Legislature(2009 - 2010)CAPITOL 120

03/27/2009 01:00 PM JUDICIARY

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01:03:50 PM Start
01:04:08 PM Confirmation Hearing(s)|| Commission on Judicial Council
01:20:59 PM HB141
01:39:11 PM HB139
01:50:15 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Confirmation Hearing: TELECONFERENCED
Commission on Judicial Conduct
Moved Out of Committee
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
HB 141 - COMPACT FOR JUVENILES; INTERSTATE COUNCIL                                                                            
1:20:59 PM                                                                                                                    
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 141, "An  Act relating to the  Interstate Compact                                                               
for  Juveniles;  relating to  the  State  Council for  Interstate                                                               
Adult  and Juvenile  Offender Supervision;  amending Rules  4 and                                                               
24(b),  Alaska Rules  of Civil  Procedure; and  providing for  an                                                               
effective date."                                                                                                                
[Chair Ramras turned the gavel over to Vice Chair Dahlstrom.]                                                                   
1:21:28 PM                                                                                                                    
AMANDA  MORTENSEN, Intern,  Representative  John Coghill,  Alaska                                                               
State  Legislature,  on  behalf of  the  sponsor,  Representative                                                               
Coghill, and  by way of  presenting HB 141, paraphrased  from the                                                               
sponsor statement, which read [original punctuation provided]:                                                                  
     This bill  would enact the  new Interstate  Compact for                                                                    
     Juveniles  into  law.    This  would  replace  the  old                                                                    
     compact which was created in  1955.  The purpose of the                                                                    
     Compact  is  to  ensure  the  supervision  of  juvenile                                                                    
     offenders  and the  return  of  runaways, escapees  and                                                                    
     absconders.  The Compact  provides the procedural means                                                                    
     to  regulate the  movement of  juveniles who  are under                                                                    
     court supervision across state  lines.  The Association                                                                    
     of   Compact   Administrators    estimates   that   the                                                                    
     Interstate Compact  on Juveniles  is used in  20,000 to                                                                    
     30,000 transfer and supervision cases annually.                                                                            
     The  new  Compact ensures  that  all  states will  have                                                                    
     identical language  in their statutes which  would help                                                                    
     with  compliance  issues.   The  new  Compact  provides                                                                    
     procedures  for  enforcement   which  the  old  Compact                                                                    
     lacked.   The  Interstate  Compact  for Juveniles  also                                                                    
     provides   for    the   collection    of   standardized                                                                    
     information and information sharing systems.                                                                               
     This is  a chance for the  states to have the  means to                                                                    
     deal with  state problems  and enforce  state solutions                                                                    
     without  having any  federal intervention.   35  states                                                                    
     have already  passed this compact.   If  Alaska chooses                                                                    
     not to enact this Compact  the state would have to deal                                                                    
     with every  other state on  a case-by-case  basis which                                                                    
     would cost the  state more money than it  would cost to                                                                    
     implement the Compact.                                                                                                     
     The  compact provides  for the  safety of  the juvenile                                                                    
     offender and the  state as a whole.   The importance of                                                                    
     this compact  cannot be  overstated.   This legislation                                                                    
     is necessary  to ensure the public  safety and security                                                                    
     of Alaskans.  It will  help ensure that Alaska receives                                                                    
     notification  about  juveniles  who  are  relocated  or                                                                    
     traveling to  Alaska before they arrive  here, and will                                                                    
     expedite Alaska's  ability to send juveniles  from here                                                                    
     to other jurisdictions.                                                                                                    
1:23:46 PM                                                                                                                    
BARBARA MURRAY, Deputy  Compact Administrator, Interstate Compact                                                               
on  Juveniles   (ICJ),  Division   of  Juvenile   Justice  (DJJ),                                                               
Department of Health  and Social Services (DHSS),  in response to                                                               
questions  and comments,  clarified that  the new  ICJ went  into                                                               
effect  August 2008  -  when the  35th state  "signed  on" -  and                                                               
agreed  to  research  when  that  ICJ  was  presented  to  [those                                                               
REPRESENTATIVE  COGHILL,  speaking  as  the sponsor  of  HB  141,                                                               
indicated  that the  methodology  used for  placing juveniles  in                                                               
state  custody has  been changing,  and surmised  that a  compact                                                               
could  best address  any resulting  issues.   He  said he  favors                                                               
compacts, indicating that he prefers  that approach as opposed to                                                               
just  waiting  until the  federal  government  mandates what  the                                                               
state shall  do.  He assured  the committee that joining  the ICJ                                                               
will  not  result  in the  state's  authority  being  diminished;                                                               
rather, the  state is  simply delegating  its authority  to those                                                               
representing the state in the ICJ's commission.                                                                                 
MS.  MORTENSEN noted  that  members' packets  include  a list  of                                                               
those states  that have signed on  so far, with the  first states                                                               
having done so  in 2003.  She offered her  understanding that the                                                               
concept of  the new ICJ was  brought forth in 2000,  with the new                                                               
ICJ itself materializing in 2002.                                                                                               
MS. MURRAY, in  response to a question, said  that the commission                                                               
created by  the ICJ had  its first  meeting in December  of 2008,                                                               
and is now  in the process of developing  rules, regulations, and                                                               
processes for administering the ICJ.                                                                                            
1:29:22 PM                                                                                                                    
CAROL  A.  BRENCKLE,  Attorney at  Law;  Chair,  Alaska  Juvenile                                                               
Justice Advisory Committee (AJJAC),  Division of Juvenile Justice                                                               
(DJJ), Department  of Health and Social  Services (DHSS), relayed                                                               
that  members of  the AJJAC  are appointed  by the  governor, and                                                               
that the  AJJAC provides advice  regarding the  implementation of                                                               
the federal  Juvenile Justice  and Delinquency  Prevention (JJDP)                                                               
Act of  1974 within Alaska,  and makes annual  recommendations to                                                               
the governor  and legislature regarding juvenile  justice issues.                                                               
The  AJJAC,  for  a  number  of years,  has  been  following  the                                                               
implementation  of  the ICJ  and  discussing  its application  in                                                               
Alaska.  Other  states either have adopted the ICJ  or are in the                                                               
process of  doing so, and unless  Alaska does so as  well, Alaska                                                               
will be forced to enter  into a memorandum of understanding (MOU)                                                               
with each  state before accepting  a child  from it or  sending a                                                               
child to it.                                                                                                                    
MS. BRENCKLE  said she's  handled a  number of  delinquency cases                                                               
over the  years, and has  dealt with  a number of  children whose                                                               
parents  relocated,  thus  requiring   that  "the  probation"  be                                                               
transferred as  well.  Although interstate  compacts might appear                                                               
to be cumbersome,  they facilitate the transfer  of such children                                                               
and do so  safely; it is therefore important for  Alaska to adopt                                                               
the  new ICJ  in order  to  ensure that  juveniles moving  across                                                               
state lines are tracked and  supervised.  Alaska, she relayed, is                                                               
at the  forefront of  developing data  that will  be incorporated                                                               
into the  ICJ, and surmised  that Alaska  is prepared to  play an                                                               
active  role   in  the  development   of  the  ICJ's   rules  and                                                               
procedures.   She  therefore urged  adoption of  the ICJ  so that                                                               
Alaska  could be  part of  that process  and not  be left  simply                                                               
reacting to rules and procedures developed by other states.                                                                     
MS. BRENCKLE  noted that at its  meeting in March in  Juneau, the                                                               
AJJAC discussed the ICJ, and voted  to support HB 141.  She added                                                               
that  the  AJJAC will  be  continuing  its involvement  with  the                                                               
"juvenile justice process," and is glad  to be a part of Alaska's                                                               
VICE  CHAIR  DALSTROM ascertained  that  no  one else  wished  to                                                               
testify on HB 141.                                                                                                              
REPRESENTATIVE   GRUENBERG  asked   whether  other   states  have                                                               
substantially amended their versions of the ICJ.                                                                                
MS.  MURRAY  said she  would  research  that  issue and  get  the                                                               
resulting information to the committee.                                                                                         
VICE CHAIR  DAHLSTROM asked that that  resulting information also                                                               
be provided to  the bill's next committee of  referral, the House                                                               
Finance Committee.  She then closed public testimony on HB 141.                                                                 
1:37:07 PM                                                                                                                    
CHAIR  RAMRAS  moved to  report  HB  141  out of  committee  with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection, HB  141 was  reported from  the House                                                               
Judiciary Standing Committee.                                                                                                   

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