Legislature(1999 - 2000)
04/15/2000 04:43 PM House JUD
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* first hearing in first committee of referral
+ teleconferenced
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+ teleconferenced
= bill was previously heard/scheduled
HB 375 - INHALANT ABUSE CHAIRMAN KOTT announced that the first order of business would be HOUSE BILL NO. 375, "An Act relating to abuse of inhalants." [Officially before the committee was CSHB 375(HES), Version I (1- LS1323\I). Furthermore, written amendments were to Version I. However, members' packets contained not that version but a work draft, Version H (1-LS1323\H, Luckhaupt, 3/28/00), provided by the sponsor, which had been moved out, unamended, by the House Health, Education & Social Services Committee on 4/13/00. The two versions, therefore, should have been identical in content.] Number 0025 REPRESENTATIVE MARY KAPSNER, Alaska State Legislature, sponsor of HB 375, explained that this legislation gives people across the state a tool to "leverage" abusers of inhalants into treatment. She pointed out that [abuse of inhalants] is a class B misdemeanor in this version of the bill. She informed members that the bill has broad-based support from providers across the state. CHAIRMAN KOTT asked whether federal funding had been received for a facility. REPRESENTATIVE KAPSNER affirmed that. Only two facilities exist in the nation, she noted, and this will be the third. The facility is scheduled to be built in Bethel, it should be ready to open in 2001. Number 0097 CHAIRMAN KOTT called an at-ease at 4:45 p.m. [End of this tape because of technical difficulties] TAPE 00-64, SIDE A CHAIRMAN KOTT called the meeting back to order at 4:48 p.m., noting that there was now a quorum present. Number 0005 ROBERT BUTTCANE, Juvenile Probation Officer, Youth Corrections, Division of Family and Youth Services (DFYS), Department of Health and Social Services, came forward to testify. He expressed appreciation to the sponsor for putting this issue forward. Inhalant abuse in one of the most damaging and costly substance abuse issues facing the state. However, the department has concerns about the bill, relating specifically to Section 1 and criminalizing addictive behavior. Although a motivator to get people involved in treatment, criminalizing this act within the delinquency system could lead to placing young people who are abusing inhalants into detention facilities. MR. BUTTCANE pointed out that detention facilities are overcrowded. Bethel, for example, has an eight-bed facility; however, the capacity has averaged, over the last year and a half, anywhere from 14 to 17 or 18 youths. Even one additional person, especially someone with issues relating to inhalant abuse, would be extremely problematic for the department. Noting that the other sections of the bill would amend the involuntary commitment provisions of Title 47, Mr. Buttcane concluded: We think that it is appropriate ... to amend that section, as indicated in the bill, by adding inhalants because there are some instances where it's been confusing whether or not the courts were able to make an involuntary commitment when an inhalant abuse has occurred. So those amendments would be appropriate to that involuntary commitment statute. Number 0174 REPRESENTATIVE JAMES made a motion to adopt Version H [1- LS1323\H, Luckhaupt, 3/28/00] as a work draft. There being no objection, it was so ordered. REPRESENTATIVE JAMES stated her understanding that Mr. Buttcane's concern about Section 1 is that abuse of inhalants is a class B misdemeanor. However, Section 1 goes on to say that a court shall suspend the imposition of sentence, place the defendant on probation, and require the defendant to successfully complete an inhalant abuse treatment program. "So it doesn't seem to me like they're going to have to go into these places," she commented. MR. BUTTCANE said that provision would apply to the criminal system. The delinquency system would not have that provision in front of it. Under the delinquency system, a juvenile who is a danger to himself/herself or others may be detained; given that inhalant abuse could, indeed, be the premise upon which the court finds that a youth is dangerous to himself/herself or others, that would be the justification for detention. Although written so that it is directed toward the criminal system, the bill would have an impact on the delinquency system. "We are concerned that that would increase the pressures on our detention populations," he concluded. Number 0199 REPRESENTATIVE JAMES replied that she understands the concern when there is a problem with a place to put these children. However, if children are a danger to themselves, what is Mr. Buttcane's suggestion? MR. BUTTCANE answered that the other provision of the bill, which would amend the involuntary commitment statute to include inhalants, would be an answer; that would provide the court system with opportunities to identify young people who are a danger to themselves because of the use of inhalants, and to compel them into a treatment program. "That, to us, makes more sense than to criminalize an issue which is essentially a substance issue," he explained. "We do not now criminalize alcohol abuse. And criminalizing inhalant abuse would be problematic for our delinquency system." Number 0367 REPRESENTATIVE ROKEBERG mentioned possession of alcohol for a minor. He asked whether that is a violation now. MR. BUTTCANE specified that possession of alcohol by a minor is a violation subject to a $100 fine. It is a matter handled by the district court, not the delinquency system. REPRESENTATIVE ROKEBERG said he is looking at a middle ground here because he is concerned. Even with the suspended imposition of sentence, there would have to be at least an indeterminate fiscal note and, therefore, a referral to the House Finance Committee. MR. BUTTCANE pointed out that the Department of Corrections had submitted an indeterminate fiscal note [dated 4/10/00]. Furthermore, the Department of Health & Social Services was waiting to submit a fiscal note, depending on whether or not the House Judiciary Standing Committee retains the criminalization piece relating to inhalants; if that stays in the bill and the bill moves forward, that department will have to place a fiscal note on this bill. Number 0465 REPRESENTATIVE KAPSNER informed members that a violation is something that "treatment people" throughout the state are very much in favor of, for the same reasons indicated by Mr. Buttcane. She then stated: That alternative is fine with me. Under the version that left the House [Health & Social Services Committee], the chairman of that committee was most comfortable ... with the infraction being a misdemeanor, because he thought the heavier the "hammer," the more inclined the young person or a person would be to go to treatment. REPRESENTATIVE ROKEBERG asked whether there is "an inhalant factor in contributing," or if that is stretching. Number 0530 REPRESENTATIVE CROFT asked Mr. Buttcane whether there would be a zero fiscal note from his department if this were made a violation like [offenses regarding] alcohol. MR. BUTTCANE affirmed that. Number 0554 REPRESENTATIVE CROFT made a motion to adopt conceptual Amendment 1: In Section 1 [subsection (d)], to substitute "violation" where it is a misdemeanor, with the same structure with regard to the fine as that relating to alcohol. REPRESENTATIVE ROKEBERG asked whether it is okay with the bill sponsor. [An affirmation is audible on tape.] REPRESENTATIVE JAMES asked whether the rest of the sentence is necessary [page 1, line 15, through page 2, line 2]. CHAIRMAN KOTT said there is no need to place the defendant on probation, but suggested the committee would want to require the defendant to successfully complete the abuse treatment program. REPRESENTATIVE JAMES agreed, saying it would be up to the "and" on the next page [page 2, line 2]. Number 0609 MR. BUTTCANE [providing the reasoning behind what would become Amendment 2] informed members that when this bill was in the House Health, Education & Social Services Committee, the Public Defender Agency had pointed out a worthy consideration. Section 1, page 1, line 6, says, "if the person smells or inhales any substance". However, that phrase could include espresso coffee, perfume or tobacco, for example. The language on page 5, line 3, "hazardous volatile material or substance", might be more appropriately placed on page 1, line 6, in order to better limit inhalant abuse to relate specifically to those things that are hazardous, volatile materials or substances, rather than things like perfume that give some excitation. REPRESENTATIVE KAPSNER informed members that a written copy of the amendment [Amendment 2] was forthcoming. Number 0693 CHAIRMAN KOTT returned attention to conceptual Amendment 1. He indicated it would begin on page 1, line 15, which would read, "Abuse of inhalants is a violation." The imposition of sentence provision would be replaced to conform the violation to the same category relating to a violation for alcohol abuse, with a $100 fine, to his belief. It would still require the defendant to complete the abuse program. There being no objection, Chairman Kott announced that Amendment 1 was adopted. Number 0775 CHAIRMAN KOTT turned attention to Amendment 2, a written amendment labeled 1-LS1323\I.1, Luckhaupt, 4/15/00, which read: Page 1, line 6: Delete "substance" Insert "inhalant" Page 1, line 13, following "section,": Insert "(1)" Page 1, line 14, following "AS 04.21.080": Insert "; (2) "inhalant" has the meaning given in AS 47.37.270(10)." CHAIRMAN KOTT said he believes that Amendment 2, in its entirety, is appropriate. He asked whether Gerald Luckhaupt, the legislative drafter, had any comments; none were offered. Number 0952 REPRESENTATIVE ROKEBERG made a motion to adopt Amendment 2. There being no objection, it was so ordered. [REPRESENTATIVE ROKEBERG made and withdrew a motion to move the bill from committee.] Number 0990 BLAIR McCUNE, Deputy Director, Public Defender Agency, Department of Administration, testified via teleconference from Anchorage, noting that he didn't know what amendments had just been adopted. He said his main concerns related to page 1, line 6. CHAIRMAN KOTT reported that the amendments had taken care of that. MR. McCUNE said he believes that the intent of causing intoxication seems to be sufficient without including inebriation, excitement, stupefaction and dulling of the nervous system. He added that the agency is still concerned about criminalizing behavior. CHAIRMAN KOTT responded to the latter concern, indicating the amendments had taken care of that, as well. It is now a violation with language similar to the statute dealing with alcohol abuse. MR. McCUNE said that takes care of his concerns. Number 1038 REPRESENTATIVE ROKEBERG made a motion to move CSHB 375, as amended, from committee with individual recommendations and the attached indeterminate fiscal notes. REPRESENTATIVE CROFT proposed having a zero fiscal note for the Department of Corrections because [inhalant abuse] is now a violation and DFYS' problem has been solved. CHAIRMAN KOTT concurred. REPRESENTATIVE ROKEBERG amended his motion to include a zero fiscal note from the committee. There being no objection, CSHB 375(JUD) was moved from the House Judiciary Standing Committee.
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