Aging, Children and Youth, Legislative & Military Affairs- House

Thank you madam chairman and committee. Are you doing when I need you to move your Mike toward you a little bit and I'm gonna be able this thank you madam chairman and committee house bill eleven twenty first of all may German my guest to the right is the staff judge advocate for the Arkansas National Guard colonel colonel Jeff wood and he's here is my subject matter expert for three bills the this afternoon. House Bill Levin twenty two simply what it allows us to do is kind of a it's a long way allows the military department to present the awards and decorations to up individuals who are not members of the National Guard or the department of the military many times we have legislators individuals in the community that that that do great things for us and we want to have the capability to be able to present awards of decorations to those individuals. We have to take any questions. Members did you have any questions. Madam chairman I will say also that's an amended bill we amended one word because it is said the Arkansas Army National Guard we amended it to the Arkansas National Guard. And this is the amendment engrossed yes ma'am all right thank you is there anyone in the audience who would like to speak for the bill. Against the bill. Represented very would you like to close for your bill I appreciate the available but both thank you and are you making a motion yes ma'am. I make a motion for do pass please we have a motion to pass all in favor say aye aye All opposed no. Your bill has passed. Thank you madam you are recognized to present house bill eleven twenty three. Madam chairman house bill eleven twenty three is simply is is changing terminology in there this kind of archaic it changes the terminology of peace officer to law enforcement officers the the word peace officers very broad and we tried to narrow it down to a law enforcement officer in a deferred to a colonel but would but with that being said I we did have a some questions on the word militia. As used in the bill and so we amended the bill to organized militia the only militia that's recognized by code in the state of Arkansas is Arkansas National Guard so we're just trying to make it a little more clear so people don't think it is a militia group that's going to have some law enforcement power somewhere in the State of Arkansas would. Colonel Jeff would Arkansas National Guard and this is one of those few bills where you just think it's an easy change and then you put it out there and you get a lot of comments and questions but really what we're trying to do is limit the powers that our soldiers have because peace officer is actually in the code thirty seven different places includes you know some fires inspections and different things so the reason we wanted is for law enforcement when we get called out for domestic response or you know disaster relief we are folks to be able to supplement and help the police officers with either traffic control or other issue so we really want to limit that language to law enforcement officer a peace officer by it's very definition other places already includes law enforcement officer so we're actually shrinking the rights and privileges that our soldiers have as opposed to expanding it in again we added that term organized militia because it is defined in the code already as what's in the federal statute and that limits it to the Arkansas Army National Guard and the Arkansas Air National Guard so be happy to answer any questions. Are there any questions by committee. Representant cloud. Thank you madam chair of I appreciate the clarification on organized militia. because when the when I read this the first thing that comes to my mind is like the Arkansas state defense force and that's a little bothersome of which wonder the two entities that you German say. All under organized militia why would we just have their names in here instead of organized militia thank you. Represent I think think the reason why is that because that term is used throughout the military code section so we always refer to or organized militia and in the definition section so it it clearly states that help as for the state defense force it's in another code section but it requires us to promulgate rules them to actually be activated in and structured right now that's not the place so they're kind of deactivated and then kind of the other confusing term is in the constitution there's languages says every every able bodied male over the age of sixteen as a member of the Arkansas militia and so I think adding they were organized kind of helps to show that you know this is the Arkansas Army National Guard in Arkansas or international guard and and that is it so I think it was a really good comments from the public to kind of get or the process for us to clean this up. Seeing no other questions is there anyone in the audience here to speak for this bill. Against this bill. Represented by a would you like to close for your bill thank members of the chairman up appreciate the unfavorable boat thank you. However make a motion for a do pass all right we have a motion to pass all in favor say aye. All opposed say no. And the bill passes. Recognize you now for house bill eleven twenty four madam chairman of this is a a bill that's kind of near and dear to my heart I'm under a deferred the colonel would here in in in just a moment let him talk about it but all right when I was adjutant general of the state of Arkansas one of the probably the the most serious issues that I addressed was the issue of sexual assault in the military and I can tell you from a former adjutant general I took sexual assault and sexual miss misconduct very seriously I was the first a commanding general in the State of Arkansas to ever court martial in incarcerated individual for sexual assault and we did that on a number of occasions primarily because is a tool in my bag is a leader to discourage people from misconduct this bill and Carol would explain to you a cleans up little language on exactly what sexual misconduct and sexual assault is but I can assure the Committee and the the chairman that we take sexual assault sexual misconduct in any misconduct very seriously in the Arkansas National Guard and they continue to do so today. Thank manager. Madam chairman just to give you more background on it since two thousand thirteen we've done about nine. The general courts martial dealing with that what we used to call sexual misconduct because early on we use that term because sexual assault was already in the criminal code section of the Arkansas Code so what we're dealing with here is the military code of Arkansas it's our military justice system so it's outside the criminal the civilian criminal justice system so what we what we noticed after using sexual misconduct you numerous times it made more sense to amend the code to make it sexual assault because under the general articles any any crime under the Arkansas law that's non capital we can charge the general general offense and so we could charges anyway but it just makes it cleaner two soldiers the defense counsel the prosecution if they see the elements everything laid out in the beauty section initiates clear and it's easier to train so we decide to come this section go ahead put sexual assault into our you know punitive section the code so it's laid out without the definitions there so it's it's a lot better for all parties because I think represented beryl agree one of the things we strive on is justice is a process it's not outcome based so we want to make sure that we have a process in a system in place they can adjudicate alleged sexual assault sexual misconduct and just take to the process and then let the of processes side what justice looks like you have an answer any questions. Are there any questions from committee members. Seeing nine is there anyone in the audience here to speak against the bill. Is there anyone in the audience here to speak for the bill. Represented very you're recognized close for your bill thank you madam chairman and I appreciate the the committee this consideration on this bill and like I say we and I I can tell you the gentleman to my right as the staff judge advocate for the state of Arkansas military department takes sexual assault and sexual misconduct very seriously and this is just one more tool in the the jags toolbox that the that we can use to hold people conduct Campbell further actions I appreciate the your support and I make a motion for do pass. I have a motion to pass all in favor say aye. All opposed say no. And this bill passes your three for three today. Thank you madam chairman thank you Committee thank you measure. And I'm now recognize our vice chair. Representative fight you're recognized to present house bill twelve forty five. Thank you madam chair I would like to bring to the table my expert with witness Solomon graves from the department of corrections. Members last session we did some major work hasn't bills in the area of juvenile justice but we did not address those that come for juvenile justice system with information from treatment that we need to know. We don't want to set these children up for failure we have worked with the Department of Human Services and they have signed off on this bill these are the children who would be coming the young people who would be coming from extended juvenile and jurisdiction and I get that right. Extended juvenile jurisdiction honesty JJ this would be a very limited number of children they have been not been adjudicated delinquent this does not touch the children who had been adjudicated delinquent only those in extended juvenile jurisdiction. This would be when the judge has said to this a juvenile when you're eighteen you will continue in an adult facility for very serious crimes. We will have to promulgate rules and reports to a LC and to this committee and to the Senate children's Committee. This is a continuum of care for our juveniles yes they have commended committed heinous crimes in this instance but there are other risk factors and things in their background that we need to know and that need to go with them to an adult facility so I'm going to ask Mr grace to give more definition of this. Would you please introduce yourself for the record the renaissance thank you madam vice chair solemn grave sector corrections for the state of Arkansas I want to thank the Representative Fite for sponsoring this bill for us we saw from afar the last says session the efforts that both both houses made to advance juvenile justice and juvenile treatment within the state and one of the things we began to discuss within the department is where do we fit in while we have a very small school of juveniles who come in our care either directly click on the counties or from DYS transfer we view the current situation as having created a treatment clinic for those offenders meaning they are treated up to that point by the way is receiving those services receiving those interventions but when they come into state care either incarceration or under adult supervision far far purposes it's as if every thing that DYS and and the juvenile treatment community did just doesn't exist we have no is access to that in formation this bill gets us to the point of addressing that treatment cliff as Representative of fight indicated this gives us authority to access the records but requires that prior to access we develop rules which come back to this committee the Senate Committee on Children and Youth and then the ALC rules subcommittee before their implementation. Thank you. Anything further are there any questions by the committee. I representatives bringer you're recognized for a question. Thank you madam vice chairman in good afternoon. A Secretary graves what age group of students are we talking about that ended. The you've got two groups of offenders we can take of juveniles can come into our custody at the age of sixteen or if they are of in a E. J. J. status once they complete that each J. J. terms used usually around eighteen there then transferred for the balance of their time to the department of corrections so ages sixteen through nineteen they're about yes ma'am follow up question that you're recognized also of the records that you're trying to secure all they related to of records from their schools court records are you speaking on these would be of Records hailed by the Department of Human Services that would be relevant to the Department for assembling a risk assessment for that offender upon entry in our custody a classification plan upon entry to our custody or a supervision plan upon intake to adult parole probation follow up. So does that do they include as well like school records like IT peas accommodation plans things of that nature seems like to me that those would be some additional documents that you would need in order to address any kind of special needs that the students staff yes ma'am if in if DHS has has those records obviously there's a portion of the juvenile justice system outside of the way is jurisdiction in this deal specifically with records with the of the Department of Human Services division of youth services so. One last one so then are you saying that that the the at DHS a D. Y. S. wouldn't have such records because to me if you're going to really try to address the problems of these young men young women that are incarcerated that you would want their educational records as we all in order to add the deal with the problems that there's continuously experience and so I I would just like to offer that is a need as well that you secure all records in those that are related to their educational needs yes ma'am and madam vice chair there it there is room for Representative from the Division of Youth Services if you would benefit the committee to know the records that they have in their possession. Thank you would that be helpful yes okay thank you. Please introduce yourself for the record and then you're recognized. Good afternoon my name is Michael Crocker was or will. good afternoon Michael Crump director the Division he's services and I'm listening to the testimony we actually will have kids anywhere from sixteen we may hold him up until their twenty first birthday so sometimes I may enter department corrections on the probation system anytime in that range but it could be up until twenty one years we will have educational records we will have their therapy records and I think one of the other key components as well as treatment is if there's a history of aggression about predatory behavior could could be self harm we will have records for all that for every every juvenile that would potentially come into the adult system and we would be able to give all that information over. Thank you you're welcome are there any other questions from the committee. Represented very you're recognized for a question thank you madam chairman and the chairman Fite. I appreciate you bringing this bill I think is a great bill and I but also I want to commend you for your long time service towards adjudicated and non adjudicated use in our communities because I know and I've worked with you before and I I just want to publicly state how grateful of the State of Arkansas is for your continued support to our or children in the communities. And management of point of privilege please. Recognized in the Secretary graves you not it's rare that we have someone with the Secretary with the department of corrections that's doing such a tremendous job I had the privilege of with a number of us to visit the department of corrections with sector grades and his staff and I will tell you for people that are incarcerated there very well taken care of and I commend secretary a grades for a scene that are incarcerated or or well taken care of and thank you. Thank you represented by Clark you're recognized for a question. Thank you manager just for clarification of what type of records would not be released. But I can't really think of anything that that would not be releasable to the department of corrections in the limited number of cases just to give you guys a. Perspective we I look before I left we have nineteen kids are costly right now who extended juvenile jurisdiction so it's it's a very small number but it is those kids that faces adult charges if treatment doesn't go well that's still hanging over their head with all the records that we have that we mentioned from education to their health records would be something that we could transmit to the Department corrections because they would be at that point responsible for they would be in there because the in proper responsible for providing all the same to a site sorry types of care and services that we've been providing before that thank you. Are there any other questions by the committee. Is there anyone in the audience here to speak for the bill. Against the bill. Representative I would like to close for your bill. I would like to close thank the committee and make a motion to pass we have a motion is there any discussion on the motion. All in favor say aye. Opposed no. Congratulations you passed your bill thank you madam chair thank you Committee. If there is no other business