HOUSE BILL NO. 16 "An Act relating to delinquent minors, to the taking of action based on the alleged criminal misconduct of certain minors, to the services to be provided to the victims of criminal misconduct of minors, and to agency records involving minors alleged to be delinquent based on their criminal misconduct; and amending Rule 19 and repealing Rules 6, 7, 11(a), 12(a), and 21(f), Alaska Delinquency Rules." Co-Chair Therriault questioned the fiscal impact of the legislation. THERESA TANOURY, ADMINISTRATOR, CHILD PROTECTION SERVICES, DIVISION OF FAMILY AND YOUTH SERVICES, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, commented that there are two ways for a child to be placed in a locked facility. The first is if the child commits a delinquent act; the other is through the mental health commitment door if that child presents a danger to himself or others. She spoke to the situation of a child falling under the "Children needing aid Statutes". The Department has increasingly witnessed that group of kid's need the locked and more secured care. The Department supports Amendment out that many physicians across the State have recommended more locked and secure settings for these youth. Often times, youth need to be moved out of State for this level of care. Ms. Tanoury noted that Medicaid has changed the way the Department provides secure settings for these children. At present time, the average stay is 3 to 5 days. Amendment Division by broadening the definition so that residential care providers could be better utilized. KATHY CRONEN, (TESTIFIED VIA TELECONFERENCE), CEO, CHARTER NORTH STAR BEHAVIORAL HEALTH SYSTEM, ANCHORAGE, commented that the amendments proposed to HB 16 are critical in providing comprehensive treatment for this classification of youth in Alaska. Expanding the continuum of care by adding semi-secure and secure residential treatment centers will provide in-State treatment for youth. There is a large group of in-need youth that do not or cannot travel outside the State. These children's needs are attempted to be met by having multiple admissions to acute care inpatient psychiatric facilities. She stressed that this is not optimal clinical treatment and that in the long run, it is more expensive. Ms. Cronen advised that these children do not belong in acute care hospitals. Their symptoms or behavior cannot be adequately addressed in a 2-week period. They need long term treatment. A small group of children cannot safely be maintained in a semi-secure setting. The children may be sexual perpetrators, chronic runners, sniffers or haffers who have failed at or left the semi-secure program. She stressed that they need a locked facility. The secure residential psychiatric treatment center proposed in the amendment would be such a facility. Ms. Cronen emphasized that both the semi-secure and the secure facilities are vitally important pieces of the treatment continuum. BARBARA BRINK, (TESTIFIED VIA TELECONFERENCE), PROSECUTING ATTORNEY, DEPARTMENT OF LAW, FAIRBANKS, asked for more time to adequately digest the language proposed in Amendment #1. Co-Chair Hanley requested that Ms. Brink also address if the Department would be fiscally affected by adopting the proposed amendments. Representative J. Davies distributed Amendments #2 & #3. [Copies on file]. He stated that the amendments would provide options regarding fiscal obligations. Amendment #2 would remove all dual sentencing, thus reducing the fiscal impact. Amendment #3 would remove 13, 14 and 15 years olds from the effective dual sentencing, making the language more permissive. He believed that language in Amendment #3 would reduce the original bill's fiscal note by about $57 thousand dollars. Representative Kelly distributed Amendment #4. [Copy on file]. He noted that the amendment would repeal a drafting oversight. HB 16 was HELD in Committee for further consideration.