Legislature(1997 - 1998)
02/24/1997 09:00 AM Senate HES
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE HEALTH, EDUCATION & SOCIAL SERVICES COMMITTEE
February 24, 1997
9:00 a.m.
MEMBERS PRESENT
Senator Gary Wilken, Chairman
Senator Loren Leman, Vice Chairman
Senator Lyda Green
Senator Jerry Ward
Senator Johnny Ellis
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
SENATE BILL NO. 94
"An Act relating to designating flunitrazepam as a schedule IVA
controlled substance; and providing for an effective date."
- MOVED SB 94 OUT OF COMMITTEE
SENATE BILL NO. 66
"An Act relating to the collection by victims of restitution from
prisoners; relating to the definition of `serious provocation' as
a defense to murder; relating to the definition of `incapacitated'
for sexual offenses; creating the crime of interfering with a
report of a crime involving domestic violence; relating to the
safety of victims, other persons, and the community in setting bail
or conditions of release; relating to mental examinations of
victims in criminal prosecutions; relating to the rights of victims
of crimes under AS 12.61; relating to access to certain records of
the Violent Crimes Compensation Board; relating to medical death
investigations; amending Alaska Rules of Criminal Procedure 5 and
6, Alaska Rules of Evidence 404 and 615, and Alaska Delinquency
Rule 3; and providing for an effective date."
- HEARD AND HELD
SENATE BILL NO. 96
"An Act regulating hospice care."
- HEARD AND HELD
SENATE BILL NO. 71
"An Act relating to the issuance, suspension, limitation,
revocation, and reinstatement of drivers' licenses, permits, or
privileges to drive concerning alcohol-related offenses; relating
to the fees charged for the reinstatement of drivers' licenses, to
alcohol information courses for drivers, and to youth assessment
and referral programs for minor drivers."
- HEARD AND HELD
PREVIOUS SENATE COMMITTEE ACTION
SB 94 - No previous Senate action to record.
SB 66 - See Senate Health, Education & Social Services Committee
minutes dated 2/21/97.
SB 96 - No previous Senate action to record.
SB 71 - No previous Senate action to record.
WITNESS REGISTER
Senator Ellis
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Prime Sponsor of SB 94.
George Taft, Director
Alaska Crime Laboratory
5500 E Tudor Road
Anchorage, Alaska 99507-1221
POSITION STATEMENT: Discussed Rohypnol.
Anne Carpeneti, Assistant Attorney General
Legal Services Section
Criminal Division
Department of Law
PO Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Reviewed SB 94.
Jayne Andreen, Executive Director
Council on Domestic Violence & Sexual Assault
Department of Public Safety
PO Box 111200
Juneau, Alaska 99811-1200
POSITION STATEMENT: Supported SB 66, but noted concerns.
Blair McCune, Deputy Public Defender
Alaska Public Defender Agency
900 W 5th Avenue, Suite 200
Anchorage, Alaska 99501-2090
POSITION STATEMENT: Discussed concerns with SB 66.
Charles Quarre', President
Hospice of the Central Peninsula
HC 1 Box 3336
Sterling, Alaska 99672
POSITION STATEMENT: Recommended that volunteer hospices be
excluded from SB 96.
Benjamin Brown, Staff
Senator Kelly
State Capitol
Juneau, Alaska 99801-1182
POSITION STATEMENT: Reviewed SB 96.
Mike Shiffer, Board Member
Hospice of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Supported SB 96.
Paula McCarron, Executive Director
Hospice of Anchorage
Anchorage, Alaska
POSITION STATEMENT: Discussed the history of hospice care.
Shelbert Larsen, Administrator
Health Facilities Licensing & Certification
4730 Business Park Boulevard, Suite 18
Anchorage, Alaska 99503-7117
POSITION STATEMENT: Did not oppose licensing hospice, but
recommended changes to SB 96.
Margot Knuth, Assistant Attorney General
Department of Law
PO Box 110300
Juneau, Alaska 99811-0300
POSITION STATEMENT: Reviewed SB 71.
Juanita Hensley, Chief
Drivers Services
Division of Motor Vehicles
Department of Public Safety
PO Box 20020
Juneau, Alaska 99811-0020
POSITION STATEMENT: Answered questions.
Students from the Youth Congress: Audrey Caulum, Petersburg; Jeff
Lund, Klawock; Dennis Plantz, Sitka; Jessica Gardner, King Salmon
Chaperons: Rex Carver, Sitka; Denise Weyhmiller, Craig
Loren Jones, Director
Division of Alcoholism & Drug Abuse
Department of Health & Social Services
PO Box 110607
Juneau, Alaska 99811-0607
POSITION STATEMENT: Discussed the need for age appropriate
programs.
Valerie Therrien, Chair
Legislative Committee
Advisory Board on Alcoholism & Drug Abuse
779 Eighth Avenue
Fairbanks, Alaska 99701
POSITION STATEMENT: Discussed the findings of the Youth Congress
and supported SB 71.
Don Dapcevich, Executive Director
Governor's Advisory Board on Alcoholism & Drug Abuse
PO Box 110608
Juneau, Alaska 99801-0608
POSITION STATEMENT: Discussed the need for SB 71.
Cesar DiMatteo, Executive Director
Alaska Council on Prevention of Alcohol & Drug Abuse
3333 Denali
Anchorage, Alaska
POSITION STATEMENT: Supported SB 71.
Rex Carver, Chaperon
Youth Congress
Sitka Teen Resource Center
Sitka, Alaska
POSITION STATEMENT: Discussed the Youth Congress.
ACTION NARRATIVE
TAPE 97-18, SIDE A
SB 94 ROHYPNOL AS SCHEDULE IV-A DRUG
Number 001
CHAIRMAN WILKEN called the Senate Health, Education & Social
Services Committee (HES) to order at 9:00 a.m. and introduced SB 94
as the first order of business before the committee.
SENATOR ELLIS , Prime Sponsor, explained that SB 94 proposes to add
the drug Rohypnol to a Schedule IVA which is the prohibited drug
list. While Rohypnol is an illegal drug under federal law,
Rohypnol is currently legal in Alaska. Rohypnol, 'the date rape
drug', is a growing drug problem across the U.S. When Rohypnol is
placed in a person's alcoholic beverage, the person can be out for
between 8 and 24 hours when a sexual assault can occur. Rohypnol
is also being combined with alcohol for a cheap high. Senator
Ellis reported that the first seizure of Rohypnol in Alaska just
occurred. Many believe, as does Senator Ellis, that Rohypnol is
more serious than Schedule IV, but the state governments are
waiting to see the results of the federal survey regarding this.
There is the option to increase the schedule at a later time.
Schedule IV has a Class C felony, a penalty of one to five years.
Number 081
SENATOR WARD inquired as to the current federal penalties for
Rohypnol. SENATOR ELLIS said that it is a Class C felony under the
federal law, just as is being proposed in SB 94.
In response to Senator Leman, SENATOR ELLIS clarified that Schedule
I is the most serious and Schedule IV is less serious. Senator
Ellis reiterated that there is a study to determine whether the
federal government will move from Schedule IV to the higher
penalties of Schedule I. With SB 94, Alaska would match federal
law with regard to Rohypnol. Senator Ellis could not recall what
drugs were listed on Schedule IIIA.
GEORGE TAFT , Director of the Alaska Crime Laboratory, noted that
the first case in Alaska was about two weeks ago with about 250
tablets of Rohypnol as well as heroine and cocaine. Mr. Taft
informed the committee that one of the uses of Rohypnol was to
extend and heighten the high of heroine. Mr. Taft offered to
answer any questions.
Hearing no questions, CHAIRMAN WILKEN inquired as to the pleasure
of the committee.
SENATOR LEMAN moved to report SB 94 out of committee with
individual recommendations and accompanying fiscal notes. Without
objection, it was so ordered.
SB 66 CRIMES & CRIME VICTIMS
Number 147
CHAIRMAN WILKEN introduced SB 66 as the next order of business
before the committee.
ANNE CARPENETI , Assistant Attorney General, explained that SB 66
amends the bail statutes in Title 12 so as to agree with the
constitutional amendment Article 1 Section 24. SB 66 also amends
the victims rights statute, AS 12.61 in order to mirror language in
the amendment and cross references to that statute, the notice
rights from other titles.
CHAIRMAN WILKEN noted that the committee packet included a detailed
sectional analysis of SB 42.
JAYNE ANDREEN , Executive Director of the Council on Domestic
Violence & Sexual Assault, supported SB 66. SB 66 ensures the
right of the victim to be present at any proceedings pertaining to
the crime. Alaskan's have passed a constitutional amendment
ensuring this as well. Ms. Andreen noted that this issue is also
being reviewed at the federal level. SB 66 expands the domestic
violence bill passed last year by factoring in the safety of
victims of all violent crimes during sentencing and release
procedures. In response to Senator Green, Ms. Andreen clarified
that the safety of the victim would be factored in during any part
of the process from the conditions of bail to release.
Number 228
Ms. Andreen felt that the tightened standards for the court when
ordering a psychological examination of a victim in Section 13 is
very important, particularly in sexual assault and domestic
violence cases. During such cases the credibility and mental
capacity of the victim are often inappropriately questioned by the
defense. Section 17 provides statutory protection to the records
that the Violent Crimes Compensation Board has on the cases being
reviewed. The Violent Crimes Compensation Board by virtue of the
federal guidelines must keep those records confidential, however
the records are often subpoenaed in sexual assault cases. In such
cases, the defense wants access to that information which is
available to the defense through the course of discovery.
Therefore, the Violent Crimes Compensation Board spends much time
filing motions to thwart the subpoenas. Section 17 would bring
Alaska in compliance with the federal guidelines the board must
follow.
Ms. Andreen was concerned with Section 6 regarding serious
provocation in homicide cases because the language could exclude
victims of domestic violence. Section 8 which establishes a crime
with the interference of a report of domestic violence is also of
concern. Ms. Andreen was supportive of this crime being
established, however it should exclude a victim from being charged
with this crime. The victim should be allowed to determine whether
or not the crime of domestic violence is reported. Ms. Andreen
explained that often during a violent episode, the victim attempts
to call 911 for protection and the perpetrator dismantles the phone
to stop the call. Although such action by the perpetrator is not
a crime in his/her own home, the seriousness of the assault is
compounded and mentally and physically increases the risk of the
victim.
SENATOR WARD believed that Section 8 meant that it is illegal to
interfere with the reporting of domestic violence; could that
include the request not to call? JAYNE ANDREEN deferred to the
Department of Law regarding the interpretation of interference. Ms.
Andreen supported Section 8 and noted that there are many subtle
ways in which the perpetrator can interfere with the victim's
ability to gain control. Ms. Andreen foresaw this being a
combination charge with assault in most cases.
SENATOR WARD understood that most judges already consider the
safety of the victim when determining bail. JAYNE ANDREEN said
that anecdotal information from the courts indicate that many
judges do consider the safety of the victim, but Ms. Andreen did
not believe it to be done consistently.
Number 326
BLAIR MCCUNE , Deputy Public Defender, said that he would review the
bill. Section 1, 14, and 22 would change a long-standing
evidentiary rule which ensures that a witness's testimony will not
be impacted by the testimony of other witnesses. Mr. McCune
recognized the constitutional amendment, however the main concern
is to maintain due process and fairness in a trial. The judge
should have the discretion to allow witnesses to testify one at a
time. Mr. McCune pointed out that the case in New Hampshire
acknowledged the courts discretion to exclude witnesses.
The concerns with Section 6 have been mentioned by others. The law
recognizes that when people are under the strain of intense
emotions of fear and anger, the person does not intend to do what
he/she does. Mr. McCune believed that should continue. Mr. McCune
echoed the concerns regarding the definition of interference in
Section 8. AS 11.56.700, resisting and interfering with arrest,
requires force or criminal mischief in order to charge. There
needs to be a clear definition of interference. Section 13 is a
problem because the current law is protective of victims rights,
but in some cases a mental examination of the victim is necessary.
Section 17 is a rare occurrence of a second autopsy in which the
judge should have the discretion to order. Mr. McCune said that
Section 19 may lead to propensity evidence whereby a juror may be
able to find that if a person did something before, he/she did it
on this occasion.
CHAIRMAN WILKEN asked if there was any discussion on the bill.
Hearing none, Chairman Wilken announced that SB 66 would be held
for further consideration. In response to Senator Ellis, Chairman
Wilken did not know when the legislation would be before the
committee again.
SENATOR LEMAN noted that he had worked on the constitutional
amendment and was interested in the implementation of statutes to
make the amendment work. Senator Leman expressed the desire to
continue to work on this.
SB 96 REGULATION OF HOSPICE CARE
Number 424
CHAIRMAN WILKEN announced SB 96 as the next order of business.
CHARLES QUARRE' , President of the Hospice of the Central Peninsula,
informed the committee that the Hospice of the Central Peninsula
had been in operation for 10 years with 90 members and 50
volunteers. The Hospice of the Central Peninsula operates under
the guidelines of the National Hospice Organization. Mr. Quarre'
did not believe it is necessary to include volunteer hospice
programs for licensing. A fee would cause the hospice to pay for
the fee out of the funds used to provide services to its clients.
Mr. Quarre' said that the Central Peninsula Hospice adheres to all
the licensing provisions of volunteer hospice programs. Mr.
Quarre' recommended that volunteer hospice programs be excluded
from SB 96. The Central Peninsula Hospice has not received any
complaints during its 10 years of operation. If there is a problem
with hospices, that could be handled under the current laws and
regulations.
SENATOR WARD asked how long the Central Peninsula Hospice had been
in existence and how much of a clientele does it serve. CHARLES
QUARRE' reiterated that the Central Peninsula Hospice is in its
tenth year and it normally serves approximately 20-22 clients per
year. Most of these clients cannot afford any paid hospice.
SENATOR GREEN inquired as to who requested SB 96.
Number 462
BENJAMIN BROWN , Staff to Senator Kelly, said that this bill was in
response to a request from Hospice of Anchorage. Mr. Brown noted
that the concerns of the small volunteer hospices should be
addressed. Hospice of Anchorage does not intend to make it
difficult to operate a hospice program, particularly volunteer
hospice programs. Mr. Brown informed the committee that 38 states
have state licensing laws for hospice programs, of the 12 that do
not six of those have pending licensing laws. Mr. Brown cited the
growth in hospice as the main reason for SB 96. About one of every
three persons in the U.S. dying from cancer and AIDS use a hospice
program.
Mr. Brown preferred to let those speaking from Hospice of Anchorage
discuss the specifics. The committee packet does include a
sectional analysis. There is only one section in SB 96 which
creates Chapter 18 in Title 18 of Alaska Statutes. The three
articles in Chapter 18 regulate hospices under DHSS. Article 1
establishes parameters for licensing hospice programs that are
formal businesses. Article 2 establishes standards for volunteer
hospice programs. Mr. Brown noted that during drafting,
Legislative Legal Services pointed out that much would hinge on the
use of "relevance" in Article 2. It will be left to DHSS to
determine in regulation what the relevant provisions of the code
for larger, formally organized hospices would be applied to
volunteer hospices. This is the concern mentioned by Mr. Quarre'
which would need to be addressed in order to define "relevant" so
as not to place onerous regulations on the volunteer hospices.
Article 3 merely defines terms in the bill and provides penalties
for violations of the statutes.
SENATOR LEMAN asked if of the 38 states with such legislation, do
any have exclusions for volunteer hospices? BENJAMIN BROWN
specified that SB 96 was drafted from Maine's law which does not
specify what is relevant, the Department of Health is left to
determine the regulations. Mr. Brown stressed that SB 96 does not
intend to create difficulties for small, volunteer organizations.
The intent is to standardize without regulating with too much
burden as well as having the regulation pay for itself.
Number 522
MIKE SHIFFER , Board Member with Hospice of Anchorage, indicated the
need to ensure the quality of hospice care that was being diluted
by the definition of what a hospice program is. Mr. Shiffer
supported SB 96 and did not want to restrict any of the volunteer
hospices efforts. Mr. Shiffer offered to work with the committee
and the volunteer hospices on this issue.
PAULA MCCARRON , Executive Director of Hospice of Anchorage,
informed the committee that she had been working with the program
since 1982. Hospice of Anchorage began as a volunteer program in
1980 and is a member of the National Hospice Organization who
establishes what a hospice program should entail. Ms. McCarron
echoed comments regarding the increased profile and use of hospice
programs. The current change in health care increases the need for
licensing of hospice programs. Originally, hospice began as an
alternative for persons who wished to die at home. Currently,
people are not afforded the opportunity to remain in a hospital.
Furthermore, increased reimbursement for home care services, and a
need for people to remain near their home has sometimes made
hospice the program of choice by patients, family and other health
care providers.
Mr. McCarron expressed concern with the use of the term hospice
without regard for the philosophy of the National Hospice
Organization. SB 96 would preserve and protect the components of
the National Hospice Organization while ensuring that those seeking
such services would receive at least a minimum level of standards
and quality.
Number 563
SHELBERT LARSEN , Administrator of Health Facilities Licensing &
Certification for DHSS, stated that he had heard about SB 96 last
week and therefore, has not had much time to review. Mr. Larsen
did not oppose the idea of licensing hospice programs, but there
are some concerns with SB 96. If the bill moves forward, the
powers of DHSS should be very clear with regard to licensing, the
denial of a license, the suspension of a license, and the
revocation of a license. Mr. Larsen recommended the deletion of
Section 18.18.030. Medicare only requires on site visits for those
facilities at 10-15 percent frequency, therefore many years could
pass before any oversight would take place. Currently, there are
no licensed facilities or provider types that are Medicare
certified that have deemed status for licensure. Mr. Larsen echoed
the concerns regarding the need to define "relevant" in Section
18.18.040.
TAPE 97-18, SIDE B
Mr. Larsen was unsure as to the results of lines 16-18 on page 2.
Currently, licensed facilities have the right to throw out the
department although such action can effect the licensure status.
The meaning of "discrete entity" in subsection (c) under Section
18.18.100 is not clear. Mr. Larsen recommended the deletion of a
"discrete entity." In conclusion, Mr. Larsen noted that he could
recommend many other changes and would forward his suggestions to
the committee.
CHAIRMAN WILKEN noted that SB 96 would be held in order to receive
that information from Mr. Larsen. He asked if the committee had
any questions.
SENATOR WARD requested a copy of the national standards to which
have been referred.
SENATOR GREEN asked if this created a need for occupational
licensing. BENJAMIN BROWN replied no. The end of Article 1 says
that licensure of a facility or a program does not obviate the need
for the individuals part of that program's interdisciplinary team
to have the appropriate occupational licenses. This only creates
program licensure of the hospice.
SENATOR WARD asked if SB 96 would create a situation in which
someone who does not currently have to be licensed would have to
become licensed. BENJAMIN BROWN explained that would depend upon
what provisions in Article 1 were deemed relevant to volunteers.
No one would have to obtain additional licenses if DHSS determines
that a volunteer program can exist without a doctor, a certified
nurse practitioner, or other people with various licenses. There
is nothing explicit in the statute that would require additional
licenses for individuals. Mr. Brown said that the relevant
provisions for volunteer programs and service providers should be
determined. In response to Senator Ward, Mr. Brown said that SB 96
does not require additional licenses, but the resulting regulations
may if the definition of "relevant" is not clarified.
CHAIRMAN WILKEN did not see the need for this legislation and
indicated that discussion regarding the need would be discussed at
the next hearing of SB 96. This legislation would also require a
fiscal note which should be completed before the next hearing of
this bill.
BENJAMIN BROWN noted that during testimony he reviewed Georgia and
California's statutes and found no reference to volunteer programs.
He did not know how other states deal with volunteer programs, but
the intent here is to allow them to function without unnecessary
regulation. Mr. Brown said that would be reviewed.
CHAIRMAN WILKEN announced that SB 96 would be held pending further
information.
SB 71 DRIVERS LICENSES & DRUG & ALCOHOL PROGRAM
CHAIRMAN WILKEN introduced SB 71 as the final order of business
before the committee.
MARGOT KNUTH , Department of Law, said that SB 71 was the Governor's
bill in response to his Conference on Youth & Justice. Ms. Knuth
provided the committee with copies of the abridged version.
Alcohol is one of the most significant problems in Alaska and the
youth with this problem are the group most worthy of attention.
There is a "use it lose it" law in place which takes a minor's
drivers license when convicted of any offense related to alcohol
whether a possession, consuming, or driving offense. Before the
minor can have his/her drivers license back, an alcohol education
program must be completed. Adults in the same situation are
treated differently. An adult must first be screened in order to
determine if an education program would solve the problem or if
treatment is necessary and at what level. Adults also have
compliance and the recommendations are monitored. SB 71 will allow
DHSS to prepare and be responsible for an alcohol information
course and create the Junior Alcohol Safety Action Program (ASAP).
Junior ASAP will first screen the minor in order to determine the
appropriate level of education and treatment. The minor's
compliance will also be monitored. SB 71 intends to create a
meaningful intervention in the lives of these minors. The longer
the alcohol problem is left unaddressed, the more difficult it will
be to have a meaningful turn around.
Ms. Knuth pointed out that SB 71 costs money. SB 71 calls for the
reinstatement fees for the revocation of a drivers license to be
raised from $100 to $250 in order to provide the funding for this
service. Ms. Knuth acknowledged that $250 is quite a bit, but
other sources of revenue could not be identified. Those targeted
to pay for this is the group of offenders who have engaged in
illegal behavior which resulted in the revocation of their license.
SENATOR WARD inquired as to the percentage of the driving test that
is related to the laws regarding alcohol and driving. MARGOT KNUTH
could not provide that information.
Number 453
JUANITA HENSLEY , Chief of Drivers Services, explained that all
drivers license tests are required to have a section regarding drug
and alcohol and driving. There are several questions of the 20 on
the test regarding drunk driving, the penalties and such. Ms.
Hensley did not have the exact percentage. In response to Senator
Ward, Ms. Hensley offered to bring copies of the tests as well as
the drivers manual. The manual contains a chapter regarding
alcohol, the law, etc. The drivers manual is also on the internet.
SENATOR WARD believed that an educational possibility, highlighting
the extreme consequences through the test, had been missed.
Senator Ward commented that conditional licenses could be issued to
minors with drug and alcohol.
JUANITA HENSLEY informed the committee that the Driver Improvement
Section has tried to talk to minors in the schools regarding the
"use it lose it" law and the penalties. Ms. Hensley pointed out
that the Office of Highway Safety Planning developed a brochure
discussing the penalties that is available to minors.
SENATOR WARD stated that it is a privilege to receive a license.
Senator Ward expressed the need to ensure that minors understand
the consequences of driving under the influence of drugs and
alcohol even if extra burdens must be placed on the minor. Senator
Ward said that it would not cost a great deal more. The
educational component may be lacking.
Number 395
CHAIRMAN WILKEN acknowledged the presence of some young people in
the audience. The following students were present: Audrey Caulum,
Jeff Lund, Dennis Plantz, and Jessica Gardner. Chairman Wilken
asked if the youths were aware of the "use it lose it" law and if
so, how had the youth been introduced to this law. The youths had
learned of the law through the school, the local teen center and
talks from the local police.
SENATOR WARD asked the youths if any were introduced to the
consequences of driving under the influence of drugs or alcohol
through the licensing procedures. The youths had read the chapter
in the drivers manual and felt the information was adequate, but
more information could be present.
SENATOR LEMAN asked if the information was effective and would it
change behavior. The youths believed that some would ignore the
information and drive without a license. Senator Leman noted that
a constituent had indicated that the "use it lose it" law may be
too tough; is the law appropriate? The youths believed the law to
be appropriate, but indicated that the law was not being enforced.
SENATOR GREEN discussed a minor constituent in which she thought
she had made arrangements to attend the ASAP, although the letter
of transmittal states that there is no program for minors similar
to the ASAP. JUANITA HENSLEY explained that the minor was referre
through one of the licensed alcohol rehabilitation programs for
screening and evaluation. Based on that information, the minor
would be referred to the appropriate program. Currently there are
no programs designed for minors which has necessitated this bill.
Ms. Hensley informed the committee that she had estimated that
there would be 3,500 revocations a year under the "use it lose it"
law. In 1996, almost 4,000 revocations occurred.
SENATOR GREEN thought a side-by-side comparison regarding what is
currently offered and what would be offered under SB 71 would be
helpful. Senator Green was interested in the program that the
minors in Mat-Su were attending.
Number 314
LOREN JONES , Director of the Division of Alcohol & Drug Abuse for
DHSS, said that in most areas there are adult ASAP programs which
are not age appropriate for those under the age of 18. All the
alcohol information schools are approved through the DMV and the
course includes at least four hours of drivers education as part of
the eight hour course. Mr. Jones noted that most of the adult
programs attempt to address the needs of minors which does not
afford the best opportunity for the minors. In Mat-Su there is age
appropriate intervention and treatment for minors through the
alternative school, the Mat-Su Council, etc. SB 71 would transfer
to the division the approval authority for alcohol information
schools in order to create an age appropriate curriculum and then
fund local efforts to do assessments and initial screening. The
Community Action Against Substance Abuse Program which was passed
six years ago of which Senator Ellis was the sponsor is an
appropriate mechanism to generate local resources and establish
standards, quality, and outcomes for the program.
Mr. Jones informed the committee that the youth present were a
group reviewing the issues surrounding alcohol and youth access.
When Mr. Jones met with the youth, they all knew about the "use it
lose it" law, but had concerns. The youth felt that a minor would
lose his/her license, but no further action or education was taken.
Number 253
VALERIE THE RRIEN , Chair of the Legislative Committee for the
Advisory Board on Alcohol & Drug Abuse, supported SB 71 in the
respect that those minors consuming and other alcohol related
offenses be referred to treatment before the point of revoking the
minor's license. SB 71 is the funding mechanism for JR. ASAP. Ms.
Therrien discussed testimony heard from the participants in the
Youth Congress which indicated the easy access minors have to drugs
and alcohol. The Youth Congress participants cited tobacco as the
biggest problem for some communities. In many communities the
parents cover up for their children. Ms. Therrien noted the
enormous availability of drugs in Fairbanks and said that
elementary children were drinking in the sixth grade. These
elementary children need to be addressed before the point at which
their license is revoked. Ms. Therrien noted that someone at the
Youth Congress said that some minors in Ketchikan are arrested for
minors consuming alcohol every day and are not referred.
The Youth Congress wants the first time a minor is caught to be the
last time. The fines are too lenient. The Youth Congress wants
stricter laws that are enforced. Ms. Therrien suggested placing
more rookies on the beats to enforce the laws. Further the
enforcement of the laws should occur, even at the citizen level.
Ms. Therrien supported SB 71. Prevention is the key.
Number 150
DON DAPCEVICH , Executive Director of the Advisory Board on
Alcoholism & Drug Abuse, informed the committee that of the 4,000
minors consuming incidents last year, 400 assessments and referrals
to treatment were made. Those 400 were predominately in Juneau and
Mat-Su. Mr. Dapcevich, a former program director in Juneau,
recalled the numerous recurrence of minor consuming incidents which
did not result in referral until a later age when the addiction is
worse. Juneau established a JR. ASAP which allowed intervention at
an early age. Mr. Dapcevich encouraged the committee to seriously
consider SB 71 due to its ability to offer major change in the
delivery of drug and alcohol services in Alaska.
CESAR DIMATTEO , Executive Director of the Alaska Council on
Prevention of Alcohol & Drug Abuse, informed the committee that he
was on the Youth & Justice Conference for the Governor, Executive
Committee for Prevention, and the Drug & Alcohol Directors
Association. Mr. DiMatteo supported SB 71. Mr. DiMatteo agreed
with Senator Ward's comments regarding early intervention to avoid
later problems. This discussion is about the different stages of
this problem. First, information is given which Mr. DiMatteo
acknowledged does not necessarily change behavior. SB 71 offers
the next stage of more education. Mr. DiMatteo agreed with Ms.
Therrien that more prevention regarding the consequences is
necessary. Even still, youth fall between through the system.
Under ASAP, the individual's problem is assessed and then referred
to the appropriate intervention or treatment. Then the individual
can have a life and stop the cycle. Currently, an assessment is
done, but there is no follow-up or place to refer the minor.
SENATOR WARD inquired as to the amount of time spent on honoring
sobriety in society during the Youth Congress. CESAR DIMATTEO
noted that SB 71 was one of the over 100 recommendations during the
Youth & Justice Conference. Further, the Prevention Group
attempted to recommend a marketing plan submitting the positive
aspects of youth to newspapers. Mr. DiMatteo stressed the need for
a constituency for the youth recovering. Mr. DiMatteo informed the
committee that he was a recovering person.
TAPE 97-19, SIDE A
SENATOR WARD stressed that this includes everyone from youth to
seniors. Senator Ward said that when a solution is highlighted and
the people are treated with honor, it grows as is the case in
Anchorage in segments of Mountain View. Senator Ward did not know
if such could even be legislated.
VALERIE THERRIEN noted that students were being honored through the
Youth Congress which she felt should be done through every
community.
CESAR DIMATTEO informed the committee that there are prevention and
intervention models such as Risk & Resiliency - Protective Factors
and Asset Building. The Search Institute developed Asset Building
which determined that if a minor has 25-40 assets, that minor has
a minimal ability of participating in drugs and alcohol. Mr.
DiMatteo emphasized that there are options which are not being
used.
VALERIE THERRIEN , a recovering person, noted that many of the
minors present for the Youth Congress are either peer helpers or
natural helpers who are trained to intervene with other minors.
Ms. Therrien reiterated that prevention and education work.
Number 075
CHAIRMAN WILKEN requested that the public defenders fiscal note
needed to be developed further. Chairman Wilken referred to
paragraph nine of the DHSS fiscal note when requesting that DHSS
specify what the $500,000 would accomplish with examples. Further,
the numbers on the fiscal note from the Department of Public Safety
is remarkable. Chairman Wilken directed the committee to paragraph
four of the DHSS fiscal note which says that the numbers of second
and third time offenders is about equal to the numbers of first
time offenders which indicates that something is broken. Chairman
Wilken announced that SB 71 would be held.
REX CARVER , Chaperon of the Youth Congress, introduced the other
chaperon Denise Weyhmiller. Mr. Carver works at the Sitka Teen
Resource Center which provides alcohol information schools. Ms.
Martinson coordinated the Youth Conference where youth will learn
more about drug and alcohol issues and how students can impact
these issues. Mr. Carver, through his work, felt that giving
communities the endorsement for early intervention is crucial and
beneficial. Mr. Carver believed that law enforcement could improve
if avenues were in place to send minors.
CHAIRMAN WILKEN thanked everyone for participating. Chairman
Wilken announced that the foundation formula subcommittee would be
meeting soon. There being no further business before the
committee, the meeting was adjourned at 10:50 a.m.
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