youth need to be
accountable and the community needs to be protected, but also
believes an avenue for rehabilitation needs to be available.
Keeping juveniles in the juvenile justice system creates a better
avenue for that component of the system and by providing
rehabilitation, those offenders are less likely to become repeat
offenders.
Number 393
SENATOR TAYLOR repeated the legislature needs to develop a more
rational system for distinguishing between certain juvenile
offenses. MS. WORLEY agreed a thoughtful and planned process is
necessary and the goal of DFYS. The Governor's Conference on Youth
and Justice is looking at prevention efforts, early intervention,
and the profile of current offenders. She offered to provide the
committee with the funding determination from the federal
government when it is received, to be used as a starting point for
a workable solution.
SENATOR ADAMS moved adoption of the proposed committee substitute
(Version G) of SB 289. There being no objection, the motion
carried.
The committee took public testimony from Fairbanks on CSSB 289.
JOHN REGITANO, the Executive Director of the Fairbanks Native
Association (FNA), supported the legislation as it addresses
concerns of families of runaway children without decreasing child
protective provisions, and does not jeopardize existing funding to
runaway shelters.
AL NEAR concurred with Mr. Regitano's testimony and supported the
changes made in the committee substitute. He suggested striking
the "just cause" language altogether because he did not believe
there is any just cause for keeping a child away from school. He
agreed with changing the word "suspect" to "believe" but felt a
runaway should be placed in a more secure facility if he/she leaves
the semi-secure shelter.
GUY PATTERSON agreed with Mr. Near's suggestion that runaways that
continue to leave shelters be placed in a more secure facility. As
a parent of a runaway, he has seen the system abused by runaways
repeatedly. He questioned whether changing the word "suspect" to
"believe" would disadvantage the parent in court. He believed a
different agency, not the police officer, should do the
investigation.
FLORENCE LOUCKS, Director of the Family Focus Shelter, felt CSSB
289 addresses parents concerns, the concerns of shelter providers,
and the problem of people who harbor runaways. She supported the
semi-secure provision, as it does not violate federal regulations
regarding restraining adolescents.
Number 108
SENATOR TAYLOR asked what will prevent the revolving door problem.
MS. LOUCKS responded that this provision places the youth in
protective custody, which is not the case at present.
SENATOR TAYLOR stated current law allows for a delinquency petition
when the minor is refusing care. A record of the minor's absences
from a facility could be presented to a judge. MS. LOUCK agreed
this provision would provide a paper trail.
JUDY SHIFFLER stated her support of CSSB 289 as a parent, teacher
and concerned community member. Runaways quickly become wise to
the procedures of the social service and justice systems and find
easy loopholes. The bill helps protect runaways from their own and
other's behavior by requiring early notification of runaways and
establishing stiffer and quicker consequences for the child. She
agreed increasing consequences are necessary to prevent the
revolving door syndrome.
MS. CARLSON thanked Senator Frank for his work on CSSB 289 as she
has volunteered in this arena for 15 years. She has seen too many
families destroyed by governmental interference with families. The
state should not be taking custody of children unless it can
provide better care and can prove the family to be a major failure.
TAPE TWO, SIDE ONE
Number 000
SENATOR TAYLOR moved adoption of amendment #1 to CSSB 289 (page 1,
line 14 delete "without just cause" and on page 2, line 5 delete
"within 12 hours").
SENATOR ADAMS requested the amendments be voted on individually so
that the Department of Law can address the "suspect" language.
There being no objection to adoption of amendment #1, the motion
carried.
SENATOR TAYLOR moved adoption of amendment #2 to CSSB 289am (on
page 2, line 29 and on page 3, line 3, delete the word "suspect"
and insert the word "believe"). SENATOR ADAMS objected and
requested testimony from the Department of Law.
ANNE CARPENETI, Department of Law, stated the change from "suspect"
to "believe" raises the standard and is more commonly used in legal
issues. She requested time to review AS 47.17 before taking a
position on that change.
SENATOR TAYLOR stated that because the bill has two more committee
referrals, the Department of Law's position could be provided to
either of those committees.
SENATOR ADAMS maintained his objection to the adoption of amendment
SENATOR TAYLOR withdrew the motion to adopt amendment #2 and
announced he would repeat it on Wednesday, after the Department of
Law has had the opportunity to review it.
SENATOR ADAMS requested a position paper on CSSB 289 am from the
Division of Family and Youth Services prior to Wednesday.
MS. CARPENETI asked to comment on CSSB 289. She stated this bill
brings into Title 11 many of the concepts used often in Title 47.
Those concepts are not defined in Title 11 and are difficult for
prosecutors to deal with. She agreed with removal of the 12 hour
requirement as it would be difficult for the state to prove the
custodian knew, or should have known, that the minor was absent,
within 12 hours. She stated the best agency to notify about a
runaway is the police, rather the Department of Health and Social
Services, because the police station is staffed seven days per
week. Regarding the affirmative defense, the meaning of "welfare
and imminent danger" is not defined in Title 11. She also
questioned what would be considered a "reasonable effort" in terms
of a person taking in a runaway child in an attempt to help, and
whether it is asking too much for that person to determine whether
there is immediate space at the Department of Health and Social
Services. She asked for the opportunity to work with the sponsor
to tighten up the language.
SENATOR TAYLOR announced CSSB 289 am would be scheduled on
Wednesday, and asked Ms. Carpeneti to have amendments prepared.
Regarding SB 269 and SB 270, MS. CARPENETI stated the Department of
Law echoes the comments made by Ms. Worley.
SENATOR TAYLOR adjourned the meeting at 3:21 p.m.
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