Legislature(2003 - 2004)
03/01/2004 01:10 PM House JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 451 - THERAPEUTIC COURTS Number 0088 CHAIR McGUIRE announced that the first order of business would be HOUSE BILL NO. 451, "An Act relating to therapeutic courts; and providing for an effective date." Number 0092 DOUG WOOLIVER, Administrative Attorney, Administrative Staff, Office of the Administrative Director, Alaska Court System (ACS), explained that HB 451 was introduced by the House Rules Standing Committee by request of the ACS. Mr. Wooliver paraphrased portions of the written sponsor statement, which read in part [original punctuation provided]: HB 451 extends the termination dates for two pilot therapeutic court programs until after a planned study of those courts has been completed and reviewed by the legislature. The bill also removes a sunset clause on the Anchorage superior court judge position that was added, in part, to administer one of those therapeutic courts. In 2001 the legislature passed HB 172, which established felony-level therapeutic courts in Anchorage and Bethel. Each court was set up as a pilot program scheduled to run for three years. The Anchorage court admits those with a felony conviction for driving under the influence of an alcoholic beverage, inhalant, or controlled substance (DUI). The Bethel court admits those convicted of either felony DUI or certain felony drug offenses. The findings section of HB 172 explained the purposes of these courts: The purposes of therapeutic courts are lasting sobriety of offenders, protection of society from alcohol-related and drug-related crime, prompt payment of restitution to victims of crimes, effective interaction and use of resources among criminal justice and community agencies, and long-term reduction of costs relating to arrest, trial, and incarceration. MR. WOOLIVER pointed out that these two felony DUI courts were largely modeled after the pioneering work done by Judge James N. Wanamaker, Anchorage District Court, who has a misdemeanor wellness court that deals with misdemeanant alcohol defenders. This therapeutic court grew out of a trial judge's frustration with a system that doesn't work for those with significant alcohol abuse problems. Mr. Wooliver said that Judge Wanamaker has had a great deal of success with his wellness court, adding that the desire of Judge Wanamaker and Brian Porter, former Speaker of the House of Representatives, was to determine whether the success at the misdemeanant level could be replicated at the felony level. Number 0301 MR. WOOLIVER returned to the sponsor statement and paraphrased the following portions of it [original punctuation provided]: In order to determine the effectiveness of these courts the Judicial Council was charged with evaluating them and publishing a study for legislative review. Unfortunately, both the Anchorage and Bethel programs sunset long before the evaluation is scheduled to be completed and, because the report is to be published in July, many months more before the legislature has an opportunity to review that evaluation. If the legislature looks at the evaluation study and decides that the programs should continue, it will be too late; both programs would have ended more than a year earlier. In order to fix this problem, HB 451 extends the termination date of the pilot programs until after the legislature has had an opportunity to review their effectiveness. House Bill 451 also removes a sunset clause in HB 172 that will terminate the Anchorage superior court judge position that was added by that bill. The new judge was necessary not only to do the work of the therapeutic court but also to help absorb the growing felony caseload in Anchorage. The sunset clause will take effect this summer at the same time the therapeutic court program is scheduled to end. Not only will that mean the end of the felony therapeutic court, it will also mean that Anchorage will have one less judge for other superior court work. The therapeutic court judge in Anchorage spends most of her time on general superior court work unrelated to therapeutic court cases. If we lose the judicial position it will impact all superior court cases in Anchorage. The loss of a superior court judge in Anchorage will return us to the number of judges initially established in 1984. Since that time the felony caseload in Anchorage has increased approximately 100%. We simply cannot afford to lose a superior court position in Anchorage and to return to a level of judicial coverage that was appropriate 20 years ago. Number 0540 LEONARD R. DEVANEY III, Judge, 4th Judicial District Bethel, Superior Court, Alaska Court System (ACS), informed the committee that he spends approximately 80 percent of his time dealing with the general superior court caseload. He noted that the Bethel judicial district is the third highest in the state with regard to the number of trials. Judge Devaney noted that his court, which started in June 2002, has had 55 people enter the program, seven of which are to graduate [soon] and another seven are expected to graduate June 1st. The court has experienced wonderful success. About 100 percent of the cases involve alcohol or drugs, he noted. Judge Devaney showcased a recent 65-year-old graduate who had 11 DUIs, three misdemeanor assaults, one felony assault, a couple of criminal trespasses, and a few disorderly conducts. This gentleman has remained sober for two years now and is working. Judge Devaney concluded by encouraging the committee to support continued funding so that the courts can determine whether the therapeutic courts are as successful as is believed. Number 0716 STEPHANIE E. JOANNIDES, Judge, 3rd Judicial District Anchorage, Superior Court, Alaska Court System (ACS), encouraged committee members to observe these therapeutic courts. She highlighted that judges, prosecutors, and defense attorneys throughout Alaska are constantly frustrated by recidivism. The therapeutic courts are actually working, she related. Across the country there are over 1,000 drug courts, after which the therapeutic courts are modeled, in operation. The results in Alaska are consistent with those in the Lower 48. Judge Joannides related that in Anchorage's therapeutic court, she has seen mothers reunited with their children and pregnant women not drinking during their pregnancy. She recalled that about two-thirds of those in her program are repeat felony offenders. "I could go on and on about the successes and the fact that these courts are really rebuilding the lives of people who have very little hope," she said. Number 0934 LINDA WILSON, Deputy Director, Public Defender Agency (PDA), Department of Administration (DOA), announced support for HB 451. She said she believes it's important to continue the two [therapeutic courts] until the results of the study are available. Ms. Wilson assured the committee that therapeutic courts aren't an easy way for defendants because a lot of work and commitment is required of the defendant. Ms. Wilson reiterated support for HB 451, adding that [the PDA] supports therapeutic courts in general. Number 1030 REPRESENTATIVE ANDERSON moved to report HB 451 out of committee with individual recommendations and the accompanying fiscal note. There being no objection, HB 451 was reported from the House Judiciary Standing Committee.
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