Legislature(2005 - 2006)BUTROVICH 205

04/12/2006 08:30 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved SCS CSHB 318(JUD) Out of Committee
Moved CSSB 134(JUD) Out of Committee
Moved SCS CSHB 441(JUD) Out of Committee
                HB 441-THERAPEUTIC COURT FOR DUI                                                                            
9:57:20 AM                                                                                                                    
CHAIR RALPH SEEKINS announced CSHB  441(FIN) version to be up for                                                               
SENATOR GENE THERRIAULT  moved to adopt version I  as the working                                                               
document before the committee. Hearing  no objections, the motion                                                               
REPRESENTATIVE NORMAN ROKEBERG introduced  the bill and explained                                                               
that it was a culmination of  several years of effort to fund and                                                               
organize wellness  courts in  the State  of Alaska.  Recently the                                                               
Senate Judiciary  Committee heard an overview  from professionals                                                               
around the country of how  successful therapeutic courts were and                                                               
Alaska should join the trend and get the courts up and running.                                                                 
10:02:57 AM                                                                                                                   
SENATOR GRETCHEN GUESS  referred to page 3 lines  11-13 and asked                                                               
whether she  was correct  in her understanding  that if  a person                                                               
has been to a therapeutic court  more than twice that they can no                                                               
longer participate in  the program. She asked  whether there were                                                               
other  court  ordered  programs that  occurred  in  the  person's                                                               
distant past that would count them out of the wellness court.                                                                   
REPRESENTATIVE ROKEBERG replied  the intent was that  if a person                                                               
continually "messes up"  then they wouldn't be  allowed back into                                                               
the program.                                                                                                                    
SENATOR GUESS  asked whether it  would count if they  started the                                                               
wellness court and dropped out.                                                                                                 
REPRESENTATIVE ROKEBERG replied yes.                                                                                            
10:04:36 AM                                                                                                                   
SENATOR HOLLIS  FRENCH asked the  reason that the  Anchorage ASAP                                                               
program wouldn't count as a court-ordered treatment program.                                                                    
10:05:49 AM                                                                                                                   
DOUG  WOOLIVER,  Administrative  Attorney, Alaska  Court  System,                                                               
voiced  support   for  the  bill.  To   answer  Senator  French's                                                               
question,  that  language refers  to  a  court ordered  treatment                                                               
program  under   the  new  Section   28,  which  is   limited  to                                                               
therapeutic court.  Other failed attempts would  not count toward                                                               
the limit.                                                                                                                      
SENATOR FRENCH  referred to  page 4, subsection  (c) and  said it                                                               
integrates the  "no bail  for convicts  provision." He  wanted to                                                               
make sure there was no conflict between the two ideas.                                                                          
MR. WOOLIVER  responded there was no  conflict because subsection                                                               
(c) refers to people who have failed the program.                                                                               
10:08:30 AM                                                                                                                   
SENATOR FRENCH  said to be  clear the  person has pled  guilty to                                                               
the offense and so  he was curious as to how  they can justify in                                                               
this case  releasing the defendant  to the  court-ordered program                                                               
and not to the Department of Corrections.                                                                                       
MR. WOOLIVER  said this case  would be meeting conditions  of the                                                               
bail  because  it  is  the   judge-ordered  continuation  of  the                                                               
SUSAN PARKES,  Deputy Attorney General, Department  of Law (DOL),                                                               
agreed with Mr. Wooliver in that  there was no conflict. The bail                                                               
bill  that  Senator French  was  referring  related to  temporary                                                               
releases and  releasing someone  for the  purpose of  attending a                                                               
treatment  program would  be  part of  the  bail conditions.  The                                                               
therapeutic  court program  is not  a temporary  program. If  the                                                               
person fails  out of the  program they  would be remanded  to new                                                               
bail conditions.                                                                                                                
10:11:02 AM                                                                                                                   
MR. WOOLIVER advised  the committee that the  program was already                                                               
underway in  many parts  of the  state and  the DOL  is currently                                                               
developing other models.                                                                                                        
SENATOR FRENCH asked  whether the bill changed  any DUI look-back                                                               
MR. WOOLIVER said no.                                                                                                           
10:14:06 AM                                                                                                                   
CHAIR SEEKINS closed public testimony.                                                                                          
SENATOR  GUESS  moved  SCS  CSHB  441(JUD)  from  committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 

Document Name Date/Time Subjects