SENATE BILL NO. 367 "An Act relating to retirement contributions and benefits under the public employees' retirement system of certain juvenile detention employees and juvenile correctional institution employees." This was the first hearing for this bill in the Senate Finance Committee. WENDY HALL, Staff to Co-Chair Kelly, testified that this bill was introduced as an effort to help recognize those individuals who serve as juvenile officers throughout the State. Currently, She said, Alaska statute provides that peace officers and fire fighters are entitled to a 20-year retirement service system while juvenile officers participate in a 30-year retirement system. She stated that this bill would add juvenile officers to the statute governing the retirement system of peace officers and fire fighters. PATTY WARE, Juvenile Justice Program Manager and Acting Director, Division of Juvenile Justice, Department of Health and Social Services, testified and read letter of support from George Buhite, Director of the Division of Juvenile Justice, dated April 29, 2002, into the record as follows [copy on file]. I want to thank you, the members of the Senate Finance Committee and the Alaska Legislature for your support of the Division of Juvenile Justice. Because of this support, we are able to provide the people of the state with a wide range of restorative justice services in which we hold juvenile offenders accountable, work to repair the harm to those impacted by juvenile crime and provide offenders and their families with opportunities to develop new skills to be productive and contributing members of our schools and communities. Over the past several years, the Legislature has funded the construction and operation of our juvenile correctional facilities in support of the public safety component of the Division's restorative justice mission. But buildings in and of themselves do not make our communities safer and our offenders better equipped to change their behaviors. Ultimately, it is the people who staff these facilities who are responsible for the positive outcomes that flow to victims and communities. It is our staff who guard, control and confront the most hardened juvenile offenders, who guide parents to better understanding and more effective methods of regulating their child's life, who provide those impacted by juvenile crime with information and opportunities to engage with a system that strives to right the wrongs done to victims and communities. These people, these staff members, are what make the difference in the end. I genuinely appreciate the support that you have shown [the Division] in providing the means to expand our bed capacity throughout Alaska. Today, [I] am asking you to support those who work on behalf of our youth, our families, our victims and our communities by considering and passing SB 367. This legislation addresses a long standing inequity and would give our youth counselors the same benefit now available to each of the other correctional job classes in Alaska's adult and juvenile systems. I urge you to pass SB 367 and again appreciate all that you have done in support of our juvenile justice system. Senator Wilken cited page 3 line 25 of the bill, "…a juvenile detention or juvenile correctional facility…" and asked if these facilities are defined elsewhere. Ms. Ware responded that juvenile detention and juvenile correctional facility are defined in AS 47.14. She noted this bill does not apply to any municipally funded or operated facility, but rather only to State facilities. Senator Wilken understood, but voiced concern that this statute could be expanded to juvenile halfway houses or other juvenile facilities in the future. ROBERT BUTTCANE, Legislative and Administrative Liaison, Division of Juvenile Justice, Department of Health and Social Services, assured that statutory language is specific as to what constitutes a juvenile detention facility. SFC 02 # 80, Side B 05:09 PM Mr. Buttcane agreed with Senator Wilken that it is important to be mindful to avoid a reinterpreted definition of juvenile detention facilities in a manner not intended. Senator Ward asked what other states provide for a 20-year requirement system for juvenile justice correctional officers. Mr. Buttcane replied that he had researched the matter and learned there is no consistency. He noted that counties rather than states administer most juvenile systems. Therefore, he was unable to make an accurate comparison. Senator Ward understood a national organization of juvenile justice correctional officers exists. He surmised this group would have records of this. Mr. Buttcane responded that the Division made inquiries of the American Probation and Parole Association and the American Corrections Association and both responded they do not track retirement systems and referred him to individuals. Senator Ward asked if any other state offers a 20-year retirement system. Mr. Buttcane did not know. Senator Leman asked if a fiscal note is available. Co-Chair Kelly informed that a fiscal note had not been submitted for this legislation to date. Senator Leman noted other discussions entailed that employees pay the full actuarial costs of an earlier retirement and asked if such a method is proposed for this legislation as well. Mr. Buttcane reminded that this request has been before the Legislature for the past 12 years. He recalled the most recent scenario provided that the participating employee would incur responsibility for the entire debt. However, he pointed out that the potential benefit is "impractical" for certain employees including police dispatchers, none of whom have opted to participate because the indebtedness to the employee would be "several tens of thousands of dollars". He shared that the Division had an opportunity to include its employees in that plan but determined it would not be practical as well as being a "parody issue" in that other correctional officers are not required to incur the expenses. He stressed the employees who work with juvenile delinquents face the same dangers as adult correctional officers. JANET PARKER, Retirement and Benefits Manager, Health Benefits Sections, Division of Retirement and Benefits, Department of Administration, testified the bill would have an indeterminate cost to the State and an actuarial cost to the participating employees. She explained the employees would be eligible to claim service retroactive to their date of hire with their indebtedness being the difference in the amount of contribution to the retirement system for the previous years of service. She added that the State would pay the remainder of the actuarial cost. She informed that approximately 240 employees would qualify under this system and the total cost would be $7.2 million with a State rate contribution increase of .0014 percent. She calculated the annual State expense at less than $900,000 and that $428,000 of this amount would be charged to the general fund. Senator Ward asked of the 240 employees, how many had served 15 to 20 years. Mr. Buttcane replied that approximately 46 employees were hired before 1986 and are covered under the Tier I retirement system. He noted these employees have served between 12 and 23 years. The remaining employees, he said, have served less than 12 years. Senator Austerman referred to page 2 of the fiscal note and asked if the $428,000 amount charged to general funds would be an annual cost. Ms. Parker affirmed. Mr. Buttcane qualified that the .14 percent rate could be paid from the Department's budget without an additional appropriation necessary. He noted that additional expenses resulting from unemployment insurance rates increases and employee leave cash-ins are absorbed as well. Mr. Buttcane cited that approximately 65 percent of employees do not remain in this field until retirement. He detailed the high stress and necessary dedication to young people and expressed that the 35 percent who remain in the field for 12 or more years are "genuinely committed". Therefore, he predicted the cost assumptions might not "bear true", thus the indeterminate fiscal note. Senator Hoffman asked about hazardous duties incidents of the previous five years. Mr. Buttcane detailed a number of serious and significant incidences where officers were strangled, bitten, kicked, and otherwise attacked. He assured these are not daily occurrences, but emphasized that smaller incidents are common. He noted workers compensation claims have decreased from approximately $400,000 in 1997, due to increased training efforts, additional staff and reduced overcrowding. He pointed out the youth facility staff do not have access to many implements utilized in adult correctional facilities, including clubs, etc. Senator Ward asserted this legislation would allow trained senior officials to retire early and subsequently reduce the number of qualified staff. Mr. Buttcane replied the Division anticipates this legislation would encourage employees to stay longer than the average ten years currently served and therefore increase retention. He admitted some who might have worked 30 years would chose to retire sooner, but reiterated testimony given before the House State Affairs Committee, that the mean length of service of employees currently eligible for 20-year retirement, is 22 years. He informed that many employees could not afford to retire at 20 years of service, giving as an example employees who have children in collage at that time. He noted the average annual retirement under this program is $18,000. Ms. Parker detailed the approximately 45 percent of salary paid in retirement benefits. Mr. Buttcane reminded that the salaries for youth counselors are between Range 11 and 13, which is relatively low for State employees. Senator Hoffman asked if were possible to work as a juvenile correction officer for 20 years, work for a fire department for an additional 20 years then retire with two complete retirement packages. Ms. Parker answered no, that the Public Employees Retirement System (PERS) covers both fields. GREG ROTH, Alaska Juvenile Correction Officer Association, testified the Association has 240 members who staff seven facilities in the state. He read a statement into the record as follows. We specifically chose our name, Alaska Juvenile Correction Officers Association, because it accurately represents what we do in our jobs. The public and job applicants are sometimes confused by our working title of youth counselors. They mistakenly believe that we see kids in offices or by appointment. Nothing could be further from the truth. In fact we provide 24-hour locked correctional care and custody related to the incarceration of people against their will. It also includes all the duties that entails. Each day in performance of our duties, youth counselors are involved in a chain of custody with other law enforcement professionals across the State. Minors are brought to our youth facilities in handcuffs in the back of police cars. They've been arrested for a crime. They've been brought to our facilities in an angry, agitated or assaultive state. Often times, they are violent or intoxicated. The officers turning these youths over to youth counselors are given weapons, shields, body armor and chemical deterrents in order to deal with these offenders. Youth counselors use their skill, their training and their relationships they've formed with the kids in order to conduct their duties safely. We also exchange custody of minors between youth counselors and judicial services officers in the court buildings across the street and other facilities around the State. We accept custody from juvenile probation officers out in the field. Often times we assist in those arrests-juvenile probation officers request our assistance in those cases. Some of our offenders are charged with very serious and violent crimes and may spend 30, 60, 90 days inside our facilities before being transferred to an adult facility. In those cases, we transfer our kids over to adult correction officers. In the meantime, we've held those juveniles the same as adult correctional officers would have held them in their facilities. In addition to custody transfers, some of our youths stay in our facilities until they are age 20. So we are stuck with housing adults in some of our facilities. That happens every day in the performance of our duties. Also as mandated by statute, youth counselors make independent arrests in the community in the pursuit of juveniles that have absconded from our facilities or from an escort for a medical or service transport. We in fact make arrests out in the community. The duties of the youth counselor position require solid training and excellent skill development in handling resistive clients. Peak mental and physical condition is necessary and critical to safely carry out these duties. This bill, SB 367, corrects the inequity regarding the retirement disparity between youth counselors and all other job classes in the chain of custody for offenders that currently exist. The bottom line is that each and every day, youth counselors put their lives on the line to keep Alaska safe and improve public protection through the safe incarceration and rehabilitation of juvenile offenders. Alaska Juvenile Correctional Officers Association appreciates your time and your consideration in support of this legislation. Senator Ward reposed his question of whether other states provide a 20-year retirement for youth counselors. Mr. Roth repeated earlier responses that counties and municipalities in most states operate youth counselor operations. He added that with the exception of Anchorage, most municipalities in Alaska could not afford to operate juvenile correctional facilities. Senator Ward asked of a municipality that offers a 20-year retirement to youth correctional officers. Mr. Roth replied that many juvenile detention facilities are operated by the county sheriff system, many of which are covered under a 20-year retirement system. Senator Ward noted sheriff deputies are trained and licensed to carry firearms and to perform other duties. He asked if other employees who provide the same duties as the youth counselors in Alaska receive a 20-year retirement. He expressed he would not support this legislation because he has seen no evidence of other programs offering a 20-year retirement system. He indicated his research in the matter has shown that most juvenile correction officers qualify for a 30-year retirement system. KRISTI HELGEN, Juvenile Probation Officer IV, Probation Services, Division of Juvenile Justice, Department of Health and Social Services, testified about the inclusion of juvenile probation officers in the 20-year retirement system. She told of personally petitioning the court on six cases of murder, one case of attempted murder, and numerous felony and/or sexual assaults. She stressed that the youths who committed these serious crimes were all detained at youth facilities under the care of youth counselors. Ms. Helgen spoke of the dangers faced by youth counselors who must work in continuous direct contact with these juveniles in an effort to carry out the Division's mission of restorative justice. She stated that in addition to being responsible for protecting the public by guarding these youth, youth counselors work with these youth to hold them accountable for their actions, repair the harm to victims and community, and assist youth in the development of competencies so that they may be better citizens once released to the community. Ms. Helgen noted that as a juvenile probation officer, she could request assistance from law enforcement when concerned for her personal safety; however youth counselors do not have this option. She relayed incidences in Bethel where youth counselors have suffered injury. She expressed that as a "have", who benefits from the 20-year retirement system, she is embarrassed to work with the "have-nots", the youth counselors who do not receive this benefit. BERNARD GATEWOOD, Superintendent, Fairbanks Youth Facility, and Alaska Juvenile Correction Officer Association, testified via teleconference from Fairbanks to encourage support for this legislation. He stated this would correct an inequity and spoke to the "misnomer" of the title "youth counselor" as these officers are often the "last line of defense between the Alaska public and some of the most serious juvenile offenders in the correctional system." He detailed the range of counseling services intended to rehabilitate and prevent the offenders from hurting themselves and others. JEFF RIGA testified via teleconference from Fairbanks to reiterate the previous witness' statement. He added that he has experienced during his 23 years in this occupation, many of the same threats as other youth correction officers. RAY MICHAELSON, Superintendent, Mat-Su Youth Facility, and Member, Alaska Juvenile Correction Officer Association, testified via teleconference from Palmer about his career experience beginning as a juvenile probation officer in 1990. He talked about the inequity of the 30-year retirement system for youth correction officers compared to the 20-year system applicable for other law enforcement personnel. [Note: Teleconference quality from this site is poor.] Senator Wilken referred to earlier discussion relating to the definition of youth facilities and requested Mr. Buttcane share information recently discovered. Mr. Buttcane clarified that the definition includes youth facilities operated by municipalities. He suggested amending this bill to specify the 20-year retirement applies only to employees of state-operated facilities to avoid extending provision to municipally operated facilities. Amendment #1: This amendment clarifies the definition of juvenile officer as it relates to this legislation by specifying employment by the State of Alaska. The amended language in page 3, following line 22 reads as follows. Sec. 6. AS 39.35.680 is amended by adding a new paragraph to read: (41) "juvenile officer" means a State of Alaska youth counselor, unit leader, or superintendent in a juvenile detention or juvenile correctional facility operated by the State of Alaska. Senator Wilken moved for adoption. The amendment was ADOPTED without objection. Co-Chair Kelly ordered the bill HELD in Committee.