SB 91-DETENTION OF MINORS                                                                                
                                                                                                                                
6:25:33 PM                                                                                                                    
CHAIR SHOWER  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."                                                                                                                
                                                                                                                                
[CSSB 91(HSS) was before the committee.]                                                                                        
                                                                                                                                
6:26:12 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
6:27:04 PM                                                                                                                    
CHAIR  SHOWER   reconvened  the  meeting  and   moved  Conceptual                                                               
Amendment 1 to SB 91.                                                                                                           
                                                                                                                                
                     CONCEPTUAL AMENDMENT 1                                                                                   
                                                                                                                                
      Adds a new Section 1 that amends AS 18.85.100(a) by                                                                       
           inserting "or at a review hearing under AS                                                                       
     47.12.105(f)" following "Child in Need of Aid Rules".                                                                  
                                                                                                                                
     Renumber subsequent sections.                                                                                              
                                                                                                                                
He read subsection (a) with the new language.                                                                                   
                                                                                                                                
SENATOR HOLLAND objected for discussion purposes.                                                                               
                                                                                                                                
6:28:22 PM                                                                                                                    
CHAIR SHOWER  asked Ms. Meade for  an explanation and why  it was                                                               
requested.                                                                                                                      
                                                                                                                                
6:28:29 PM                                                                                                                    
NANCY  MEADE, General  Counsel, Administrative  Staff, Office  of                                                               
the  Administrative   Director,  Alaska  Court   System,  Juneau,                                                               
Alaska, described the proposed  amendment as somewhat conforming.                                                               
She  directed attention  to  page  8, lines  25  and  26 of  CSSB                                                               
91(HSS), version  I. It  is the provision  about minors  who have                                                               
been waived  into adult  court. She explained  that if  the judge                                                               
determined  that   the  minor   should  be   held  in   an  adult                                                               
correctional facility, the minor is  entitled to a review hearing                                                               
every 30  days to  make sure  they still  need to  be held  in an                                                               
adult facility.  Lines 25  and 26  say the  minor is  entitled to                                                               
counsel at  the review  hearing and  the amendment  clarifies who                                                               
provides that  counsel. It authorizes  the public defender  to do                                                               
what the bill says a waived minor is entitled to have.                                                                          
                                                                                                                                
6:30:52 PM                                                                                                                    
CHAIR SHOWER  asked if  this had been  discussed with  the public                                                               
defender.                                                                                                                       
                                                                                                                                
MS. MEADE confirmed  that the public defender  had no opposition,                                                               
and the sponsor and administration were aware of this.                                                                          
                                                                                                                                
6:31:31 PM                                                                                                                    
SENATOR HOLLAND withdrew his objection.                                                                                         
                                                                                                                                
CHAIR SHOWER found no further  objection and Conceptual Amendment                                                               
1 passed. Finding no further  comments or questions, he solicited                                                               
a motion.                                                                                                                       
                                                                                                                                
6:32:03 PM                                                                                                                    
SENATOR REINBOLD  moved to  report SB 91  as amended,  work order                                                               
[32-GS1576\I]   as  amended,   from  committee   with  individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
6:32:43 PM                                                                                                                    
CHAIR SHOWER found no objection and CSSB 91(STA) was reported                                                                   
from the Senate State Affairs Standing Committee.