Legislature(1995 - 1996)
03/06/1996 01:20 PM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 462 - DRUNK DRIVING: EVIDENCE & SENTENCING Number 1970 PATRICK LOUNSBURY, Legislative Aide for Representative Porter testified on HB 462. He said last year, when the Driving While Intoxicated (DWI) laws were passed, "the law was inadvertently changed that required the court to impose the entire remaining suspended sentences for those persons who failed to complete their rehab authorized by the court. Under HB 462 the court would have the discretion to impose, either all or part, of the remaining sentence." He said this discretion is a useful tool the court can use to encourage defendants to return to treatment. He said surveys have shown that people are usually not successful their first time through rehabilitation treatment, and that it usually takes two or three sessions to successfully complete a treatment. Number 2030 MR. LOUNSBURY said the second portion of HB 462 allows hearsay evidence of prior convictions to be used before the grand juries with DWI and refusal to take the breath test. He said, currently, the grand jury must convene within ten days of an arrest and if a prior conviction occurs in another state it is difficult to get the original documentation from another state. He said HB 462 would allow the courts to contact the other jurisdiction and have the defendant's record or a certified document be included as evidence. "Upon sentencing though, you would have to have the original document, as it is now." MR. LOUNSBURY said hearsay evidence can also consist of statements and observations made by peace officers in the course of investigation. MR LOUNSBURY said the third part of HB 462, amends the rules of criminal procedure. He said, "to proceed with sentencing, (indiscernible) a presentence report, unless a presentence report would apply." He said in most cases, a first offense DWI, is someone who doesn't have a prior record and a presentence report would not be needed. He said defendants in these cases have been fairly and efficiently sentenced without a presentence report for many years. He said the expense and time preparing these reports is not usually justified unless certain circumstance apply. Number 2186 ANNE D. CARPENETI, Assistant Attorney General, Office of Special Prosecution and Appeals, Criminal Division, Department of Law, was next to testify. She said the Department of Law supports HB 462. She said the legislature last year passed a law that made a third DWI conviction a felony if committed within a three year period. She said it was an oversight, when the provision was passed, that required the court to impose the entire remaining suspended sentence for failure to complete the alcohol program. She reiterated that this can be a useful tool in ensuring compliance by the defendant in receiving treatment. Number 2292 REPRESENTATIVE TOM BRICE made a motion to move Amendment 1. CHAIRMAN GARY DAVIS objected to Amendment 1 for purposes of discussion. Representative Brice said it was brought to his attention that in Fairbanks the courts allow defendants to pick and choose between the various drug and alcohol treatment programs. He said, considering the amount of money that the state puts into the Alcohol Safety Action Programs (ASAP), it is important that the courts request that the defendants go to these programs. He said the precise verbiage of Amendment 1 is different than that in regards to the Fairbanks Native Association, and there is no actual language within the statutes that he could reference. He reiterated that it is important that the courts recognize ASAP. Number 2366 REPRESENTATIVE JAMES said, in Anchorage, ASAP is a state run program and the court refers people with DWI offenses to them for an evaluation. After the evaluation, the offenders can go anywhere they want to go for treatment. She said in Fairbanks, the FNA receives a grant to operate ASAP, but the courts do not necessarily refer offenders to FNA in Fairbanks. She said ASAP and FNA document the completion of treatment and that other treatment facilities do not have the same documentation procedures. She said without this documentation the courts are not able to verify the treatment requirement. REPRESENTATIVE JAMES said Amendment 1 requires documentation of a person's compliance. She questioned whether there was any other treatment centers that were doing an evaluation before the offender went through the rehabilitative program. Number 2467 CHAIRMAN GARY DAVIS said, it appeared that in both Anchorage and Fairbanks, where the person sought treatment was under the discretion of the judges. He asked whether Amendment 1 would clarify that and suggested that Amendment 1 should read the, "courts should refer a person," rather than the, "agencies should refer a person." Number 023 REPRESENTATIVE JAMES stated that documentation should be made available to assure the courts that the offender has completed the treatment. She said there are several programs offering this service in Fairbanks and said that not all of these programs do a screening evaluation program, just a treatment program. She said there are controversial treatment methods and cited an example of a person who was attempting to teach people to drink in moderation. She said no one is following through with providing documentation of whether or not the offender has completed the treatment program. She said sometimes offenders follow through with a program and then the courts say they have not completed the treatment due to the lack of documentation. Number 084 CHAIRMAN GARY DAVIS said there are discrepancies in the law regarding documentation, but added that he wasn't sure that Amendment 1 addressed these concerns. He said he would be willing to write a letter to the sponsor of HB 462, Chairman Porter, House Standing Judiciary Committee regarding this issue. Number 119 MR. LOUNSBURY said the issue raised is a problem and added that ASAP is a good program that works in some areas of the state. He said Amendment 1 was brought to Chairman Porter last week. He said HB 462 was designed to correct the oversights from last years legislation and that there wasn't enough time to incorporate this issue into HB 462. Number 187 REPRESENTATIVE BRICE said, when reading through all of Amendment 1, he believed the word agency referred back to the court. He said if he felt that if the issue would be addressed in the House Judiciary Committee, he would withdraw Amendment 1. He said he believed Amendment 1 would incorporate itself easily within HB 462. Number 238 REPRESENTATIVE WILLIAMS supported the suggestion of sending a letter of intent from the House Transportation Committee, along with HB 462, when it is moved to the House Judiciary Committee. Number 253 CHAIRMAN GARY DAVIS said, with the consent of the House Transportation Committee, he would draft a letter and send it to Chairman Porter. He said Amendments added during the committee process are important and worthwhile to various legislation. There was a discussion about whether a roll call vote should be taken on Amendment 1 as a vote on Amendment 1 would conflict with the proposed letter to Chairman Porter. Representative Brice withdrew Amendment 1. Number 385 JERRY SHRINER, Special Assistant, Office of the Commissioner, Department of Corrections, said the Department of Corrections put in a negative fiscal note with HB 462. He said last years legislation, HB 159, required the use of funds for presentence investigations, as is required in every felony case. He said because HB 159 did not come into effect until January of 1996, the fiscal note for HB 159 was cut in half. The affect of HB 159 was that five positions were funded for half of the year. He said HB 462 would reduce the required presentence investigations, thereby reducing the number of probation officers doing those investigations by two. He said the Department of Corrections added a note to the fiscal note stating that the decrement assumes that the five positions and funding related to HB 159 are annualized and will be funded in fiscal year 1997 without the passage of HB 462. He concluded that HB 462 will allow the Department of Corrections to do less work and eliminate two positions. Number 486 REPRESENTATIVE WILLIAMS made a motion to move HB 462 with the letter of intent by the committee, attached fiscal notes and individual recommendations. Hearing no objection HB 462 was moved from the House Standing Committee on Transportation.
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