SENATE JUDICIARY COMMITTEE March 11, 1996 1:30 p.m. MEMBERS PRESENT Senator Robin Taylor, Chairman Senator Lyda Green, Vice-Chairman Senator Al Adams Senator Johnny Ellis MEMBERS ABSENT Senator Mike Miller COMMITTEE CALENDAR SENATE BILL NO. 270 "An Act relating to juveniles; relating to the jurisdiction of juvenile courts; relating to the release of juveniles; and relating to records concerning juveniles." SENATE BILL NO. 269 "An Act relating to court records concerning children in need of aid and delinquent minors." SENATE BILL NO. 267 "An Act relating to court hearings involving minors; and amending Rule 3(c), Alaska Delinquency Rules." PREVIOUS SENATE COMMITTEE ACTION SB 270 - See Judiciary minutes dated 2/26/96. SB 269 - See Judiciary minutes dated 2/26/96. SB 267 - No previous Senate committee action. WITNESS REGISTER Diane Worley Division of Family and Youth Services Dept. of Health & Social Services P.O. Box 110630 Juneau, AK 99811-0630 POSITION STATEMENT: Commented on SB 270 Kathy Tibbles Division of Family and Youth Services Dept. of Health & Social Services P.O. Box 110630 Juneau, AK 99811-0630 POSITION STATEMENT: Commented on SB 270 Mary Hughes Municipality of Anchorage P.O. Box 196650 Anchorage, AK 99519-6650 POSITION STATEMENT: Supports SB 270 Duane Upland Anchorage Police Department 4501 S. Bragaw St. Anchorage, AK POSITION STATEMENT: Commented on SB 270 Bob Bailey Anchorage Chamber of Commerce 441 W. 5th Ave. Anchorage, AK POSITION STATEMENT: Commented on SB 270 ACTION NARRATIVE TAPE 96-20, SIDE A Number 001 CHAIRMAN ROBIN TAYLOR called the Judiciary Committee meeting to order at 1:32 p.m. All members were present except Senator Miller. The first order of business was SB 270. SB 270 JUVENILE OFFENDER PROCEEDINGS & RECORDS  SENATOR ADAMS expressed concern about the loss of $8 million in Title IV funds if either SB 269 or SB 270 passes. DIANE WORLEY, Director of the Division of Family and Youth Services (DFYS), informed the committee because DFYS is the IV-E agency for the Department of Health and Social Services, any release of information from DFYS related to children in its custody will result in the loss of Title IV funds. DFYS has been conferring with Region X and Washington, D.C. officials, and is still awaiting written clarification of when, and if, any release of information is permissible. This ongoing issue is also being addressed by other states. KATHY TIBBLES, DFYS, explained the agency thought at one point that certain information could be released as long as it did not come from DFYS, such as a court determination of delinquent or non- delinquent status, and as long as it did not relate to the charge that brought the minor before the court. Federal officials assumed the court received referrals on minors directly from law enforcement officers, but when they realized that the petitions with the names of minors originate from DFYS, they changed their position. Certain releases of information can occur on a need-to- know basis, but not the public release of information. SENATOR ADAMS asked the expected time frame for a response from federal officials. MS. TIBBLES replied DFYS has asked that the matter be expedited, but it could take from two weeks to four months. Number 115 SENATOR TAYLOR questioned whether the restriction on the release of information is tied to a listing of juvenile offenses, or to a federal determination of juvenile offenses. MS. WORLEY clarified the release of information is prohibited for children in the custody of IV-E agencies, which is what DFYS is classified as, not because of the particular offense. SENATOR TAYLOR asked if that applies only to children with a custodial relationship with DFYS, or whether it includes children being investigated, or receiving counseling or other services. MS. WORLEY answered every child who comes into the DFYS system would be included. SENATOR TAYLOR asked if a child could enter the DFYS system through a district court action resulting from a DWI conviction. MS. WORLEY responded juveniles with those offenses do not come under the DFYS system. SENATOR TAYLOR asked if the purpose of SB 270 could be accomplished by modifying state law to remove from DFYS' jurisdiction a good portion of the juvenile crime laws and place them with the district court, instead of modifying state law to provide for disclosure of DFYS records. MS. WORLEY stated that could be done, but the Department has concerns with that approach. Number 185 SENATOR TAYLOR specified that under current law, once a juvenile commits a crime and is waived into adult court, even though the petition may have originated with DFYS, the publication of the name would not affect funding. MS. WORLEY agreed because once waived into adult court, any release of information would come from that individual's record. MS. TIBBLES clarified if law enforcement has first contact with a juvenile, information can be released from their records. She explained Title IV-E funds cover reimbursement for foster care and services provided by staff to children in out- of-home care, and restricts disclosure of information. Title IV-B funds spread that umbrella over all children served by the agency, both child welfare cases and juveniles offenders. SENATOR TAYLOR stated the names of juvenile offenders treated as adults for committing certain offenses can be disclosed as a result of legislation passed in the last few years. The list of offenses include moving traffic violations, fish and game violations, offenses occurring in state parks, and alcohol consumption and tobacco use. Several bills are pending that would add other misdemeanors to this list. Increasing the list may solve the problem of publication of names without jeopardizing Title IV funds. He added the more important issue of name publication needs to be debated and not clouded by the funding issue. Number 240 MARY HUGHES, Municipality of Anchorage (MOA), testified via teleconference. She echoed the concerns enunciated by Senator Taylor. SB 270 was designed to address an increasing number of juvenile crimes, not to create a loss of funds. Regarding the fiscal note from the Court System, the MOA is not interested in opening up the whole system including CHINA files, just the criminal files. The MOA hopes to balance the public interest with the interest of the juvenile. The current system was developed in the 1950s, and does not necessarily apply to juveniles today. She noted the Governor has created a task force to address the juvenile crime problem, however the MOA would like to see legislation pass to address problems as soon as possible. The MOA also supports SB 269 in concept. SENATOR TAYLOR commented that because DFYS is awaiting a response from the federal government on the issue of funding, it might be wise to forego the issue of opening juvenile records until a determination is received, yet proceed with other aspects of the bill. MS. HUGHES responded that all aspects of SB 270 are important to the MOA, and suggested devising language to make the bill compatible with federal requirements. SENATOR TAYLOR advised no such language has been devised and may be impossible, however other provisions of SB 270 could be enacted as separate bills. One would grant jurisdiction to municipalities to proceed with some juvenile violations. A second bill would require the court to apply new standards before releasing juveniles. MS. HUGHES concurred with that approach and questioned whether juvenile hearings would remain closed to the public. KATHY TIBBLES answered federal officials have determined that opening court hearings would curtail Title IV funding. SENATOR TAYLOR added disclosure of a name when filing a petition would create problems. MS. HUGHES remarked that juvenile hearings have been opened in recent years to victims and their families. She noted the MOA would support the other provisions of the bill as separate pieces of legislation. ANNE CARPENETI, representing the Department of Law, stated opposition to SB 270, specifically to the automatic waiver for violation of municipal ordinances to district court. The department is not sure what ordinances will be included and thinks it would be unfair to impose different penalties in different areas. In one municipality a juvenile would go to adult court and get a permanent record, in another the offender would be dealt with in juvenile court and not get a permanent record. The consequences of a permanent record could have serious repercussions later in life. The department believes the waiver of juveniles should only occur in the most serious of offenses which require long terms of imprisonment. The mission of juvenile court is to prevent juveniles from recommitting crimes by providing early intervention. An automatic waiver for minor offenses would prevent the DFYS from addressing problems at the earliest date. Additionally, no probation supervision exists in district court, therefore court orders could only be enforced by arrest warrants. Last, the ordinances under consideration would not provide for restitution for victims. The Governor's task force is in the process of addressing these issues but needs the chance to determine solutions. SENATOR TAYLOR indicated line 7 on page 2 adds a new category of those things excluded from juvenile jurisdiction, entitled "non- criminal offenses." MS. CARPENETI commented in other contexts, namely HB 474, the MOA has discussed the creation of a non-criminal shoplifting offense with a fine of $300 as a penalty. SENATOR TAYLOR asked if the committee deleted the sections of the bill that pertain to the release of juveniles' names for publication, whether the department would still oppose SB 270. MS. CARPENETI stated it would, because it is not clear what ordinances the MOA intends to adopt. SENATOR TAYLOR pointed out a municipal ordinance was passed in Sitka, making alcohol consumption or possession by juveniles a violation with a $300 fine. That ordinance had an immediate effect. The town of Wrangell considered doing the same thing, but was concerned about jurisdictional conflicts with state law. Some juveniles are repeatedly written up for minor consuming of alcohol but no action is taken. MS. CARPENETI noted minor consumption is automatically waived to district court as of last year. She agreed that lesser offenses can lead to greater offenses, but early intervention is more likely to avoid that progression. Number 441 SENATOR ADAMS asked if both SB 269 and SB 270 amend current statute to allow disclosure of the names of juveniles 13 years of age and older alleged to have committed crimes. MS. CARPENETI replied at present, records are not disclosed whether the juvenile is accused or adjudicated. SENATOR TAYLOR suggested drafting a proposed committee substitute without the provisions to release names. SENATOR ADAMS suggested working with the House Judiciary Chair to create a package of legislation including House Bills 15, 387, and 474, and Senate Bills 269 and 270, to prevent a piecemeal approach. SENATOR TAYLOR agreed and noted he has asked the sponsors to do that without success. SENATOR SALO questioned what the committee's intent is in regard to SB 269. SENATOR TAYLOR responded that since SB 269 only pertains to records, the committee will wait until the federal determination is received, or an amendment is proposed, to prevent the loss of Title IV funds. SENATOR SALO stated she would work on an amendment. Number 486 DUANE UPLAND, Anchorage Police Department, testified via teleconference. He pointed out other states have opened up juvenile records and questioned how that is being done. He believed the policy of being able to maintain funds when treating juveniles more harshly by introducing them to the adult system, but losing funds when releasing names of offenders in the juvenile system, to be incongruent. He believed the juvenile intake system is able to handle all of the issues discussed, but is inadequately staffed, therefore minor offenses are not a priority. He favored allowing municipalities jurisdiction over minor offenses because without consequences for that behavior, juveniles will commit greater offenses. BOB BAILEY, Anchorage Chamber of Commerce member and Co-Chair of the Chamber's Crime Prevention Committee, stated juvenile crime is a serious problem in Anchorage and the state. The main problem in Anchorage is a lack of jurisdiction. Juveniles shoplift at South Anchorage Dimond Center, knowing they will be picked up by police, given a free ride downtown, but not charged. SB 270 would allow municipalities to use their resources as a first line of defense. The juveniles that get away with crimes become repeat offenders. A fine or infraction will not deter a serious criminal, but might deter a first time offender. The Chamber's Board does not want to jeopardize federal funding, but does believe it is in the public's best interest to open some records, especially those of repeat offenders. Because juvenile crime has changed over the years, the juveniles and the public need equal protection. SENATOR TAYLOR announced SB 270 would be held in committee and a committee substitute would be produced. SB 267 MINOR DELINQUENCY HEARINGS PUBLIC  SENATOR DRUE PEARCE, sponsor of SB 267, stated the bill is part of the Municipality of Anchorage's crime package and was introduced at MOA's request. SB 267 provides that hearings dealing with juvenile crime offenders be generally open to the public but subject to closure, sealing, and expungement after rehabilitation. MOA seeks to change the current presumption that juvenile criminal records and hearings should be kept confidential and closed. Confidential records and closure of hearings is disfavored, as public access will further the important goals of: system accountability; the assurance of truthful testimony; public education and awareness, particularly among the young, whose belief in their invincibility is fostered by ignorance of the consequences; protection of victims' rights; and subsequent accountability for repeat offenders. These goals can better be met in a system that presumes that open records be the norm rather than the exception. Individuals who commit foolish mistakes, or are rehabilitated, will be suitably protected by allowing after-the-fact sealing of records. TAPE 96-20, SIDE B Number 000 SENATOR PEARCE was unsure whether SB 267 would affect Title IV funds, which is not the intent of the MOA. She believed both Alaska's congressional delegation, and federal officials, would be amenable to finding a way to deal with the funding question, as other states are opening records. SENATOR ADAMS repeated his concern about the loss of Title IV funds, and questioned under what circumstances the court could close a hearing to the public under Section 3. SENATOR PEARCE replied the court will set that determination under Rule 3(C), the delinquency rules. KATHY TIBBLES added that currently all juvenile hearings are closed, except for the juvenile offenders waived to adult court. Alaska differs from some states in that juveniles are covered by agencies that are not IV-E agencies, such as a department of corrections. Alaska receives a sizable amount of IV-E funds to offset the cost of caring for juvenile delinquents which amounts to 50 percent of the cost of care. The states that house juveniles in non IV-E agencies do not receive that federal reimbursement. SENATOR TAYLOR asked what amount of IV-E funds would be lost if DFYS was limited to foster home and CHINA programs and juvenile delinquents were housed in a different agency. MS. TIBBLES responded DFYS is trying to identify that amount, however it is a complicated process because all three are in the same BRU. SENATOR TAYLOR asked if a victim attending a closed juvenile hearing can provide information to the media or others after a hearing. MS. TIBBLES believed the victim is restricted from doing that. MS. TIBBLES stated DFYS is trying to determine if it administratively separates the two sections within the division, and stops collecting federal funds for the delinquent population, whether that approach would satisfy the federal requirements as to the release of records. She added that the loss of funding might be substantial, and the policy decision as to whether opening records is favorable would need to be determined. SENATOR GREEN questioned whether states who house juvenile offenders under their departments of corrections have probation officers and staff to do follow-up within that department. MS. TIBBLES responded different states have different set-ups. SENATOR TAYLOR repeated that housing juvenile offenders in an agency outside the IV-E funding agency would allow disclosure of records. MS. TIBBLES agreed, but stated reducing resources to address juvenile delinquency will occur and those resources are already limited. She added DFYS petitioned on 30 percent of misdemeanor referrals last year. SENATOR TAYLOR asked how many of the 30 percent petitioned resulted in adjudications. MS. TIBBLES did not know. SENATOR TAYLOR commented that during his years practicing law, he has only seen one adjudication go to a jury trial. He asked Ms. Tibbles to provide that information. Number 473 SENATOR TAYLOR felt the role of social workers in DFYS to be complicated by the fact that they are required to be both prosecutors and nurturers. He questioned whether that is why other states have separated those functions. MS. TIBBLES replied that social workers deal with CHINA clients which are neglected and abused children. Probation officers deal with youth offenders. The division's mission is to protect children, rehabilitate offenders, and protect the public, which is better accomplished by preventing further delinquency. DFYS believes it is better to work with parents when possible to improve the family situation than to automatically waive juveniles into adult court. SENATOR TAYLOR felt because juvenile offenses have increased and law enforcement officers are frustrated in their ability to work with the existing system, a review of other approaches should be undertaken. He felt a lot of the conflict surrounding juvenile offenders could be resolved by a thorough discussion of the mission of DFYS. SENATOR TAYLOR adjourned the meeting at 2:40 p.m.