Legislature(2009 - 2010)BUTROVICH 205

04/03/2009 01:30 PM HEALTH & SOCIAL SERVICES

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved SB 38 Out of Committee
Moved SB 156 Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        SB 156-COMPACT FOR JUVENILES; INTERSTATE COUNCIL                                                                    
2:41:27 PM                                                                                                                    
CHAIR DAVIS announced consideration of SB 156.                                                                                  
TREVOR  FULTON, staff  to  Senator McGuire,  sponsor  of SB  156,                                                               
presented  the   sponsor  statement.   He  said  this   bill  was                                                               
introduced at  the request of  the Division of  Juvenile Justice,                                                               
Department of Health and Social Services (DHSS).                                                                                
He  explained that  SB 156  puts Alaska  on the  same page  as 36                                                               
other states by adopting a  new interstate compact on transfer of                                                               
juveniles under  court supervision  across state lines,  and that                                                               
legislation is  pending in  at least four  other states.  The new                                                               
compact  was developed  by the  Council of  State Governments  in                                                               
collaboration  with   the  U.S.   Office  Juvenile   Justice  and                                                               
Delinquency.  If it  is not  adopted, the  state could  soon face                                                               
serious  and   costly  challenges  in  its   ability  to  monitor                                                               
juveniles who  come here  from other  states, including  some who                                                               
may be  dangerous and a  liability concern for  Alaskan agencies.                                                               
In addition, other states will  be under no compunction to accept                                                               
Alaskan  juveniles  who seek  to  visit  or reside  within  their                                                               
borders. Not  adopting the  compact would  also likely  result in                                                               
requiring Alaska  to form individual agreements  with each state,                                                               
which could  prove to be  time-consuming, expensive and  far less                                                               
2:44:34 PM                                                                                                                    
TONY  NEWMAN,  Social  Services   Program  Officer,  Division  of                                                               
Juvenile  Justice,  Department  of  Health  and  Social  Services                                                               
(DHSS), supported  SB 156.  He said  his division  is responsible                                                               
for overseeing  the implementation of the  interstate compact for                                                               
juveniles  in  Alaska.  Every  year  the  division  oversees  the                                                               
comings  and goings  of about  160 juveniles  to and  from Alaska                                                               
under  court  supervision.  The existing  interstate  compact  on                                                               
juveniles has for  several decades helped them do  this, but they                                                               
agree that an  update to the compact is sorely  needed. He echoed                                                               
what Mr.  Fulton said about this  being a public safety  issue as                                                               
well as something  needed to protect the welfare  of juveniles in                                                               
the communities in which they reside.                                                                                           
SENATOR   ELLIS  asked   if  this   would  be   considered  model                                                               
MR. NEWMAN replied he thought it would be safe to say that.                                                                     
SENATOR  PASKVAN said  on  page 24,  the  commissioner's duty  to                                                               
notify says it will take effect  only if at least 34 other states                                                               
ratified this  model law,  but then the  memorandum says  that 36                                                               
states  have already  ratified it.  So,  is language  on page  24                                                               
MR. NEWMAN answered yes; that  threshold has been reached and the                                                               
compact is considered in active status around the country.                                                                      
2:47:51 PM                                                                                                                    
Section Analysis:                                                                                                               
MR. NEWMAN  explained that Section  1 adds "and juvenile"  to the                                                               
State  Council for  Interstate  Offender  Supervision. This  bill                                                               
creates  an   in-state  council  to  oversee   the  compact.  The                                                               
Department of  Corrections already has an  adult offender compact                                                               
and a  similar requirement  for a state  council; so  one council                                                               
will oversee  both operations.  Section 2  changes the  number of                                                               
council members from  seven to nine; the two  extra positions are                                                               
the   commissioner  of   DHSS  or   designee   and  the   compact                                                               
administrator of the juvenile compact.                                                                                          
Section 3  deletes "uniform" and  inserts "for" instead  of "on".                                                               
Section  4 is  the  body of  the new  compact  itself. Section  5                                                               
changes  the designator  of the  compact  administrator from  the                                                               
governor to the  commissioner of DHSS Services  (DHSS) to reflect                                                               
what actually  happens now. It  also adds a new  section, Section                                                               
6, which  designates the state  Council for Interstate  Adult and                                                               
Juvenile  Offender  supervision to  serve  as  the same  council.                                                               
Section  7 adds  new  section,  which allows  the  DHSS to  adopt                                                               
regulations to  implement the provisions of  the chapter. Section                                                               
8 is a cleanup for clarity  by the drafter. Section 9 states that                                                               
the short  title of  this title  may be  cited as  the Interstate                                                               
Compact for Juveniles. Section 10  repeals the existing section -                                                               
AS  47.15.050 -  because it  is  already covered  in the  section                                                               
governing the management of juvenile delinquents.                                                                               
Section 11 changes the uncodified law  of the state by adding new                                                               
sections changing the  name of the compact to  the new Interstate                                                               
Compact  for Juveniles  and changes  that  name in  the Rules  of                                                               
Civil Procedure. Section  12 changes the uncodified  law and adds                                                               
a  new section  that applies  old  compact rules  to states  that                                                               
haven't opted to join the new compacts in the transition period.                                                                
Sections 13 adds  a new section that the court  rule changes take                                                               
effect only  if approved  by two-thirds of  the majority  of each                                                               
house. Section  14 states that  the compact takes effect  only if                                                               
at least  34 other  states ratify this  compact. Section  15 sets                                                               
the effective date as either the  day after the date on which the                                                               
commissioner  of  DHSS  or  designee   notifies  the  revisor  of                                                               
statutes that  at least 34  states have ratified the  new compact                                                               
or July 1, 2009, whichever is earlier.                                                                                          
2:52:02 PM                                                                                                                    
MR. NEWMAN  pointed out that  this new compact means  that Alaska                                                               
would  be expected  to support  establishment  of an  independent                                                               
national   compacting   commission   to   support   the   compact                                                               
activities; that doesn't exist  right now. Alaskan representative                                                               
would be appointed  by the governor and Alaska would  agree to be                                                               
subject  to  the  rules  and  requirements  of  the  new  compact                                                               
developed by the  members of the interstate  commission. It would                                                               
agree  to  collect and  provide  data  and other  information  as                                                               
requested by  the commission, and  to pay dues to  participate in                                                               
the national  compact operation.  And it would  have to  create a                                                               
State Council for Interstate Juvenile Supervision.                                                                              
SENATOR PASKVAN advised that there is a zero fiscal note.                                                                       
2:54:02 PM                                                                                                                    
CAROL BRENCLE, Chair, Alaska  Juvenile Justice Advisory Committee                                                               
(AJAC), said she  is an attorney in Kenai, Alaska,  said they are                                                               
an advisory board  of Alaskan citizens appointed  by the governor                                                               
to  oversee implementation  of the  federal Juvenile  Justice and                                                               
Delinquency Prevention Act within  Alaska. They assure compliance                                                               
to receive as  much federal money as is available  and advise the                                                               
governor,  the  legislature  and  citizens  on  juvenile  justice                                                               
AJAC  is proactive;  they have  discussed the  importance of  the                                                               
Interstate Compact  for Juveniles  as it  affects Alaska  and the                                                               
kids in the juvenile delinquency  system. She said AJAC supported                                                               
SB  156 and  thinks  it  is extremely  important  that it  passes                                                               
promptly, because uniform laws make  it much easier for states to                                                               
work together.                                                                                                                  
She was also  concerned that not adopting the  compact soon would                                                               
cost  the state  money. A  letter from  Representative Ramras  in                                                               
their  packets  refers  to  the fact  that  states  that  haven't                                                               
enacted the  new compact  by December  2009 will  not be  able to                                                               
transfer juveniles  to and  from states  operating under  the new                                                               
compact at that time. This  means the state would need individual                                                               
memorandums of understanding  for its kids to  be transferred out                                                               
of state. It  is also extremely important to  deal with juveniles                                                               
on an immediate  basis and not delay proceedings so  that a child                                                               
can  be  with   a  parent  who  can  give   him  supervision  and                                                               
protection. Also, as an attorney,  she realizes that other states                                                               
will be making laws that affect Alaska.                                                                                         
2:59:46 PM                                                                                                                    
CHAIR DAVIS closed public testimony.                                                                                            
MR. FULTON stated  that the House version of this  bill did get a                                                               
$45,000  fiscal note  from the  Department of  Health and  Social                                                               
Services (DHSS),  but Mr.  Newman said he  could describe  it for                                                               
CHAIR DAVIS asked if the House made changes to the bill.                                                                        
MR. NEWMAN replied no, but he didn't know why it wasn't                                                                         
transmitted to the committee.                                                                                                   
3:01:17 PM                                                                                                                    
SENATOR  PASKVAN  moved to  report  SB  156 from  committee  with                                                               
individual recommendations and attached  zero fiscal note(s) with                                                               
the understanding that  an amended fiscal note would  catch up to                                                               
it  in the  Judiciary Committee.  There being  no objection,  the                                                               
motion carried.                                                                                                                 

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