Legislature(2005 - 2006)BUTROVICH 205

04/12/2006 08:30 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Moved SCS CSHB 318(JUD) Out of Committee
Moved CSSB 134(JUD) Out of Committee
Moved SCS CSHB 441(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                         April 12, 2006                                                                                         
                           8:37 a.m.                                                                                            
MEMBERS PRESENT                                                                                                               
Senator Ralph Seekins, Chair                                                                                                    
Senator Charlie Huggins, Vice Chair                                                                                             
Senator Gene Therriault                                                                                                         
Senator Hollis French                                                                                                           
Senator Gretchen Guess                                                                                                          
MEMBERS ABSENT                                                                                                                
All members present                                                                                                             
COMMITTEE CALENDAR                                                                                                            
CS FOR HOUSE BILL NO. 318(FIN) am                                                                                               
"An Act limiting the exercise of eminent domain."                                                                               
     MOVED SCS CSHB 318(JUD) OUT OF COMMITTEE                                                                                   
SENATE BILL NO. 134                                                                                                             
"An Act relating to arrest; relating to investigation standards                                                                 
for police officers conducting criminal investigations and                                                                      
violations of those standards."                                                                                                 
     MOVED CSSB 134(JUD) OUT OF COMMITTEE                                                                                       
CS FOR HOUSE BILL NO. 441(FIN)                                                                                                  
"An  Act  relating  to  operating or  driving  a  motor  vehicle,                                                               
aircraft, or  watercraft while under  the influence;  relating to                                                               
court-ordered  treatment  programs   for  certain  offenders  and                                                               
offenses; amending  Rule 35, Alaska Rules  of Criminal Procedure;                                                               
and providing for an effective date."                                                                                           
     MOVED SCS CSHB 441(JUD) OUT OF COMMITTEE                                                                                   
PREVIOUS COMMITTEE ACTION                                                                                                     
BILL: HB 318                                                                                                                  
SHORT TITLE: LIMITATION ON EMINENT DOMAIN                                                                                       
SPONSOR(s): REPRESENTATIVE(s) MCGUIRE, HOLM, HAWKER                                                                             
01/09/06       (H)       PREFILE RELEASED 12/30/05                                                                              
01/09/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/09/06       (H)       JUD, FIN                                                                                               
01/11/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/11/06       (H)       Heard & Held                                                                                           
01/11/06       (H)       MINUTE(JUD)                                                                                            
01/25/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
01/25/06       (H)       Heard & Held                                                                                           
01/25/06       (H)       MINUTE(JUD)                                                                                            
02/01/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/01/06       (H)       -- Meeting Canceled --                                                                                 
02/03/06       (H)       JUD AT 1:00 PM CAPITOL 120                                                                             
02/03/06       (H)       Moved CSHB 318(JUD) Out of Committee                                                                   
02/03/06       (H)       MINUTE(JUD)                                                                                            
02/06/06       (H)       JUD RPT CS(JUD) NT 3DP 1NR 2AM                                                                         
02/06/06       (H)       DP: WILSON, ANDERSON, MCGUIRE;                                                                         
02/06/06       (H)       NR: GRUENBERG;                                                                                         
02/06/06       (H)       AM: GARA, KOTT                                                                                         
02/09/06       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
02/09/06       (H)       Moved CSHB 318(FIN) Out of Committee                                                                   
02/09/06       (H)       MINUTE(FIN)                                                                                            
02/10/06       (H)       FIN RPT CS(FIN) NT 2DP 3NR 3AM                                                                         
02/10/06       (H)       DP: HAWKER, MEYER;                                                                                     
02/10/06       (H)       NR: KERTTULA, JOULE, WEYHRAUCH;                                                                        
02/10/06       (H)       AM: STOLTZE, HOLM, FOSTER                                                                              
02/21/06       (H)       TRANSMITTED TO (S)                                                                                     
02/21/06       (H)       VERSION: CSHB 318(FIN) AM                                                                              
02/22/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/22/06       (S)       JUD, FIN                                                                                               
03/02/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/02/06       (S)       Heard & Held                                                                                           
03/02/06       (S)       MINUTE(JUD)                                                                                            
03/09/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/09/06       (S)       Heard & Held                                                                                           
03/09/06       (S)       MINUTE(JUD)                                                                                            
03/21/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/21/06       (S)       Scheduled But Not Heard                                                                                
03/22/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/22/06       (S)       Heard & Held                                                                                           
03/22/06       (S)       MINUTE(JUD)                                                                                            
03/28/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/28/06       (S)       Heard & Held                                                                                           
03/28/06       (S)       MINUTE(JUD)                                                                                            
03/30/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
03/30/06       (S)       -- Meeting Canceled --                                                                                 
04/04/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/04/06       (S)       Heard & Held                                                                                           
04/04/06       (S)       MINUTE(JUD)                                                                                            
04/06/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/06/06       (S)       Heard & Held                                                                                           
04/06/06       (S)       MINUTE(JUD)                                                                                            
04/12/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
BILL: SB 134                                                                                                                  
SHORT TITLE: POLICE INVESTIGATION STANDARDS/ARRESTS                                                                             
SPONSOR(s): SENATOR(s) BUNDE                                                                                                    
03/08/05       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/08/05       (S)       STA, JUD                                                                                               
03/17/05       (S)       STA AT 3:30 PM BUTROVICH 205                                                                           
03/17/05       (S)       Heard & Held                                                                                           
03/17/05       (S)       MINUTE(STA)                                                                                            
04/05/05       (S)       STA AT 3:30 PM BELTZ 211                                                                               
04/05/05       (S)       Moved CSSB 134(STA) Out of Committee                                                                   
04/05/05       (S)       MINUTE(STA)                                                                                            
04/06/05       (S)       STA RPT CS 1DP 4NR NEW TITLE                                                                           
04/06/05       (S)       NR: THERRIAULT, ELTON, HUGGINS, DAVIS                                                                  
04/06/05       (S)       DP: WAGONER                                                                                            
04/06/05       (S)       FIN REFERRAL ADDED AFTER JUD                                                                           
04/18/05       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
04/18/05       (S)       Scheduled But Not Heard                                                                                
04/12/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
BILL: HB 441                                                                                                                  
SHORT TITLE: THERAPEUTIC COURT FOR DUI                                                                                          
SPONSOR(s): REPRESENTATIVE(s) ROKEBERG                                                                                          
02/10/06       (H)       READ THE FIRST TIME - REFERRALS                                                                        
02/10/06       (H)       JUD, FIN                                                                                               
02/24/06       (H)       JUD AT 2:00 PM CAPITOL 120                                                                             
02/24/06       (H)       Moved Out of Committee                                                                                 
02/24/06       (H)       MINUTE(JUD)                                                                                            
02/27/06       (H)       JUD RPT 3DP 2NR                                                                                        
02/27/06       (H)       DP: ANDERSON, GRUENBERG, MCGUIRE;                                                                      
02/27/06       (H)       NR: COGHILL, GARA                                                                                      
03/16/06       (H)       FIN AT 1:30 PM HOUSE FINANCE 519                                                                       
03/16/06       (H)       Moved CSHB 441(FIN) Out of Committee                                                                   
03/16/06       (H)       MINUTE(FIN)                                                                                            
03/17/06       (H)       FIN RPT CS(FIN) NT 9DP 1NR                                                                             
03/17/06       (H)       DP: FOSTER, KELLY, HOLM, MOSES, HAWKER,                                                                
                         JOULE, KERTTULA, MEYER, CHENAULT;                                                                      
03/17/06       (H)       NR: STOLTZE                                                                                            
03/30/06       (H)       TRANSMITTED TO (S)                                                                                     
03/30/06       (H)       VERSION: CSHB 441(FIN)                                                                                 
03/31/06       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/06       (S)       JUD, FIN                                                                                               
04/12/06       (S)       JUD AT 8:30 AM BUTROVICH 205                                                                           
WITNESS REGISTER                                                                                                              
Craig Johnson, Legislative Aide                                                                                                 
Staff to Representative Lesil McGuire                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Introduced HB 318                                                                                        
Dave Feekin, Realtor                                                                                                            
Kenai, Alaska                                                                                                                   
POSITION STATEMENT:  Testified in opposition to HB 318                                                                        
Senator Con Bunde                                                                                                               
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Sponsor of SB 134                                                                                        
Dean Guaneli, Chief Assistant Attorney General                                                                                  
Criminal Division                                                                                                               
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Commented on SB 134                                                                                      
Mary Anne Henry, Director                                                                                                       
Office of Victim's Rights                                                                                                       
1007 West 3 Ave STE 205                                                                                                         
Anchorage, AK  99501                                                                                                            
POSITION STATEMENT:  Commented on SB 134                                                                                      
Walter Monegan, Chief of Police                                                                                                 
Anchorage Police Department                                                                                                     
Anchorage, AK  99501                                                                                                            
POSITION STATEMENT:  Testified in support of SB 134                                                                           
Representative Norman Rokeberg                                                                                                  
Alaska State Capitol                                                                                                            
Juneau, AK 99801-1182                                                                                                           
POSITION STATEMENT:  Sponsor of HB 441                                                                                        
Susan Parkes, Deputy Attorney General                                                                                           
Department of Law                                                                                                               
PO Box 110300                                                                                                                   
Juneau, AK  99811-0300                                                                                                          
POSITION STATEMENT:  Answered questions regarding HB 441                                                                      
Doug Wooliver, Administrative Attorney                                                                                          
Alaska Court System                                                                                                             
Juneau, AK 99801                                                                                                                
POSITION STATEMENT:  Answered questions regarding HB 441                                                                      
ACTION NARRATIVE                                                                                                              
CHAIR  RALPH   SEEKINS  called  the  Senate   Judiciary  Standing                                                             
Committee meeting to  order at 8:37:09 AM.  Present were Senators                                                             
Hollis French, Charlie Huggins, and Chair Ralph Seekins.                                                                        
              HB 318-LIMITATION ON EMINENT DOMAIN                                                                           
8:38:14 AM                                                                                                                    
CHAIR  RALPH SEEKINS  announced CSHB  318(FIN)  AM to  be up  for                                                               
consideration.  The last  bill hearing  saw extensive  amendments                                                               
and so  the drafters  submitted a  committee substitute  (CS) for                                                               
the committee's consideration.                                                                                                  
CRAIG JOHNSON, Staff to  Representative Lesil McGuire, introduced                                                               
the CS.  The staff and Peter  Putzier from the Department  of Law                                                               
have reviewed the CS and  feel that it appropriately reflects the                                                               
intended changes. He  advised that there need be  one more change                                                               
and  that was  on  page 4,  line 27  where  the committee  should                                                               
remove the words "prior owner."                                                                                                 
SENATOR CHARLIE HUGGINS  moved to adopt version C  as the working                                                               
document before the committee. Hearing  no objections, the motion                                                               
SENATOR HUGGINS  moved Amendment  1. Page 4  line 27;  strike the                                                               
words  "prior  owner." Hearing  no  objections,  Amendment 1  was                                                               
8:40:17 AM                                                                                                                    
CHAIR  SEEKINS  reminded the  committee  that  he had  previously                                                               
closed public testimony but noting  continuing public interest he                                                               
opened public testimony on the bill.                                                                                            
8:40:58 AM                                                                                                                    
Senator Gretchen Guess joined the meeting.                                                                                      
DAVE FEEKIN, Alaska Association  of Realtors, testified regarding                                                               
the amendment that dealt with  municipalities exercising power to                                                               
acquire private  property for the  purpose of  transferring title                                                               
for economic  development. He said the  committee has essentially                                                               
allowed for  the Kelo  case to  happen [Kelo  versus City  of New                                                               
Eminent  domain is  a national  issue. For  example, Florida  has                                                               
unanimously  passed  a   constitutional  amendment  dealing  with                                                               
eminent  domain  for  economic   development  on  all  properties                                                               
including slums  and blighted areas.  There are  currently 10,000                                                               
active  cases of  private property  taking in  the nation,  which                                                               
averages out  to 200 per  state. Alaska  has none. The  media has                                                               
drawn attention  to the point that  the issue is now  an election                                                               
issue,  he   said.  Passing  the  municipality   amendment  could                                                               
restrict economic development money to blighted areas.                                                                          
8:44:23 AM                                                                                                                    
MR.  FEEKIN  suggested  that  50  years  from  now  people  would                                                               
remember that the Legislature passed this bill.                                                                                 
SENATOR GUESS responded  the Kelo case was  different because the                                                               
city council  delegated authority to  a non-profit entity  and so                                                               
it was not an elected body  that made the decision. She asked Mr.                                                               
Feekin   whether  the   realtors  have   an  opinion   about  the                                                               
legislative language in the bill.                                                                                               
MR.  FEEKIN said  the discussion  among realtors  recognized that                                                               
the  New London  city council  delegated the  authority but  they                                                               
also  approved  the  action.  The issue  has  gotten  beyond  the                                                               
semantics of  how New London  did it,  he said. The  Alaska State                                                               
Legislature is  a more deliberate  body and things don't  move as                                                               
fast and so  the Association would rather see  the authority left                                                               
at a state level.                                                                                                               
SENATOR GUESS  said she appreciated  the legislative  process but                                                               
noted that things can get put into  a bill at the last minute and                                                               
so  she  disputed his  statement  that  legislative authority  is                                                               
better  than   local  authority.   Both  local   and  legislative                                                               
processes have pros and cons in this situation.                                                                                 
8:47:53 AM                                                                                                                    
MR.  FEEKIN countered  that eminent  domain  is not  as large  an                                                               
issue in Alaska as it is  in other states. Other states are going                                                               
to  extremes  to protect  private  property  and the  Association                                                               
believes that since it would  take far more deliberative votes to                                                               
decide  the issue  the  authority  should be  left  at the  state                                                               
level, especially  noting that  the decision  would have  to pass                                                               
both legislative bodies.                                                                                                        
SENATOR GUESS  said she wanted  to make it  clear that it  is not                                                               
possible  to determine  whether  local control  or state  control                                                               
would benefit the  community in consideration. It  depends on the                                                               
particular issue at hand and the politics of the day.                                                                           
8:51:49 AM                                                                                                                    
CHAIR SEEKINS  said that the  committee perused  legislation from                                                               
other states and  noted that they are all  different. He surmised                                                               
that  the discussion  would continue  and the  bill would  change                                                               
before it reached the Senate floor session.                                                                                     
SENATOR HUGGINS  moved SCS  CSHB 318(JUD)  out of  committee with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 
At ease 8:54:32 AM                                                                                                            
         SB 134-POLICE INVESTIGATION STANDARDS/ARRESTS                                                                      
8:56:35 AM                                                                                                                    
CHAIR RALPH SEEKINS announced SB 134 to be up for consideration.                                                                
SENATOR CHARLIE HUGGINS  moved to adopt version C  as the working                                                               
document before the committee. Hearing  no objections, the motion                                                               
SENATOR  CON BUNDE  advised that  the Office  of Victim's  Rights                                                               
(OVR) supports the committee substitute (CS).                                                                                   
8:58:15 AM                                                                                                                    
SENATOR BUNDE  said with  a state  as diverse  as Alaska  and the                                                               
challenges of investigation,  not all victims are  treated with a                                                               
high standard of investigation.                                                                                                 
The bill was  created at the request of the  Department of Public                                                               
Safety (DPS). The  bill would charge the  Alaska Police Standards                                                               
Council (APSC)  with creating standards  and protocol  for sexual                                                               
assault investigations and would require  that when an officer is                                                               
privy to  an admission of  guilt that an  arrest must be  made at                                                               
some point during the investigation.                                                                                            
Under current  practices, crime victims  and the public  at large                                                               
have  no  direct  method  to question  the  practices  of  police                                                               
investigations or  conduct. The bill  would work to  resolve that                                                               
issue by  relegating the office of  the APSC the ability  to take                                                               
complaints and resolve issues.                                                                                                  
9:03:28 AM                                                                                                                    
SENATOR GENE THERRIAULT  asked Senator Bunde the  reason the bill                                                               
was tailored to crimes in the  first degree since often there are                                                               
plea bargains, which reduce the charges.                                                                                        
SENATOR BUNDE  advised the  plea-bargaining doesn't  happen until                                                               
after  the charge.  He  wanted  the bill  to  focus  on the  most                                                               
serious crimes.                                                                                                                 
9:05:20 AM                                                                                                                    
WALTER MONEGAN, Anchorage Chief of  Police, voiced support for SB                                                               
134. He  said the Department intends  to heighten professionalism                                                               
during investigations.                                                                                                          
SENATOR HOLLIS  FRENCH shared Senator Bunde's  concern that there                                                               
might be  many more cases than  the public is aware  of. He asked                                                               
the number  of cases that might  apply wherein a sex  assault has                                                               
been investigated  but not  brought to charges.  He said  that is                                                               
the person he sees who would go to OVR to file a complaint.                                                                     
MR.  MONEGAN said  there are  about  25 percent  that the  police                                                               
department  can  do  nothing with.  That  number  represents  the                                                               
percentage of  people who  don't have  much information  but feel                                                               
the need  to report a  possible case.  He speculated that  it was                                                               
approximately 100-150 cases a year statewide.                                                                                   
9:10:25 AM                                                                                                                    
SENATOR BUNDE advised  Senator French that the  OVR would reserve                                                               
the  right to  review the  case to  see if  it warranted  further                                                               
9:12:51 AM                                                                                                                    
SENATOR FRENCH  voiced support  for the  bill but  questioned the                                                               
effective date and  that the offense had to  have occurred before                                                               
July 10, 2003.                                                                                                                  
SENATOR  BUNDE deferred  the question  to Dean  Guaneli from  the                                                               
Department of Law.                                                                                                              
CHAIR SEEKINS asked  Senator Bunde to give the  committee a brief                                                               
summary of the CS.                                                                                                              
SENATOR BUNDE said  the CS is vastly different  than the original                                                               
bill.  The original  bill  allowed that  the  APSC would  develop                                                               
universal  standards  and  then  enforce  them.  Law  enforcement                                                               
agencies disagreed with that concept.                                                                                           
CHAIR SEEKINS noted the fiscal notes have all been updated.                                                                     
9:17:30 AM                                                                                                                    
MARY  ANNE  HENRY,  Director, Office  of  Victim's  Rights  (OVR)                                                               
voiced  support  for the  bill  but  expressed concern  regarding                                                               
timely investigations.  She has doubt  that the OVR  would garner                                                               
the information that  the bill sponsor is seeking.  The reason is                                                               
that the  bill limits the  OVR to only investigating  and keeping                                                               
statistics and  complaints from  a victim. That  leaves a  lot of                                                               
sexual  assaults  that  will  be  missed.  Many  victims  do  not                                                               
complain to the OVR.                                                                                                            
9:19:43 AM                                                                                                                    
MS. HENRY  advised she has only  been working for five  weeks but                                                               
has seen two cases where the victim  did not come to OVR until it                                                               
was too  late so there was  nothing they could do.  The woman had                                                               
originally advised the troopers about  it but failed to follow up                                                               
and the troopers admittedly "dropped the ball."                                                                                 
She  cited  another case  where  they  noticed the  investigation                                                               
seemed to  be taking too long.  When she called to  check into it                                                               
she  found  out the  investigating  agency  hadn't sent  the  DNA                                                               
sample to the lab and nobody at the lab called looking for it.                                                                  
She said  she feared  that if  it is  only limited  to complaints                                                               
from a  victim that the office  would not get the  sexual assault                                                               
cases the  bill sponsor  was trying  to find.  Once a  victim has                                                               
reported the  assault and months go  by, they give up  and do not                                                               
pursue it.                                                                                                                      
9:22:03 AM                                                                                                                    
MS.   HENRY  suggested   having  a   requirement  that   all  law                                                               
enforcement agencies fax  OVR a cover sheet whenever  they take a                                                               
rape  complaint.  The  problem with  tracking  complaints  versus                                                               
investigations is  that her  jurisdiction is  limited and  she is                                                               
only allowed to investigate when a victim complains.                                                                            
9:24:36 AM                                                                                                                    
SENATOR  FRENCH commended  Ms. Henry  for  her work  and said  he                                                               
envisioned  a   close  relationship  between  OVR   and  APD.  He                                                               
suggested  the two  offices sit  down  on a  quarterly basis  and                                                               
review the cases that are open and prosecutable.                                                                                
MS. HENRY agreed that would be possible.                                                                                        
9:27:08 AM                                                                                                                    
SENATOR  FRENCH  asked  whether  the  bill  would  give  her  the                                                               
authority to review police reports and evidence.                                                                                
MS. HENRY said yes.                                                                                                             
SENATOR FRENCH asked  whether she thought the  effective date was                                                               
acceptable.  He noted  that with  new technology  the testing  of                                                               
cold cases via DNA was seeing good results.                                                                                     
MS.  HENRY  said  she  wasn't  involved  in  the  effective  date                                                               
9:31:58 AM                                                                                                                    
DEAN  GUANELI, Chief  Assistant Attorney  General, Department  of                                                               
Law (DOL), explained  the changes in the CS. He  said although he                                                               
appreciated the work on the bill,  it wasn't clear that there was                                                               
a systemic  problem or whether  it was  the case of  a particular                                                               
officer needing  additional training or whether  it was something                                                               
9:36:00 AM                                                                                                                    
MR.  GUANELI  directed  his  comments  to  the  question  of  the                                                               
effective date. He said it was  a reasonable date to choose to go                                                               
back  to because  it would  go back  to a  point where  municipal                                                               
agencies are still liable.                                                                                                      
9:37:43 AM                                                                                                                    
The  way the  CS was  drafted takes  advantage of  OVR's existing                                                               
procedures  and  that  means  that   OVR  investigates  only  the                                                               
complaints  received from  victims. They  can request  and review                                                               
confidential  records and  work  with the  necessary agencies  to                                                               
resolve cases.  He said  it might  be going too  far to  have law                                                               
enforcement agencies reporting to the  OVR because victims have a                                                               
right  to confidentiality  even if  it  is being  reported to  an                                                               
agency of the Legislature, which  OVR is. Victim's rights statute                                                               
limit how much information police can affirmatively divulge.                                                                    
9:41:24 AM                                                                                                                    
MR.  GUANELI said  the existing  procedures work  well and  he is                                                               
comfortable with  the CS as  it stands. Commissioner  Tandeske is                                                               
satisfied as well, he said.                                                                                                     
9:42:34 AM                                                                                                                    
CHAIR SEEKINS  asked Mr.  Guaneli whether  investigatory agencies                                                               
give out standardized information of service to victims.                                                                        
MR. GUANELI said yes. The material varies from agency to agency.                                                                
CHAIR SEEKINS expressed an interest  in reviewing the information                                                               
that is provided to victims.                                                                                                    
MS.  HENRY  advised  the  committee  of  the  pamphlet  given  to                                                               
victims. However  it is  very complicated and  she is  working on                                                               
making it clearer.                                                                                                              
9:46:59 AM                                                                                                                    
SENATOR  GUESS asked  how children  and mentally  disabled people                                                               
are handled.                                                                                                                    
MS. HENRY said  the legal guardian or parent  generally files the                                                               
MR. GUANELI reminded the committee  that the definition of victim                                                               
for a child victim includes the parent.                                                                                         
9:52:48 AM                                                                                                                    
CHAIR  SEEKINS asked  Senator Bunde  whether he  approves of  the                                                               
bill as it is with the committee substitute.                                                                                    
SENATOR BUNDE said the CS was an adequate compromise.                                                                           
CHAIR SEEKINS closed public testimony.                                                                                          
SENATOR    GUESS   moved    CSSB    134(JUD)   with    individual                                                               
recommendations   and   attached   fiscal   notes.   Hearing   no                                                               
objections, the motion carried.                                                                                                 
At ease 9:54:24 AM                                                                                                            
                HB 441-THERAPEUTIC COURT FOR DUI                                                                            
9:57:20 AM                                                                                                                    
CHAIR RALPH SEEKINS announced CSHB  441(FIN) version to be up for                                                               
SENATOR GENE THERRIAULT  moved to adopt version I  as the working                                                               
document before the committee. Hearing  no objections, the motion                                                               
REPRESENTATIVE NORMAN ROKEBERG introduced  the bill and explained                                                               
that it was a culmination of  several years of effort to fund and                                                               
organize wellness  courts in  the State  of Alaska.  Recently the                                                               
Senate Judiciary  Committee heard an overview  from professionals                                                               
around the country of how  successful therapeutic courts were and                                                               
Alaska should join the trend and get the courts up and running.                                                                 
10:02:57 AM                                                                                                                   
SENATOR GRETCHEN GUESS  referred to page 3 lines  11-13 and asked                                                               
whether she  was correct  in her understanding  that if  a person                                                               
has been to a therapeutic court  more than twice that they can no                                                               
longer participate in  the program. She asked  whether there were                                                               
other  court  ordered  programs that  occurred  in  the  person's                                                               
distant past that would count them out of the wellness court.                                                                   
REPRESENTATIVE ROKEBERG replied  the intent was that  if a person                                                               
continually "messes up"  then they wouldn't be  allowed back into                                                               
the program.                                                                                                                    
SENATOR GUESS  asked whether it  would count if they  started the                                                               
wellness court and dropped out.                                                                                                 
REPRESENTATIVE ROKEBERG replied yes.                                                                                            
10:04:36 AM                                                                                                                   
SENATOR HOLLIS  FRENCH asked the  reason that the  Anchorage ASAP                                                               
program wouldn't count as a court-ordered treatment program.                                                                    
10:05:49 AM                                                                                                                   
DOUG  WOOLIVER,  Administrative  Attorney, Alaska  Court  System,                                                               
voiced  support   for  the  bill.  To   answer  Senator  French's                                                               
question,  that  language refers  to  a  court ordered  treatment                                                               
program  under   the  new  Section   28,  which  is   limited  to                                                               
therapeutic court.  Other failed attempts would  not count toward                                                               
the limit.                                                                                                                      
SENATOR FRENCH  referred to  page 4, subsection  (c) and  said it                                                               
integrates the  "no bail  for convicts  provision." He  wanted to                                                               
make sure there was no conflict between the two ideas.                                                                          
MR. WOOLIVER  responded there was no  conflict because subsection                                                               
(c) refers to people who have failed the program.                                                                               
10:08:30 AM                                                                                                                   
SENATOR FRENCH  said to be  clear the  person has pled  guilty to                                                               
the offense and so  he was curious as to how  they can justify in                                                               
this case  releasing the defendant  to the  court-ordered program                                                               
and not to the Department of Corrections.                                                                                       
MR. WOOLIVER  said this case  would be meeting conditions  of the                                                               
bail  because  it  is  the   judge-ordered  continuation  of  the                                                               
SUSAN PARKES,  Deputy Attorney General, Department  of Law (DOL),                                                               
agreed with Mr. Wooliver in that  there was no conflict. The bail                                                               
bill  that  Senator French  was  referring  related to  temporary                                                               
releases and  releasing someone  for the  purpose of  attending a                                                               
treatment  program would  be  part of  the  bail conditions.  The                                                               
therapeutic  court program  is not  a temporary  program. If  the                                                               
person fails  out of the  program they  would be remanded  to new                                                               
bail conditions.                                                                                                                
10:11:02 AM                                                                                                                   
MR. WOOLIVER advised  the committee that the  program was already                                                               
underway in  many parts  of the  state and  the DOL  is currently                                                               
developing other models.                                                                                                        
SENATOR FRENCH asked  whether the bill changed  any DUI look-back                                                               
MR. WOOLIVER said no.                                                                                                           
10:14:06 AM                                                                                                                   
CHAIR SEEKINS closed public testimony.                                                                                          
SENATOR  GUESS  moved  SCS  CSHB  441(JUD)  from  committee  with                                                               
individual recommendations and attached  fiscal notes. Hearing no                                                               
objections, the motion carried.                                                                                                 
There being  no further  business to  come before  the committee,                                                               
Chair Seekins adjourned the meeting at 10:17:31 AM.                                                                           

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