Legislature(2001 - 2002)
04/09/2002 03:40 PM Senate STA
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* first hearing in first committee of referral
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HCR 26-HOUSE ARREST/ELECTRONIC MONITORING
JESSICA MENENDEZ, staff to Representative Joe Green, explained
the resolution supports increased use of the House Arrest and
Wellness Court Programs as a means of preventing crime and
reducing the high cost of imprisonment in Alaska.
The purpose of the resolution is to urge the Department of
Corrections, the Department of Law and attorneys to work together
to expand the use of this program as a condition of bail and
complementary to a therapeutic court program. Included in
member's packets was background information on the House Arrest
Program.
In 1998, the Legislature established the House Arrest Program
authorizing the Commissioner of Corrections to designate
prisoners who would serve their terms of imprisonment by wearing
a bracelet seven days a week, 24 hours a day to provide
electronic monitoring. The bracelet allows the prisoner to
continue to participate in family, education or work commitments.
Additionally, sobriety can be monitored with a piece of equipment
that recognizes the offenders voice and takes a breath reading to
measure their blood alcohol level. That data is transmitted to a
computer and then dispatched to corrections to alert them as to
whether or not there has been a violation.
The use of both the electronic bracelet and the sobriety
monitoring equipment can be used as an alternative to
incarceration. The cost of the program is about $14.00 per person
per day compared to the statewide average cost of incarceration
of $114.00 per person per day.
Wellness Court is a special court that handles cases involving
municipal alcohol and drug addictive offenders through an
intensive supervision and treatment program. A federal grant from
the Department of Justice has helped fund the wellness court in
Anchorage and in Juneau. This is another cost alternative to
treatment. Individuals in the program commit to a highly
monitored 18-month program where they are required to take
Naltrexone, an anti-craving medication. Each offender will have a
case manager and make frequent visits to the District Court to
speak to the judge about their success in attending required
meetings and treatments. After the program is successfully
completed, they have a reduced or suspended sentence.
The primary goals of wellness court are to reduce recidivism,
reduce substance abuse among the participants and to rehabilitate
the participants. The program offers front-end diversion as
opposed to long-term sentences that aren't really successful in
addressing the underlying problem.
Both programs have been somewhat successful and the resolution
points to increased use of and support for the programs.
rd
JUDGE JAMES WANAMAKER, 3Judicial District Anchorage Judge,
testified via teleconference saying the resolution calls for
expanding the use of the house arrest program and electronic
monitoring as a condition of parole. The Department of
Corrections has been very helpful in getting the program
underway. He then gave a brief description of the pioneer case
that was very successful.
The program is widely used in Anchorage and they look forward to
starting similar programs statewide. He said there is great
benefit to building individuals back up to full citizenship and
at the same time saving the state money because the participants
pay the cost of the program themselves.
CHAIRMAN THERRIAULT announced the committee was probably going to
look favorably on the resolution so testifiers should briefly
state their points of support or areas of concern.
RUDOLPH NEWMAN, successful program participant, testified via
teleconference in support of the program. After numerous arrests
and many years in jail, he completed the program and is pleased
to report that he is now a responsible member of his community.
SENATOR DAVIS told Mr. Newman she observed him on Gavel to Gavel.
She sent him sincere congratulations on his progress and
encouraged him to keep up his good work.
GREG PEASE, Executive Director for Gastineau Human Services since
1987, said the resolution points to the new direction justice is
taking worldwide and recognizes that the use of technology,
pharmacology and coordinated treatment service delivery can
prevent criminal behavior and reduce the high cost of
incarceration. It recognizes the positive affects the therapeutic
court movement has had on the substance-abusing offender and
their families and requests that appropriate state agencies work
together to educate themselves and the public in the use of
current correctional and therapeutic models of behavior
modification and treatment. He agreed with Judge Wanamaker
regarding the support the Department of Corrections has given.
He pointed out that on page 2, line 5 the language refers to new
technology for sobriety monitoring. He clarified that the
technology was not new, but there are new pieces of technology.
As a representative of the American Probation and Parole
Association for Washington, Oregon, Montana and Alaska he
provided committee members with those states' letters of support.
However, he wanted to make it clear that neither electronic
monitoring nor house arrest is a substitute for intensive case
management services. The Department of Corrections and the
Department of Health and Social Services are currently facing
budget cuts that will be devastating to the population he has
worked with for over 25 years because high tech will never
replace high touch.
CHAIRMAN THERRIAULT asked Mr. Pease to clarify that the word
"new" on page 2, line 5 was not problematic.
MR. PEASE replied it wasn't, it is just a note of clarification.
SENATOR HALFORD asked whether there was any interaction with
victim advocate groups regarding the reduction or elimination of
prison terms after the program was successfully completed. He
thought a victim might want to be notified when an offender was
released or had their term reduced.
MR. PEASE replied they currently operate victim impact groups. It
is part of the restorative justice program to include the victim.
JUDGE WANAMAKER agreed and said this is required by the new law.
Victims are notified at sentencing.
CHAIRMAN THERRIAULT asked if part of the notification included
the type of incarceration.
JUDGE WANAMAKER said that is discussed in the process.
SENATOR HALFORD asked whether the victim has the right to object.
JUDGE WANAMAKER said they did.
4:00 p.m.
PAM WATTS, Executive Director of the Advisory Board on Alcoholism
and Drug Abuse, testified in support of the resolution. The
program not only frees prison beds, it allows offenders the
opportunity to function productively to address work, education
and family obligations. This program is an example of how people
can be accountable for their behavior, be responsible for their
obligations as citizens, and receive the needed structure of
sobriety monitoring.
This also offers opportunities for treatment that are necessary
to achieve lasting change in behaviors. The program reduces costs
and increases the likelihood the offenders will not be
recidivists.
They too are extremely concerned about the proposed budget cuts
to the Division of Alcoholism and Drug Abuse because it would
impact the ability of these programs to be effective. Monitoring
alone without the treatment to reduce the craving would fall
short of the anticipated goals of the program.
CANDACE BROWER, legislative liaison for the Department of
Corrections, testified in support of the resolution. She
reiterated that when the Department of Corrections puts someone
on electronic monitoring, they are required to notify victims and
they have the right to object. She then clarified that the $14.00
per day is for the equipment and the offender is required to pay
for that. However, they do have waivers so indigent individuals
aren't excluded from participation.
These programs cannot operate without the personnel to oversee
and supervise offenders, to be able to intervene when a violation
occurs and to respond to the equipment. It's a very good tool for
getting offenders back into the community and functioning
productively.
C
JANET MCABE with Partners for Progress in Anchorage testified
via teleconference in support of the resolution. She said that in
the last two years the use of the house arrest program has
resulted in a cost avoidance of over $2.3 million and there is
great opportunity to expand the program.
There was no further testimony.
CHAIRMAN THERRIAULT said he had no prepared CS. He noted the zero
fiscal note. There were no proposed amendments from committee
members.
He asked for the will of the committee.
SENATOR PHILLIPS made a motion to move HCR 26 and attached fiscal
note from committee with individual recommendations.
There being no objection, HCR 26 moved from committee.
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