HB 105-DETENTION OF MINORS  HB 116-JUVENILES: JUSTICE,FACILITES,TREATMENT  4:15:26 PM CO-CHAIR SNYDER announced that the final order of business would be HOUSE BILL NO. 105, "An Act relating to the duties of the commissioner of corrections; relating to the detention of minors; relating to minors subject to adult courts; relating to the placement of minors in adult correctional facilities; and providing for an effective date." and HOUSE BILL NO. 116, "An Act relating to care of juveniles and to juvenile justice; relating to employment of juvenile probation officers by the Department of Health and Social Services; relating to terms used in juvenile justice; relating to mandatory reporters of child abuse or neglect; relating to sexual assault in the third degree; relating to sexual assault in the fourth degree; repealing a requirement for administrative revocation of a minor's driver's license, permit, privilege to drive, or privilege to obtain a license for consumption or possession of alcohol or drugs; and providing for an effective date." CO-CHAIR SNYDER recounted that during the committee's last meeting the overlap between HB 105 and HB 116 was discussed. She stated that HB 116 is rolled into the committee substitute that will be proposed today. 4:16:24 PM CO-CHAIR ZULKOSKY moved to adopt the proposed committee substitute (CS) for HB 105, Version 32-GH1576\I, Radford, 5/1/21, as the working document. There being no objection, Version I was before the committee. 4:17:00 PM MATT DAVIDSON, Social Services Program Officer, Division of Juvenile Justice (DJJ), Department of Health and Social Services (DHSS), explained the changes made under the proposed committee substitute, Version I, for HB 105. He stated that both the division and the department are excited to be at this point with these two important pieces of legislation, especially combining them into one bill. He said HB 105, Detention of Minors, and HB 116, Juveniles: Justice, Facilities, Treatment, meld together nicely given they deal with a similar subject and have several overlapping sections. Mr. Davidson related that Version I is comprised of 10 sections directly from HB 105 [Version 32- GH1576\B], 38 sections without changes directly from HB 116 [Version 32-LS0537\A], and 10 sections that are a meld between the two bills. He further related that Version I contains updates to sections of HB 105 to reflect language adopted by the Senate when that body considered [SB 91, Version 32-GS1576\I], the companion to HB 105. He noted that for the sectional analysis he will only highlight the changes that were made that were not included in HB 105 or HB 116. MR. DAVIDSON explained that Version I, Section 6, page 3, [lines 9-10], contains an amendment suggested by Representative Kurka regarding the definition of a position of authority for the purposes of sexual abuse of a minor. The suggested amendment moved the phrase "substantially similar" to a different position in the statute that would be more inclusive of the entire list of officials that could have a position of authority. MR. DAVIDSON specified that Version I, Section 13, reflects a minor legislative drafting change that was made in [SB 91]. He said Section 14 combines the new federal rules about detention of non-delinquent minors that are in HB 105 with language in HB 116 describing facilities. He stated that Section 16 is HB 105 with the updated terms found in HB 116. He conveyed that Section 19 is a drafting style change that was made in the other body but with no change in the meaning of the bill. He related that Section 21 contains a minor drafting style revision. 4:23:45 PM MR. DAVIDSON explained that Version I, Section 25, which is Section 25 of HB 105 and Section 8 of [SB 91], is an amendment that provides for minors who have been waived into the adult correctional system to be held in DJJ facilities. He pointed out that this is the core of HB 105 and that the other body made changes to that section to help clarify the expectations for the new rules that are being operated under. The exceptions to the rule are specified for during transport to the DJJ facility to attend court hearings or under the court appeal processes of Section 25, [subsections] (c) and (d). Also, a specific right for counsel is to be given to a minor who is going to be moved into an adult system under [subsections] (c) and (d). The most important change in Section 25 is the addition and definition of the term "waived minor." Because adding these minors who have been waived into the adult correctional system into delinquency statute was causing confusion, a very specific definition was provided in [subsection] (g) of Section 25. MR. DAVIDSON stated that Section 28 contains a minor drafting style change that was made in the other body. He conveyed that Sections 30-34 are a combination of HB 116 with the drafting style changes made in the other body. The same provisions that are in HB 105 are combined with HB 116, the new definition of DJJ facilities. He explained that Sections 36-37 take the other body's version which added a new subsection (f) clarifying the expectation that waived minors will be transported directly to DJJ facilities rather than going to adult facilities, and the combination of HB 116 terminology. He said Section 55 combines the applicability sections of both bills. He related that the final section, Section 58, is from [HB 105, Section 20, which establishes an effective date of July 1, 2021, except as noted in Section 57.] 4:26:20 PM REPRESENTATIVE SPOHNHOLZ thanked Tracy Dompeling, Matt Davidson, and Suzanne Cunningham with the administration for collaborating with her staff person Megan Holland on bringing together HB 105 and HB 116. REPRESENTATIVE KURKA noted he hasn't yet reviewed Version I but likes "the fix" done on Section 6 that in HB 116 would possibly have allowed for someone to not be prosecuted for sexual assault. REPRESENTATIVE SPOHNHOLZ thanked Representative Kurka for his work on that definition. CO-CHAIR SNYDER concurred it was a good catch by Representative Kurka and an elegant fix to that section. [HB 105 and HB 116 were held over.]