SB 91-DETENTION OF MINORS  1:41:35 PM CHAIR WILSON announced the consideration of SENATE BILL NO. 91 "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." He requested a motion to adopt the work draft committee substitute (CS). 1:41:45 PM SENATOR BEGICH moved to adopt the work draft committee substitute(CS) for SB 91, work order 32-GS1576\I, as the working document. 1:41:58 PM CHAIR WILSON objected for purposes of discussion. 1:42:05 PM At ease 1:42:45 PM CHAIR WILSON reconvened the meeting and called on Matt Davidson to explain the changes in the committee substitute. 1:43:18 PM MATT DAVIDSON, Social Services Program Officer, Division of Juvenile Justice, Department of Health and Social Services (DHSS), Juneau, Alaska, presented the changes in the CS for SB 91 as making the bill more precise. A summary of changes to the bill were provided to the committee. The main components changed in the bill start in Section 8. Section 8 allows the division to hold waived minors in juvenile justice facilities until they reach eighteen years of age. It only deals with waived minors. The processes, which describe the transfer of eighteen-year-olds to the Department of Corrections (DOC), only apply to waived minors. The processes do not apply to delinquent minors who are already a part of the Division of Juvenile Justice (DJJ) system. Delinquent minors can be kept at DJJ facilities longer than age eighteen. The CS created a new definition for waived minors. This definition is just for the delinquency statute in Section 8. He stated the CS clarifies the expectation that waived minors be held in DJJ facilities until age eighteen and provides provisions for when they might be held in adult correctional facilities. There are only six DJJ detention facilities in the state. When first arrested, delinquent and waived minors may be temporarily held in an adult facility pending law enforcement transport to a DJJ facility. Waived minors can be held temporarily in an adult lock up, or court holding facility, while they are attending their court proceedings. Coinciding with current practice, part B of Section 8 clarifies that waived minors do not have to be sight and sound separated in an adult court lock up if they are held for less than four hours. Minors can be held in an adult facility if the department requests the court consider an exception. Considered exceptions include: • An extended trail for a waived minor in a community without a juvenile justice facility. This is to avoid transferring a minor multiple times to attend trail. This provides the option for a court to allow a minor to be held in an adult facility pending trail. If convicted and the minor is under eighteen, transport will be to a juvenile facility. • A minor is unsuitable for a DJJ facility, is close to turning eighteen and would be moved to an adult facility within a month or two. • A minor is extremely difficult to handle and is a danger to the facility, staff and other juveniles. 1:47:55 PM He stated the Public Defender Agency requested Section 8 include language allowing public defenders to participate in Section 8 parts C and D. These parts concern process, need and court considerations when an exception for an adult facility is requested. Another major change in the CS addresses how minors are held pending transport to a juvenile facility. Section 12 emphasizes waived minors are to be transported to juvenile facilities in the same manner as delinquent minors. He stated that by federal law delinquent minors can be held temporarily in adult facilities pending transport. The rural extension provision allows minors traveling from remote areas to be held longer. Section 17 specifies that law enforcement will transport minors to a juvenile facility or in some cases temporarily to an adult facility. The final major change was the removal of Section 14. DJJ has strict confidentiality standards for minors. Allowing DOC and the adult court system to provide a waived minor's confidential information, unintentionally extended juvenile justice restrictions to these agencies. Guidance on handling juvenile confidentiality rules was instead placed in the bill. 1:51:42 PM SENATOR BEGICH commented that the rural extension provision was put into law in September 1992. Federal reauthorization was stopped until language he provided to Senator Stevens was put into the bill. It benefited many states. Senator Begich asked if the Juvenile Justice and Delinquency Prevent Act is being put at risk. MR. DAVIDSON answered no. The point of the bill is to comply with federal law. SENATOR BEGICH questioned whether a waived juvenile must ask for adult legal representation or if it is it done by the court. MR. DAVIDSON deferred to Ms. Dompeling. 1:53:24 PM TRACY DOMPELING Director, Division of Juvenile Justice, Fairbanks, Alaska, testified by invitation on SB 91. She offered her belief that a minor tried as an adult is representation by the Public Defender Agency, if court requirements are met. The court would appoint the public defender, if appropriate. 1:54:03 PM CHAIR WILSON removed his objection. Finding no further objection, he announced version I was adopted He asked for SB 91 amendments. Finding none he asked for the will of the committee. 1:54:31 PM SENATOR BEGICH moved to report the proposed committee (CS) for SB 91, work order 32-GS1576\I, from committee with individual recommendations and attached fiscal note(s). CHAIR WILSON found no objection and CSSB 91(HSS) was reported from the Senate Health and Social Services Standing Committee.