Legislature(2011 - 2012)CAPITOL 106

04/03/2012 03:00 PM House HEALTH & SOCIAL SERVICES


Download Mp3. <- Right click and save file as

Audio Topic
03:10:27 PM Start
03:11:03 PM HB367
04:30:38 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Presentation: North Pole Sulfolane Update by TELECONFERENCED
Rep. Tammie Wilson
*+ HB 367 FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR TELECONFERENCED
Moved CSHB 367(HSS) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
      HOUSE HEALTH AND SOCIAL SERVICES STANDING COMMITTEE                                                                     
                         April 3, 2012                                                                                          
                           3:10 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Wes Keller, Chair                                                                                                
Representative Alan Dick, Vice Chair                                                                                            
Representative Bob Herron                                                                                                       
Representative Paul Seaton                                                                                                      
Representative Beth Kerttula                                                                                                    
Representative Bob Miller                                                                                                       
Representative Charisse Millett                                                                                                 
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 367                                                                                                              
"An Act relating to mitigation at sentencing in a criminal case                                                                 
for a defendant found by the court to have been affected by a                                                                   
fetal alcohol spectrum disorder."                                                                                               
                                                                                                                                
     - MOVED CSHB 367(HSS) OUT OF COMMITTEE                                                                                     
                                                                                                                                
PRESENTATION: NORTH POLE SULFOLANE UPDATE                                                                                       
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 367                                                                                                                  
SHORT TITLE: FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR                                                                          
SPONSOR(s): HEALTH & SOCIAL SERVICES                                                                                            
                                                                                                                                
03/19/12       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/19/12       (H)       HSS, JUD                                                                                               
04/03/12       (H)       HSS AT 3:00 PM CAPITOL 106                                                                             
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
JANET OGAN, Staff                                                                                                               
Representative Wes Keller                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Introduced HB 367 on behalf of the House                                                                 
Health and Social Services Standing Committee, of which                                                                         
Representative Keller was chair.                                                                                                
                                                                                                                                
CHRISTINE MARASIGAN, Staff                                                                                                      
Senator Kevin Meyer                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Answered questions during discussion of HB
367.                                                                                                                            
                                                                                                                                
NANCY MEADE, General Council                                                                                                    
Administrative Staff                                                                                                            
Office of the Administrative Director                                                                                           
Alaska Court System                                                                                                             
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Testified during discussion of HB 367.                                                                   
                                                                                                                                
KATE BURKHART, Executive Director                                                                                               
Advisory Board on Alcoholism & Drug Abuse;                                                                                      
Alaska Mental Health Board                                                                                                      
Division of Behavioral Health                                                                                                   
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified in support of HB 367.                                                                          
                                                                                                                                
DIANE CASTO, Prevention & Early Intervention Manager                                                                            
Prevention & Early Intervention Section                                                                                         
Division of Behavioral Health                                                                                                   
Department of Health and Social Services                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Testified during discussion of HB 367.                                                                   
                                                                                                                                
SUSAN ASTLEY, Ph.D.                                                                                                             
Professor of Pediatrics and Epidemiology                                                                                        
University of Washington;                                                                                                       
Director                                                                                                                        
Washington State Fetal Alcohol Syndrome (FAS) Diagnostic &                                                                      
Prevention Network                                                                                                              
Seattle, Washington                                                                                                             
POSITION STATEMENT:  Testified during discussion of HB 367.                                                                   
                                                                                                                                
DEB EVENSON, Director                                                                                                           
FAS Alaska                                                                                                                      
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  Testified during discussion of HB 367.                                                                   
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
3:10:27 PM                                                                                                                    
                                                                                                                                
CHAIR  WES KELLER  called the  House Health  and Social  Services                                                             
Standing   Committee    meeting   to    order   at    3:10   p.m.                                                               
Representatives Keller, Seaton, Millett,  and Miller were present                                                               
at  the call  to order.   Representatives  Herron, Kerttula,  and                                                               
Dick arrived as the meeting was in progress.                                                                                    
                                                                                                                                
        HB 367-FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR                                                                    
                                                                                                                                
3:11:03 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the only order of  business would be                                                               
HOUSE BILL NO. 367, "An  Act relating to mitigation at sentencing                                                               
in a  criminal case for  a defendant found  by the court  to have                                                               
been affected by a fetal alcohol spectrum disorder."                                                                            
                                                                                                                                
CHAIR  KELLER moved  to adopt  the proposed  committee substitute                                                               
(CS) for  HB 367, Version  27-LS1454\M, Gardner, 3/26/12,  as the                                                               
working document.                                                                                                               
                                                                                                                                
3:11:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON objected for discussion.                                                                                  
                                                                                                                                
3:11:59 PM                                                                                                                    
                                                                                                                                
JANET  OGAN,  Staff,  Representative  Wes  Keller,  Alaska  State                                                               
Legislature,  referring  to  the  sponsor statement  for  HB  367                                                               
[Included in members' packets], read:                                                                                           
                                                                                                                                
     An Act relating to  inclusion of fetal alcohol spectrum                                                                    
     disorders,   and   intellectual   disability   in   the                                                                    
     definition of 'mental disease  or defect'; and relating                                                                    
     to mitigation  at sentencing in  a criminal case  for a                                                                    
     defendant affected by a mental disease or defect.                                                                          
                                                                                                                                
MS. OGAN explained  that proposed HB 367 would  add fetal alcohol                                                               
spectrum  disorder  (FASD) as  the  definition  for a  mitigating                                                               
factor in sentencing.                                                                                                           
                                                                                                                                
3:13:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON withdrew his objection.                                                                                   
                                                                                                                                
[Version M was adopted as the working document.]                                                                                
                                                                                                                                
CHAIR  KELLER  directed attention  to  the  handout titled  "CSSB
151/HB   367  FASD   as  a   Mitigating   Factor  in   Sentencing                                                               
Explanation  of Changes"  [Included  in  members' packets]  which                                                               
listed the differences  between the original bill  and Version M.                                                               
He clarified that  Version M was presented to  more closely align                                                               
with CSSB 151 in the Senate.                                                                                                    
                                                                                                                                
MS.  OGAN  said  that  FASD  was  not  currently  included  as  a                                                               
definition  of mental  disease for  defining mitigating  factors.                                                               
She clarified that "this was not  a get out free pass from jail,"                                                               
that the  intent was  for more  appropriate sentencing  for those                                                               
with  FASD.   She reported  that FAS  treatment was  necessary to                                                               
reduce the level of recidivism.   Referring to an earlier address                                                               
to  the  Alaska  State  Legislature by  Chief  Justice  Carpeneti                                                               
during which he suggested that  justices have more flexibility in                                                               
sentencing,  she  stated  that  proposed  HB  367  provided  this                                                               
flexibility in  sentencing to  those affected  by FASD,  as often                                                               
there  was not  any  cognitive understanding  for their  actions.                                                               
She  detailed that  therapeutic court  for treatment  was another                                                               
option.      She   reported   that    people   with   FASD   were                                                               
disproportionately  represented  in   Alaska's  criminal  justice                                                               
system.                                                                                                                         
                                                                                                                                
3:16:28 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KERTTULA,   referring  to   the   aforementioned                                                               
handout, asked  to clarify whether the  reference, "would prevent                                                               
someone from claiming  more than one mitigator,"  meant that only                                                               
FASD could  be claimed as a  mitigator, and there could  not be a                                                               
claim for two mitigators.                                                                                                       
                                                                                                                                
3:16:53 PM                                                                                                                    
                                                                                                                                
MS. OGAN deferred the response to another witness.                                                                              
                                                                                                                                
REPRESENTATIVE   KERTTULA  offered   her  belief   that  multiple                                                               
mitigators could be claimed during criminal sentencing.                                                                         
                                                                                                                                
3:17:15 PM                                                                                                                    
                                                                                                                                
CHRISTINE  MARASIGAN, Staff,  Senator Kevin  Meyer, Alaska  State                                                               
Legislature, stated that  Senator Meyer was the  prime sponsor of                                                               
the corresponding  companion legislation, CSSB151, Version  U, in                                                               
the Senate.  In response  to Representative Kerttula, she pointed                                                               
to the  language which had been  removed on page 3,  lines 13-14,                                                               
and  stated that  the proposed  legislation was  not intended  to                                                               
create  a mitigating  factor to  be used  in addition  to another                                                               
mitigating factor, and  further reduce the sentence.   She stated                                                               
that the  intent was to  add a  mitigating factor for  those with                                                               
FASD and to target non-violent crimes.                                                                                          
                                                                                                                                
3:18:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA  asked to clarify that  the proposed bill                                                               
did not  intend to allow the  use of the mental  defect mitigator                                                               
along  with  the FASD  mitigator,  but  would still  allow  other                                                               
mitigators.                                                                                                                     
                                                                                                                                
MS. MARASIGAN expressed her agreement.                                                                                          
                                                                                                                                
REPRESENTATIVE  KERTTULA, directing  attention  to the  exemption                                                               
for arson and assault, asked  what level of assault was exempted,                                                               
as assault was included in many charges.                                                                                        
                                                                                                                                
MS. MARASIGAN, in response, said  that the intent of the proposed                                                               
bill  was directed  toward non-violent  offenses, and  she stated                                                               
that it  was very difficult to  parse out the levels  of assault.                                                               
She  said  that there  had  been  extensive discussion  with  the                                                               
Department of Law about this issue.                                                                                             
                                                                                                                                
3:21:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA,  stating that mitigators  applied across                                                               
the board, asked  if any other mitigator exempted  from the crime                                                               
of assault.                                                                                                                     
                                                                                                                                
MS.  MARASIGAN  replied  that there  were  other  mitigators  for                                                               
assault, and  that was the  reason for  it being exempted  in the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
3:22:00 PM                                                                                                                    
                                                                                                                                
MS. MARASIGAN,  in response  to Representative  Seaton, explained                                                               
that the  removal of  lines 13-14, page  3, Version  M, prevented                                                               
the use of more than one mitigator.                                                                                             
                                                                                                                                
3:23:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON asked for further clarification.                                                                          
                                                                                                                                
CHAIR KELLER  offered his belief  that it was possible  to "stack                                                               
mitigators."                                                                                                                    
                                                                                                                                
MS.  MARASIGAN,  clarifying  that  this  was  referenced  in  the                                                               
proposed  committee  substitute,  Version M,  said  that  another                                                               
testifier could describe this in more detail.                                                                                   
                                                                                                                                
3:24:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  cited   that   FASD  often   cognitively                                                               
disassociated  cause and  effect,  and he  asked  how a  sentence                                                               
reduction  would  alleviate  the  behavior and  keep  the  public                                                               
protected.                                                                                                                      
                                                                                                                                
3:26:44 PM                                                                                                                    
                                                                                                                                
MS. MARASIGAN  agreed that this was  a concern and that  one idea                                                               
was to extend  probation instead of incarceration.   She declared                                                               
that a managed plan for  sentencing was more cost effective, good                                                               
for the prevention of recidivism, and good for public safety.                                                                   
                                                                                                                                
3:27:43 PM                                                                                                                    
                                                                                                                                
MS.  MARASIGAN, in  response to  Representative Seaton,  directed                                                               
attention to the chart, "Potential  Savings by Diverting Alaskans                                                               
with Fetal Alcohol Spectrum Disorder  from Incarceration Based on                                                               
2011 Costs."   [Included  in members' packets]   She  stated that                                                               
the  chart  clearly  reflected the  savings  from  probation  and                                                               
parole for  FASD sufferers, instead  of prison.  She  referred to                                                               
the  report, titled  "SB  151/HB 367  - Inclusion  of  FASD as  a                                                               
Mitigating Factor"  by the Alaska FASD  Partnership, [Included in                                                               
members'  packets] which  explained  mitigating factors,  defined                                                               
FASD,  and identified  ways to  diagnose FASD.   She  pointed out                                                               
that  it  also  reported  on the  Smart  Justice  program,  which                                                               
offered managed care as an alternative to incarceration.                                                                        
                                                                                                                                
3:29:31 PM                                                                                                                    
                                                                                                                                
NANCY  MEADE, General  Council, Administrative  Staff, Office  of                                                               
the  Administrative Director,  Alaska Court  System, offered  her                                                               
belief  that   defendants  could  declare  that   more  than  one                                                               
mitigator applied to their circumstances,  although the burden of                                                               
proof for  clear and  convincing evidence  was on  the defendant.                                                               
She  opined that  a judge  would be  knowledgeable enough  to not                                                               
multiply similar mitigators,  such as FASD and  a mental disease.                                                               
She  pointed out  that  mitigators  allowed a  judge  to offer  a                                                               
lesser sentence, up to 50 percent of the presumptive range.                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  asked  where  this  was  written  in  the                                                               
proposed bill.                                                                                                                  
                                                                                                                                
3:31:57 PM                                                                                                                    
                                                                                                                                
MS.  MEADE expressed  her  agreement that,  although  it was  not                                                               
written  in   the  proposed  bill,   the  judge   could  exercise                                                               
experience  and  discretion  for  how  much  to  mitigate.    She                                                               
declared that,  although the  proposed bill  did not  address the                                                               
issue  for double  mitigation, most  defendants would  attempt to                                                               
use any mitigators which fit their situation.                                                                                   
                                                                                                                                
3:32:41 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  offered his  belief  that,  although the  original                                                               
proposed  bill, Version  A,  had prevented  the  use of  multiple                                                               
mitigators,  the current  working draft,  Version M,  had removed                                                               
this prohibition.                                                                                                               
                                                                                                                                
REPRESENTATIVE SEATON offered his belief  that, in Version A, the                                                               
first  exception  was  for  arson  or  assault,  and  the  second                                                               
exception was for FASD.                                                                                                         
                                                                                                                                
CHAIR KELLER, directing attention to  Version M, page 3, lines 20                                                               
-  21, stated  that arson  and crimes  against a  person did  not                                                               
apply.                                                                                                                          
                                                                                                                                
3:34:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KERTTULA offered her  belief that the language was                                                               
the same  in both  versions and  that Version  M still  allowed a                                                               
defendant to claim  both mitigators, but that  the explanation of                                                               
the  proposed bill  had stated  that FASD  and mental  defect, as                                                               
mitigators, could not both be  claimed.  She declared that judges                                                               
only had a certain amount of latitude for sentencing.                                                                           
                                                                                                                                
3:35:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked to  clarify that the  proposed bill,                                                               
Version M, allowed for more than one mitigator to be claimed.                                                                   
                                                                                                                                
3:35:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE    MILLETT,    directing    attention    to    the                                                               
aforementioned "Explanation of  Changes," suggested that deleting                                                               
"This  would   prevent  someone  from  claiming   more  than  one                                                               
mitigator" would clarify the confusion.                                                                                         
                                                                                                                                
3:36:15 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  asked for  a description  as to  how a  judge would                                                               
determine a sentence in lieu of prison.                                                                                         
                                                                                                                                
MS. MEADE offered  her belief that the proposed  bill allowed the                                                               
judge  to  lower  the  presumptive range  for  sentencing  by  50                                                               
percent,  when  a  mitigator  was  found,  although  it  did  not                                                               
necessarily mean  that a judge  would sentence in lieu  of prison                                                               
time.   She declared  that the  proposed bill  put the  burden on                                                               
defendants  to  prove that  a  mitigator  applied, and  that  the                                                               
determination  would be  made  at the  sentencing  hearing.   She                                                               
declared that  the proposed bill  did not require  an alternative                                                               
sentence.                                                                                                                       
                                                                                                                                
3:38:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  asked if, as  there was not  a requirement                                                               
for an  alternative sentence, those groups  offering alternatives                                                               
were  "off on  their own  because there  was no  requirement that                                                               
they cooperate or go through a  half-way house or go through with                                                               
other kinds of services."                                                                                                       
                                                                                                                                
3:39:26 PM                                                                                                                    
                                                                                                                                
MS. MEADE  said that  treatment options  were available,  even if                                                               
prison  time was  included in  the sentencing.   She  stated that                                                               
there were  other treatment services available  during probation,                                                               
as  well, and  that judges  could  order that  these services  be                                                               
used.                                                                                                                           
                                                                                                                                
3:40:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT asked  if the  proposed bill  would be  a                                                               
helpful tool for  judges to lessen the sentences  for people with                                                               
mitigators.                                                                                                                     
                                                                                                                                
MS. MEADE  replied that  all of the  mitigators, if  proven, gave                                                               
more   discretion  to   a  judge   for  sentencing   outside  the                                                               
presumptive ranges.                                                                                                             
                                                                                                                                
REPRESENTATIVE  MILLETT  asked if  there  had  been any  previous                                                               
problem  for the  use of  mental defect,  instead of  FASD, as  a                                                               
mitigator.                                                                                                                      
                                                                                                                                
MS. MEADE, in response, said  that a mitigating factor for mental                                                               
disease  or defect  already existed.    She stated  that, as  all                                                               
people did  not agree that FASD  was a mental disease  or defect,                                                               
the  proposed  bill  would  ensure  consistency  for  FASD  as  a                                                               
mitigator.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  MILLETT   posed  that   the  proposed   bill  was                                                               
necessary to clarify  that FASD was a mitigator to  be taken into                                                               
consideration during sentencing.                                                                                                
                                                                                                                                
MS. MEADE expressed her agreement,  and clarified that any crimes                                                               
against the person,  or arson, would be exceptions to  the use of                                                               
FASD as a mitigator.                                                                                                            
                                                                                                                                
3:44:07 PM                                                                                                                    
                                                                                                                                
KATE BURKHART,  Executive Director, Advisory Board  on Alcoholism                                                               
& Drug Abuse, Alaska Mental  Health Board, Division of Behavioral                                                               
Health,  Department of  Health and  Social Services,  stated that                                                               
she was  only speaking on  behalf of the  two boards.   She noted                                                               
that both boards  were members of the Alaska  FASD partnership, a                                                               
volunteer coalition  of advocates,  and that the  partnership had                                                               
worked  closely with  the  sponsor  of the  proposed  bill.   She                                                               
declared her support for proposed HB  367, and stated that it had                                                               
been a  long, thoughtful, collaborative process  with the Senate,                                                               
the House, the  community serving individuals with  FASD, and the                                                               
court system.   She declared strong support for the  need of FASD                                                               
as a  mitigator, as there  was a  disproportionate representation                                                               
of individuals  with FASD  within the  correctional system.   She                                                               
detailed that these individuals did  not receive the diagnosis or                                                               
the necessary services to successfully  function in society.  She                                                               
declared,  that  by allowing  judges  the  flexibility to  reduce                                                               
incarceration,  extend probation,  and make  receipt of  services                                                               
part  of  probation, it  would  offer  individuals with  FASD  an                                                               
opportunity to  successfully participate in the  community, while                                                               
balancing the concerns  for public safety.  She  pointed out that                                                               
this would  save costs,  and would achieve  a better  outcome for                                                               
both the  individual and the community.   She noted that  a judge                                                               
could  include  treatment  as  a  contingency  for  probation  or                                                               
parole,  and  that  an  FASD mitigator  could  allow  for  longer                                                               
probation,  electronic  monitoring,   residential  services,  and                                                               
intensive case management.   She declared that  the proposed bill                                                               
would balance  the concerns for  public safety with  the concerns                                                               
of  disability  advocates.   She  declared  that this  was  smart                                                               
justice,  as it  saved  money and  achieved  better outcomes  for                                                               
communities and people with disabilities.                                                                                       
                                                                                                                                
3:47:42 PM                                                                                                                    
                                                                                                                                
CHAIR  KELLER  asked  about the  indeterminate  fiscal  note  for                                                               
approval of  the FASD diagnosis.   He  questioned if there  was a                                                               
higher  cost for  those individuals  on  the margin  of the  FASD                                                               
spectrum.                                                                                                                       
                                                                                                                                
3:48:30 PM                                                                                                                    
                                                                                                                                
MS.  BURKHART, in  response  to Chair  Keller,  replied that  the                                                               
discussion for those  qualified to diagnose FASD  had been "taken                                                               
up at length  in the other body."  She  reported that, although a                                                               
doctor could diagnose  anyone with a medical  condition, the most                                                               
qualified,  experienced   people  in   Alaska  were   members  of                                                               
diagnostic  teams which  included,  but were  not  limited to,  a                                                               
medical practitioner.  She noted  that eight communities had DHSS                                                               
credentialed   diagnostic  teams,   all  of   which  followed   a                                                               
University of Washington model for  diagnosing individuals.  This                                                               
model included  a medical practitioner,  a speech  pathologist, a                                                               
physical and/or  occupational therapist, and  a neuropsychologist                                                               
and used an  official diagnostic code.  She reported  that it was                                                               
a long process  for diagnosis.  She declared that  diagnosis by a                                                               
single physician would result in a lower quality diagnosis.                                                                     
                                                                                                                                
CHAIR  KELLER asked  about the  cost  of the  diagnosis by  these                                                               
teams.  He asked how many diagnoses were performed annually.                                                                    
                                                                                                                                
MS. BURKHART, in  response, said that she did not  know the cost,                                                               
and  that some  teams  met  more often,  which  allowed for  more                                                               
diagnoses.                                                                                                                      
                                                                                                                                
3:52:44 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  asked if  the courtroom judge  had access  to these                                                               
teams during the decision making at sentencing.                                                                                 
                                                                                                                                
MS.  BURKHART  replied  that  it   would  be  possible  in  those                                                               
communities  with active  teams, which  included Juneau,  Bethel,                                                               
Fairbanks, Anchorage, and Sitka.   She shared that there had been                                                               
discussion for the formation of a traveling team.                                                                               
                                                                                                                                
CHAIR KELLER asked what percentage  of the corrections population                                                               
was FASD.                                                                                                                       
                                                                                                                                
MS.  BURKHART   replied  that   the  Department   of  Corrections                                                               
anecdotal  information  was  to   a  high  percentage,  above  75                                                               
percent, but that  she could not validate it.   She said that the                                                               
Alaska  Mental  Health  Trust Authority  had  estimated  that  42                                                               
percent  of the  corrections population  experienced a  cognitive                                                               
disability, including  FASD.  She  said that this  was consistent                                                               
with the  national statistics that  there was  a disproportionate                                                               
representation  in the  correctional system  by individuals  with                                                               
cognitive disability.                                                                                                           
                                                                                                                                
3:55:12 PM                                                                                                                    
                                                                                                                                
MS. BURKHART, in  response to Chair Keller, said  that Canada was                                                               
far ahead in addressing this issue.                                                                                             
                                                                                                                                
3:56:13 PM                                                                                                                    
                                                                                                                                
DIANE CASTO, Prevention &  Early Intervention Manager, Prevention                                                               
&  Early Intervention  Section,  Division  of Behavioral  Health,                                                               
Department of  Health and Social  Services, in response  to Chair                                                               
Keller, said that the cost  for diagnosis was indeterminate.  She                                                               
explained that  teams were certified  with a  provider agreement,                                                               
which was  similar to a  grant for  an individual or  agency, and                                                               
designated as  a qualified provider  of a specific service.   She                                                               
said that  qualified teams had to  include psychological testing,                                                               
speech  and language  testing, motor  skills  testing, a  medical                                                               
doctor, and  a parent  navigator to  work with  the family.   She                                                               
stated that  training and certifications  were required,  as well                                                               
as  training  in the  University  of  Washington diagnostic  code                                                               
process  mentioned  earlier.    She  explained  that  the  fiscal                                                               
arrangement was for  $3000 per diagnosis, paid  at the completion                                                               
of the diagnosis  and the submission of the data.   She said that                                                               
the provider agreement  amount was based on  evaluation data from                                                               
an earlier fund  for FASD diagnosis, which had  ranged from $3000                                                               
to $5000  per diagnosis.  She  noted that the larger  metro areas                                                               
had  lower costs,  as the  cost at  University of  Washington was                                                               
$1200 to  $1500.   She reported that  this evaluation  report had                                                               
also  ascertained an  estimate  for the  billing  of services  to                                                               
Medicaid to  be $1200 to  $1500.   She clarified that  DHSS would                                                               
pay  up to  $3000,  with  any additional  cost  to  be billed  to                                                               
Medicaid  by  the  diagnostic  team.     She  reported  that  two                                                               
communities, Dillingham  and Kodiak, had recently  approached her                                                               
about  renewing their  diagnostic teams.   She  shared that  each                                                               
community would  set up the  diagnostic team process  that worked                                                               
best for the community.                                                                                                         
                                                                                                                                
4:02:58 PM                                                                                                                    
                                                                                                                                
MS.  CASTO  noted that  the  diagnostic  capacity for  each  team                                                               
varied.   She reported that  there had been 1,683  diagnoses from                                                               
2000 to  2011, an  average of  153 diagnoses  per year,  with 179                                                               
diagnoses  in  the  prior  year.   She  said  that  $518,000  was                                                               
designated for about 160 diagnoses per year.                                                                                    
                                                                                                                                
4:05:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  asked if  there would  be an  increase to                                                               
caseloads if the proposed bill was passed.                                                                                      
                                                                                                                                
MS. CASTO replied that  it was hard to know, as  it was not known                                                               
how many afflicted  people were in the correctional  system.  She                                                               
declared  that the  majority of  diagnoses had  been for  younger                                                               
children, as some teams had  determined that the critical age was                                                               
for youth  12 years or  younger, although some teams  did provide                                                               
diagnostic  services for  adults.   She reported  that the  final                                                               
cost element to review would be  for the development of teams, as                                                               
there  was not  any  seed  money to  build  more  capacity.   She                                                               
surmised that, as  there was a good foundation  of teams, greater                                                               
capacity could be built over time.                                                                                              
                                                                                                                                
4:10:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT asked  about  a diagnosis  of the  prison                                                               
population, in  order to offer  treatments which would  lower the                                                               
recidivism rates.                                                                                                               
                                                                                                                                
MS. CASTO,  in response to  Chair Keller, said that  the majority                                                               
of  team  members  worked  for  agencies  which  volunteered  the                                                               
member's time to the team.                                                                                                      
                                                                                                                                
4:12:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER  asked  at  what  age  could  there  be  a                                                               
definitive diagnosis for FASD.                                                                                                  
                                                                                                                                
MS. CASTO  clarified that FASD  was an  umbrella term, and  not a                                                               
diagnosis.   She declared that  some children could  be diagnosed                                                               
at  birth,  given  the surrounding  conditions  prior  to  birth.                                                               
However,  the majority  of children  were  diagnosed after  three                                                               
years of  age, as it  was necessary to  have a certain  amount of                                                               
interaction.   She said  that the average  age for  diagnosis was                                                               
between  seven and  twelve years  of age,  and that  the majority                                                               
were not even recognized to have  a need for diagnosis until they                                                               
started school and  their behavior showed an  inability to manage                                                               
things.                                                                                                                         
                                                                                                                                
4:14:25 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER asked  if there  was any  treatment, at  a                                                               
young age, to mitigate the behavior.                                                                                            
                                                                                                                                
MS.  CASTO  replied  that early  diagnosis  could  accommodate  a                                                               
system  for success,  although the  "disability  related to  pre-                                                               
natal exposure to alcohol is a permanent lifelong disability."                                                                  
                                                                                                                                
4:15:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLER,  offering  an  example  of  a  young  son                                                               
diagnosed with FASD, asked if  there were any identification card                                                               
for diagnosis.                                                                                                                  
                                                                                                                                
MS. CASTO replied that  it was a good idea to keep  a copy of the                                                               
diagnosis, as this  fully explained the range  of the disability,                                                               
and the strengths and challenges  for the individual.  She stated                                                               
that most  parents would  keep this file  to share  with schools,                                                               
camps,  individual  education  planners,  and  activities.    She                                                               
declared  that one  challenge faced  by parents  was the  need to                                                               
educate the providers about the disability.                                                                                     
                                                                                                                                
4:18:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLER, offering  an example of a  son involved in                                                               
criminal behavior  who appeared  in front of  a judge,  asked how                                                               
well disposed  was the  legal system  to accept  that this  was a                                                               
legitimate mitigating factor.                                                                                                   
                                                                                                                                
MS.  CASTO opined  that the  DHSS trainings  with judges,  public                                                               
defenders,  and attorney  generals had  educated the  majority of                                                               
the  legal community  to better  understand  the disability,  and                                                               
that, as a result, the Alaska  legal system was very receptive to                                                               
FASD  issues.   She declared  a  challenge to  be that  it was  a                                                               
hidden  disability;  although a  person  could  look normal,  the                                                               
damage was in the brain.                                                                                                        
                                                                                                                                
4:21:11 PM                                                                                                                    
                                                                                                                                
SUSAN ASTLEY,  Ph.D., Professor  of Pediatrics  and Epidemiology,                                                               
University  of  Washington;   Director,  Washington  State  Fetal                                                               
Alcohol Syndrome  (FAS) Diagnostic  & Prevention  Network, stated                                                               
that  she  was a  founder  of  the  FAS Diagnostic  &  Prevention                                                               
Network  in 1992,  as well  as the  author of  the aforementioned                                                               
FASD 4 digit  diagnostic code.  She reported that  Alaska was the                                                               
first  state  to  adopt the  Washington  State  interdisciplinary                                                               
model  of   FASD  diagnosis.     She  reported   that  diagnostic                                                               
evaluation was very cost effective  and the least expensive means                                                               
for FAS  diagnosis, as the diagnostic  teams followed guidelines.                                                               
She declared that,  as a clinical researcher,  she had discovered                                                               
that  a stable,  supportive environment  for the  individual, not                                                               
incarceration, was  the most protective factor  for mitigation of                                                               
the  disability.   She  stated that  a  stable environment  could                                                               
diminish  the disability,  while  incarceration would  exacerbate                                                               
it.    She   declared  this  to  be  one   reason  for  increased                                                               
recidivism,  noting that  Canadian research  also supported  that                                                               
intervention had resulted in a reduction in recidivism.                                                                         
                                                                                                                                
4:25:33 PM                                                                                                                    
                                                                                                                                
DEB EVENSON,  Director, FAS  Alaska, reported  that she  had been                                                               
working  on fetal  alcohol issues  in  Alaska and  Canada for  25                                                               
years.    She stated  that  her  recent  FAS  work in  the  Yukon                                                               
Territory recognized  that the use  of mitigating factors  by the                                                               
courts and  structured support systems  for a  stable environment                                                               
decreased   the  recidivism   rate.     She   opined  that   this                                                               
understanding would have "some really good outcomes."                                                                           
                                                                                                                                
4:27:45 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER closed public testimony.                                                                                           
                                                                                                                                
4:27:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   SEATON  stated   that  mitigation   factors  and                                                               
shortened  sentences,  combined   with  effective  FAS  services,                                                               
reflected an  expectation that  the judicial  system work  to use                                                               
these  FAS  services  in  order   to  improve  lives  and  reduce                                                               
recidivism.                                                                                                                     
                                                                                                                                
4:29:01 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER  declared his presumption  that those who  care will                                                               
continue to work with the court system to look for options.                                                                     
                                                                                                                                
4:29:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DICK  moved  to  report  CSHB  367,  Version  27-                                                               
LS1454\M,  Gardner, 3/26/12,  out  of  committee with  individual                                                               
recommendations and the  accompanying indeterminate fiscal notes.                                                               
There being no objection, CSHB 367 (HSS) was reported from the                                                                  
House Health and Social Services Standing Committee.                                                                            
                                                                                                                                
4:30:38 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Health and Social Services Standing Committee meeting was                                                                       
adjourned at 4:30 p.m.                                                                                                          

Document Name Date/Time Subjects
HB367-CS- ver-M.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367 Support Document-Paper Inclusion of FASD as a Mitigating Factor-3-30-2012.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367 Support Document-Letter-Alaska FASD Partnership 3-30-2012.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367 Support Document-Letter abada & amhb 3-28-12.pdf HHSS 4/3/2012 3:00:00 PM
SSTA 4/11/2012 9:00:00 AM
SSTA 4/12/2012 9:00:00 AM
HB 3
HB 367
HB367 Support Document- Disablility Law Center 3-29-2012.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367A.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367 Sponsor Statement- House HSS 2.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
Presentation.pdf HHSS 4/3/2012 3:00:00 PM
North Pole Sulfolane Update
HB367 Fiscal Note-DOA-OPA-3-30-12.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367 Fiscal Note-DOA-PDA-3-30-12.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367 Fiscal Note-LAW-CRIM-03-30-12.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367- Support Document-CHART for Corrections-Case Management-3 30 12.doc HHSS 4/3/2012 3:00:00 PM
HB 367
HB367-Support Document- CHART for Corrections-Case Management-3 30 12.xls HHSS 4/3/2012 3:00:00 PM
HB 367
HB367-Support Document-Savings- CHART for Corrections-Case Management-3 30 12.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
HB367 Fiscal Note-DOC-OC-04-02-12.pdf HHSS 4/3/2012 3:00:00 PM
HB 367
Sulfolane Presentation 4 3 12.pdf HHSS 4/3/2012 3:00:00 PM
Sulfolane Update April 2011.pdf HHSS 4/3/2012 3:00:00 PM
Sulfolane Update January 2012.pdf HHSS 4/3/2012 3:00:00 PM
Sulfolane Update October 2011.pdf HHSS 4/3/2012 3:00:00 PM
HSS Hearing 4-3-12 Filter Pics.pdf HHSS 4/3/2012 3:00:00 PM