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.