02/09/2011 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB62 | |
| Mental Health Trust Authority | |
| Court System Prisoner Reentry Programs | |
| Department of Corrections Reentry Programs | |
| Bridge Home Project | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| = | SB 62 | ||
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 9, 2011
1:34 p.m.
MEMBERS PRESENT
Senator Hollis French, Chair
Senator Bill Wielechowski, Vice Chair
Senator Joe Paskvan
Senator Lesil McGuire
Senator John Coghill
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 62
"An Act allowing appropriations to the civil legal services fund
from court filing fees."
- MOVED SB 62 OUT OF COMMITTEE
COURT SYSTEM PRISONER REENTRY PROGRAM
- HEARD
BRIDGE HOME PROGRAM
- HEARD
MENTAL HEALTH TRUST AUTHORITY
- HEARD
PREVIOUS COMMITTEE ACTION
BILL: SB 62
SHORT TITLE: CIVIL LEGAL SERVICES FUND
SPONSOR(s): SENATOR(s) MCGUIRE
01/24/11 (S) READ THE FIRST TIME - REFERRALS
01/24/11 (S) JUD, FIN
02/07/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
02/07/11 (S) Heard & Held
02/07/11 (S) MINUTE(JUD)
02/09/11 (S) JUD AT 1:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
JEFF JESSEE, Chief Executive Officer
Alaska Mental Health Trust Authority
Department of Revenue
Anchorage, AK
POSITION STATEMENT: Discussed rehabilitation and recidivism
from the perspective of the Alaska Mental Health Trust
Authority.
DOUG WOOLIVER, Administrative Attorney
Alaska Court System
Anchorage, AK
POSITION STATEMENT: Delivered an overview of the therapeutic
courts in Alaska.
CARMEN GUTIERREZ, Deputy Commissioner
Department of Corrections
Anchorage, AK
POSITION STATEMENT: Presented information on reentry and
reducing recidivism.
STACY TONER, Deputy Director
Division of Behavioral Health
Department of Health and Social Services
Juneau, AK
POSITION STATEMENT: Delivered an overview of the Bridge Home
Project.
ACTION NARRATIVE
1:34:28 PM
CHAIR HOLLIS FRENCH called the Senate Judiciary Standing
Committee meeting to order at 1:34 p.m. Present at the call to
order were Senators McGuire, Paskvan, Wielechowski, Coghill and
French.
SB 62-CIVIL LEGAL SERVICES FUND
1:35:38 PM
CHAIR FRENCH announced the consideration of SB 62. It was heard
previously. He noted that there was some concern about this
being a dedicated fund, but it clearly is not dedicated. Recent
letters of support were from the Governor's Council on
Disabilities and Special Education and the Alaska Mental Health
Board Advisory Board on Alcoholism and Drug Abuse. He solicited
a motion.
1:36:16 PM
SENATOR MCGUIRE moved to report SB 62 from committee with
individual recommendations and attached fiscal note(s).
SENATOR COGHILL objected to state that while he agrees that
there's a compelling reason to fund Alaska Legal Services, he
isn't sure it's sufficiently compelling to put in statute. "I
wanted to put it on the record that I feel that there's further
conversation on this," he stated, and then removed his
objection.
CHAIR FRENCH announced that without further objection, SB 62
moved from the Senate Judiciary Standing Committee.
At ease from 1:37 p.m. to 1:38 p.m.
^Mental Health Trust Authority
1:38:23 PM
CHAIR FRENCH announced the committee would next hear
presentations on the general theme of rehabilitation programs,
starting with opening remarks from Jeff Jessee.
1:38:53 PM
JEFF JESSEE, Chief Executive Officer, Alaska Mental Health Trust
Authority (AMHT), informed the committee that for many years the
Alaska prison population consistently tracked prison populations
in other states. However, by 2009 many states had taken steps to
stem the unsustainable growth in their prison populations, and
for the first time in 38 years the overall prison population in
the U. S. declined. Alaska was not among these states. While 26
states saw a decline, Alaska was one of 8 states with the
highest continued increase in its prison population.
MR. JESSEE said he applauds the committee's foresight in
arranging this hearing because the states that have been
successful in containing their prison populations did so through
a multi-agency approach. To that end, the committee today would
hear from the Court System about its successful therapeutic
court programs; the Department of Corrections regarding reentry
programs; and the Division of Behavioral Health regarding
supportive programs and housing projects that help people coming
from corrections to successfully reenter the community.
He noted that both the state of Washington and Texas have used
these strategies to successfully control their prison
populations.
^Court System Prisoner Reentry Programs
1:41:51 PM
DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
said he would provide an overview of the therapeutic courts in
Alaska. He explained that these were initially started by two
district court judges in Anchorage. Judge Stephanie Rhodes
started a mental health court in 1998 and Judge Jim Wannamaker
started a wellness court focused on alcohol abusers in 1999.
Judge Rhodes repeatedly saw the same defendants who had
significant mental health problems come before her for
relatively minor offenses, and Judge Wannamaker saw some of the
same alcohol abusing defendants come before him again and again.
These judges started therapeutic courts because they could see
the obvious connection between the underlying problem that the
defendants had and the crimes in which they engaged.
Therapeutic courts are now located in Anchorage, Barrow, Bethel,
Fairbanks, Juneau, Ketchikan, and Palmer. The court system is
looking to set up additional courts in Kenai, Tok, and Kodiak.
In addition Anchorage has a veteran's court, which takes people
who would probably qualify for one of the other courts, but
because they're veterans they're entitled to benefits with the
Veterans' Administration. The veteran's court gets the veteran
reconnected or connected for the first time with the Veterans'
Administration.
While there are different types of therapeutic courts for
defendants with different problems, what they all have in common
is reducing the recidivism rate. All therapeutic courts provide
assistance, close supervision, regular court appearances, and
swift sanctions for violations. Therapeutic courts provide a
multi-agency approach. In a typical criminal case, there is a
judge, a prosecutor, and a defense counsel. In the therapeutic
courts the prosecutor and the defense attorney work as part of a
team. The Alcohol Safety Action Program (ASAP) works with the
therapeutic courts as does the Department of Corrections to
provide case coordination services for the mental health courts.
ASAP also provides case management supervision for other courts.
The Division of Juvenile Justice (DJJ) is involved with the
Fairbanks therapeutic court, which deals with minors who have
mental health problems; the Veterans' Administration is involved
with the veteran's court; and the Mental Health Trust helps the
entire system with funding and grants.
1:46:56 PM
MR. WOOLIVER further stated that therapeutic courts are
effective and save money, sometimes a considerable amount. In
2005 and 2007 the Alaska Judicial Council (AJC) conducted
studies of the Alaska therapeutic courts. A summary of the 2005
study states that defendants who graduated from the programs or
were active in them spent fewer days incarcerated, had fewer
remands to custody, and had fewer convictions compared to those
who were not in the program. Defendants in the comparison group
for each program had significantly more days of incarceration
during the two year period after their convictions. The
participants had drug-free babies, better jobs, better
education, and reduced domestic violence. These are directly
tied to lower costs. Mr. Wooliver noted a participant in the
Anchorage felony drug court had been a user and abuser for many
years, but she was clean and sober throughout her pregnancy when
she was in that court and delivered a healthy baby. We know the
cost of a drug-addicted baby at birth. It never ends; it goes on
for the rest of that child's life. AJC also found that
therapeutic courts serve a variety of defendants and the
benefits were not limited to a narrow group of selected
participants.
In the 2007 study AJC found that 13 percent of graduates were
rearrested within one year as opposed to 32 percent in the
comparison group. In 2008 the Urban Institute completed a long-
term study of the Anchorage Wellness Court and found the
following:
We find that the opt-in group had significantly lower
likelihood of any rearrest and reconviction,
significantly fewer opt-in group members were
rearrested and reconvicted, and those in the opt-in
group had large and significant benefits to the
criminal justice system and crime victims, returning
over $3 in benefit to every $1 the program cost.
Also in 2008 the Mental Health Trust Authority commissioned
studies of the mental health courts in Anchorage and Palmer.
These also showed reduced recidivism rates and significant
savings. The Anchorage program realized a net one-year savings
to the state of over $400,000. The Palmer court showed over
$200,000 in savings. The average cost for a participant in the
Anchorage Mental Health Court is just less than $20 a day. In
the Palmer court it's just less than $17 a day. At that time
this compared to over $120 a day for jail. These findings of
reduced recidivism and cost-savings are consistent with studies
nationwide.
1:50:32 PM
The National Association of Drug Court Professionals recently
published a research update that stated, "We know that drug
courts significantly reduce drug use and crime and do so with
substantial savings." These programs work; they reduce
recidivism, which reduces the likelihood of crime so there are
fewer crime victims. While you can't measure a negative, what
can be measured shows very good results. Even so, the
therapeutic court movement is in its infancy. Last year in any
given month there were only 400 participants in all the various
crime-related therapeutic courts in Alaska. This compares to
about 6,000 felony filings and over 32,000 misdemeanor filings
in the state last year.
1:51:46 PM
CHAIR FRENCH asked if there are 400 participants in wellness
courts statewide.
MR. WOOLIVER said that wellness court is one particular type of
therapeutic court, and there are 400 participants in all the
therapeutic courts in the state.
CHAIR FRENCH asked if that figure includes the alcohol courts,
the veteran's courts, and the mental health courts.
MR. WOOLIVER answered yes.
1:52:15 PM
SENATOR MCGUIRE asked if there is a provision to put pregnant
women at the head of the list.
MR. WOOLIVER said he isn't sure but he would find out.
CHAIR FRENCH questioned why there aren't more participants,
given that two studies have demonstrated a fairly significant
reduction in recidivism with these programs.
MR. WOOLIVER replied there's a lack of treatment infrastructure
and there's a lack of available attorneys. Each defendant takes
more time in a wellness court, so therapeutic court attorneys
and prosecutors have fewer cases. Even though there are long-
term benefits, there is a lot of up-front work to get these
started.
1:55:24 PM
CHAIR FRENCH asked about the cost of $20 a day to keep a
participant in the therapeutic court program, versus $120 a day
for jail. He asked if that $20 a day includes the extra
attorneys.
MR. WOOLIVER said he would have to look into that.
CHAIR FRENCH said he would like to know the answer.
1:56:24 PM
SENATOR MCGUIRE suggested that paralegals might help offset the
workload for attorneys.
MR. WOOLIVER said he'd bring that up with the Department of Law
(DOL) and the public defender.
CHAIR FRENCH said it's an interesting idea. When these courts
started, one of the concerns was that attorneys would be
spending a lot of time in court. But the presence of a
prosecutor may not always be required.
1:58:45 PM
SENATOR PASKVAN asked about expanding the program over the next
five years.
MR. WOOLIVER answered that it is mostly a lack of treatment
facilities and a lack of staff that prevents expansion.
SENATOR PASKVAN asked what the Legislature can do.
MR. WOOLIVER responded additional funding is needed for those
types of services.
2:00:01 PM
CHAIR FRENCH commented that as creative as you want to be, it
often comes down to money.
SENATOR MCGUIRE asked how safe and sober housing is funded.
MR. WOOLIVER said he'd find out and follow up.
SENATOR COGHILL said granting is probably the primary way, along
with fee for service under Medicaid. Sometimes the problem is
not enough money, but sometimes it's lack of people to deliver
the service.
^Department of Corrections Reentry Programs
2:02:01 PM
CARMEN GUTIERREZ, Deputy Commissioner, Department of Corrections
(DOC) said she would focus on reentry and reducing recidivism.
If we reduce recidivism there are fewer victims in the
community. We have a tendency to objectify and dehumanize these
people, but each is a person and they are a daughter, son,
mother, employee, or employer. Some people are in prison because
they are dangerous; the middle group could go either way, and
the third will never go back. We are focused on the middle group
to make them productive members of the community.
2:05:32 PM
MS. GUTIERREZ then discussed programs the DOC has in place for
the mentally ill. She said 40 percent of the DOC population are
mental health trust beneficiaries, meaning they have been
identified as individuals who have mental health issues. That
figure does not include chronic alcoholics. One program that has
been in place since 2002 is called Institutional Discharge
Project Plus (IDP+) is a program where DOC is focusing on felony
offenders who have a psychotic disorder and who are being
released to probation or parole. The program connects them to
needed services in their community. The program has been
successful. A sample study indicates that in 2008 those
completing the program had 15 percent recidivism in one year
after release as compared to a 38 percent recidivism rate for
the general prison population three years out.
2:08:15 PM
MS. GUTIERREZ noted the IDP+ program has proven to be of such
benefit that now each clinician has a case load of 77, when best
study practices say case loads should be 30.
CHAIR FRENCH asked if the program begins before or after
release.
MS. GUTIERREZ said DOC clinicians should receive notice a couple
of weeks before release. In practice, however, the notice can be
as short as 12 hours. They need to make sure that the person
will receive mental health services, and especially housing. The
housing issue is a barrier and is an issue for all Alaskans.
2:10:57 PM
The DOC also has a plan called Assess, Plan, Identify, and
Coordinate (APIC) that works with felony and misdemeanor
offenders with mental illnesses that don't rise to the level of
a psychotic disorder. The idea is to link them with services and
appropriate service providers.
SENATOR PASKVAN asked if she could distinguish between a mental
health disorder and a psychotic disorder.
MS. GUTIERREZ deferred to a mental health provider, and then
tried to differentiate. Psychotics have a severe mental illness
requiring medication. People under APIC could be those who are
severely depressed, or have other mental health issues, and
before incarceration were eligible for disability benefits but
they lost them while in custody. DOC has found it is worth the
time to get these people reconnected with benefits before they
are released from custody.
2:13:06 PM
CHAIR FRENCH asked how many participants are in each program.
MS. GUTIERREZ said she would provide those figures later.
SENATOR COGHILL asked about the difference in case loads between
the two groups.
MS. GUTIERREZ said she understands that clinicians working with
APIC are picking up some overflow cases from other programs,
including IDP+. A person being released is either one or the
other.
2:14:51 PM
SENATOR PASKVAN stated that one issue is the high rate of
incarceration for the indigenous population, and asked what is
being done to deal with them returning to an underserved area.
MS. GUTIERREZ agreed it's a problem; small communities have
fewer resources. DOC is looking at the telemedicine model to
attempt to address this problem. There is a partnership between
the Village Public Safety Officer (VPSO) and the DOC, so the
VPSO serves as a probation officer. But there isn't an educated
workforce in the area of substance abuse and sex offender
treatment. She said that DOC is partnering with the University
of Alaska to emphasize these kinds of degrees.
2:17:54 PM
SENATOR PASKVAN asked about incentives to keep these people in
larger communities so they can get services.
MS. GUTIERREZ replied an individual from a remote community
could ask to be released into a larger community and the
probation officer would try to comply with that request. She
noted that institutional treatment programs have a success level
that is dependent on services after the person leaves the
institution.
2:19:56 PM
SENATOR PASKVAN asked if the system gives a bonus for staying in
a larger community away from the home community if someone
wanted further treatment.
MS. GUTIERREZ answered no, but a person who does so is setting
himself up for early release from probation.
SENATOR PASKVAN asked if a prisoner knows that process prior to
discharge.
MS. GUTIERREZ replied the conservative answer is no. She
conceded that kind of information should be available.
2:22:49 PM
MS. GUTIERREZ said DOC also has the Discharge Incentive grant
for housing and related supports. This is administered in
combination with the Division of Behavioral Health to provide
transitional housing for 53 individuals with complex mental
health disorders. This program hasn't been evaluated formally
but indications are that it is reducing the number of days this
population is spending in jail.
2:24:48 PM
MS. GUTIERREZ stated that DOC just completed its reentry manual,
which all individuals with six months or less to serve will
complete. It is based on a bureau of prisons model
She said the Probationer Accountability Certain Enforcement
(PACE) program employs swift, certain, and proportionate
sanctions. It is not a therapeutic court. By reallocating
existing resources DOC has been able to get 70 people into the
program. This model is appropriate for courts throughout the
state. DOC would like to use it for domestic violence
misdemeanant offenders.
2:27:15 PM
MS. GUTIERREZ said the Alaska Prisoner Reentry Task Force is an
example of collaborative efforts with agencies, non profits,
local governments, and interested individuals. The task force
will soon release its five year prisoner reentry plan. It has 11
recommendations and one more is coming. She offered to return
and answer questions once the report is ready for release. She
made special mention of Linda Mills, the nationally recognized
expert who was hired to coordinate and write the plan.
2:31:15 PM
SENATOR PASKVAN asked where the reentry program is headed,
especially for sex offenders.
MS. GUTIERREZ answered that about 700 convicted sex offenders
are incarcerated either in Alaska or in Colorado. Twenty-four of
these offenders are receiving treatment at Lemon Creek. All
other convicted sex offenders who have court-ordered treatment
are required to obtain that treatment in the community. Because
most communities in Alaska don't have sex offender treatment,
many of these newly released sex offenders are living alone in
Anchorage and Fairbanks, and then they re-violate. This cycle
continues until they have done all their time and then they're
released into the community without having gotten any treatment.
The probation department uses a containment model, which
consists of treatment, the polygraph examination, and probation.
The polygraph is intended to identify risk behaviors. Probation
officers monitor these probationers closely. If warning signs
crop up they intervene immediately.
SENATOR PASKVAN asked what the Legislature can do to help find a
solution.
MS. GUTIERREZ replied a big issue is safe, appropriate, and
affordable housing. The DOC has a special probation officer to
work with the sex offender who is being released to transition
him back into his community. If the person has safe and
appropriate family support in his home community, he can go home
while waiting for sex offender treatment in Fairbanks. In more
cases than not, the person will be required to live in
Anchorage, which usually means living at the Brother Francis
Shelter. The shelter is completely overwhelmed by this
population. She said the system has made it so difficult for sex
offenders to find housing that it's almost impossible. So they
live under the bridge, in a homeless camp, or in a shelter.
CHAIR FRENCH asked, if resources were unlimited, how many people
could be put to work to offer treatment to all that need it.
2:38:29 PM
MS. GUTIERREZ said she would provide the information in short
order.
^Bridge Home Project
2:39:13 PM
STACY TONER, Deputy Director, Division of Behavioral Health,
Department of Health and Social Services (DHSS), said she would
talk about the Bridge Home Project. She explained that it is
intended to serve the most challenging people of those cycling
through API and DOC.
Bridge Home is a replication of the Housing First model that
serves homeless people with alcohol addiction. In Washington it
saved $12 million in a 12 month period; Medicaid services were
reduced by 56 percent; sobering center services were reduced by
87 percent, and homeless shelter use was down. For the Seattle
participants, drinking was reduced by 50 percent due to
assistance with goal setting and stable housing. The Journal of
Community Psychology reported that 84 percent of people
participating in Housing First models stayed in the program once
placed.
2:41:51 PM
The goal of the Bridge Home program in Anchorage is to teach
clients self-sufficiency by combining community supports, stable
housing, and effective treatment while they transition to
independent living. The program maintains 50 active clients. All
of the clients were housed during the year. Nine of them were
able to move to independent or Section 8 voucher housing. More
people met the criteria for that but vouchers were not
available. Eleven were actually engaged in job training. Ten of
them worked for pay. Of the 50 active clients, there were a
total of six arrests with a total of 83 days spent in jail. A
longer range study indicates significant reduction in jail and
API use. The most significant impact for DOC is the 80 percent
drop in jail days for the people participating in the program.
During the year after services the same people had 241 days in
jail, whereas the year prior to treatment they had 1,608 days in
jail.
CHAIR FRENCH noted that was a 1,200 day reduction in jail time,
which costs almost $120 per day.
MS. TONER said that clients also have access to flexible
funding, which wraps services around the client. These might
include transportation to access services, and medication
management.
The program in Sitka, called Jericho Road, houses chronic
inebriates who have a history of homelessness. They are served
with stable housing and meals, and are able to access services
in the community. There have been fewer arrests, air ambulance
services, and fewer hospitalizations. The total monetary impact
for community resources in Sitka has been a decrease from
$183,000 six months prior to the program starting, down to
$21,000 for the six months after opening.
CHAIR FRENCH said he hopes city managers are listening to this.
2:46:56 PM
MS. TONER said she would get locations of housing. She noted
that AHFC is the primary funding resource for special needs
housing. Responding to a question by Senator Paskvan, she said
rural area services are limited. There are tribal providers that
get service to communities and some of the agencies stretch
their clinical staff by using behavioral health aides and rural
health services aides.
2:49:09 PM
Telehealth services are being expanded through API into remote
communities. The Tanana Chiefs Council implemented a computer
system to all of their clinics, so that anyone who is in that
community and needs assistance can see a psychiatrist or a
psychologist, have medication management, and have medication
shipped to them in the village.
2:50:16 PM
SENATOR PASKVAN asked about the voucher system at AHFC.
MS. TONER replied the problem is that there are not enough
vouchers for the special needs population.
2:50:38 PM
JEFF JESSEE, CEO, Alaska Mental Health Trust Authority, stated
that it's clear that it's a different situation in Alaska now
because there are agencies working together to develop
strategies and the accompanying data. The Trust will continue to
piecemeal a way to advance in these various areas. Honestly, he
said, the decision the Legislature and the administration are
faced with relates to the data on corrections. At the rate of
current corrections growth, the state will need to build another
Goose Creek every seven years. That's $380 million in capital
costs and $50 million in operating costs for correctional
officers. He suggested the Legislature consider developing an
alternative plan to figure out what it would take to scale up
these types of strategies and interventions to flat-line the
increase in the corrections population and avoid having to
construct prisons in the future.
He noted you can compare the cost of what we do today versus the
cost of what we could do if we invested resources in a different
way. We did that with Bring the Kids Home. You could do the same
thing in this area. You could look at projected costs and come
up with an alternative plan and what it would cost. You will
provide housing one way or another for these people, either in
correctional institutions or in safe, affordable housing in the
community. We have increased the resources to AHFC by about $10
million per year. Imagine if we took the cost of the next
prison, $380 million, and invested that in vouchers and
supported housing and affordable housing across the state. We
have the technology and it makes sense to look at ways to
construct an alternative vision to correct the curve on the
increasing prison population. If you decide to implement a
strategy then you must stay on top of it or it will drift.
2:55:49 PM
SENATOR MCGUIRE asked for a broader look at the state of the
mentally ill in Alaska. She asked where those who aren't in the
correctional system are. Now we wait until they commit a crime.
We should be looking at the prevention side to treat those into
wellness before they commit a crime.
MR. JESSEE said he couldn't agree more, but they aren't at a
loss for strategies, it's the lack of resources to implement
these strategies. There isn't a lot of money for highly paid
professionals, but we've learned that people in recovery can
support one another. Prevention is critical, but we need to find
ways to match priorities. The Legislature likes to cut costs,
but we need to do a better job of thinking through policy
decisions.
3:01:02 PM
CHAIR FRENCH thanked the presenters.
3:01:06 PM
There being no further business to come before the committee,
Chair French adjourned the Senate Judiciary Standing Committee
hearing at 3:01 p.m.
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