SCS CSHB 172(JUD): "An Act relating to therapeutic courts for offenders; to the authorized number of superior court judges; and amending Rule 35, Alaska Rules of Criminal Procedure."
00 SENATE CS FOR CS FOR HOUSE BILL NO. 172(JUD) 01 "An Act relating to therapeutic courts for offenders; to the authorized number of 02 superior court judges; and amending Rule 35, Alaska Rules of Criminal Procedure." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE PURPOSE; THERAPEUTIC COURTS FOR ALCOHOL- AND 07 DRUG-ADDICTED OFFENDERS. (a) The purposes of therapeutic courts are lasting 08 sobriety of offenders, protection of society from alcohol-related and drug-related crime, 09 prompt payment of restitution to victims of crimes, effective interaction and use of resources 10 among criminal justice and community agencies, and long-term reduction of costs relating to 11 arrest, trial, and incarceration. The pilot therapeutic courts established in (b) of this section 12 will focus on defendants charged with multiple driving while intoxicated offenses and shall 13 serve as working models for the development of other similar courts in other areas of the 14 state. It is the intent of the legislature that the additional superior court judge authorized for
01 the Fourth Judicial District by sec. 2 of this Act be assigned to Bethel and that the additional 02 superior court judge authorized for the Third Judicial District be assigned to Anchorage. In 03 addition, the legislature recognizes that district courts are currently experimenting with and 04 using therapeutic concepts such as those contained in this Act. The legislature acknowledges 05 these efforts, encourages their continuation in the district courts, and does not intend by this 06 Act the extinguishment of these efforts. 07 (b) The Alaska Court System shall establish two pilot sites for therapeutic courts for 08 alcohol- and drug-addicted offenders in Anchorage and Bethel; the Anchorage therapeutic 09 court shall commence on the effective date of this Act; the Bethel therapeutic court shall 10 commence on January 2, 2002; the pilot programs shall end three years after the date each 11 court commences. The Alaska Court System will designate one superior court judge in 12 Anchorage and one superior court judge in Bethel to preside over the therapeutic courts. 13 Under the leadership of these judges, all parties involved in the implementation of the 14 therapeutic court process shall regularly meet to consult about the conduct and improvement 15 of the process. The pilot programs shall be implemented by the joint efforts of the Alaska 16 Court System, the Department of Law, the Public Defender Agency, the Department of 17 Corrections, the Department of Health and Social Services, and other agencies in accordance 18 with a mutually agreed-upon plan. To the extent feasible, the therapeutic courts shall use 19 existing public agencies, medical and treatment services, housing, and other public, private, 20 and nonprofit community services; the pilot program in Bethel shall also consult and 21 coordinate services with municipal and other local entities to facilitate the successful 22 reintegration of offenders into municipalities and other locales outside of Bethel. Each 23 therapeutic court shall be adapted to fit the available local resources and cultural traditions. 24 (c) Nothing in this Act is intended to place additional requirements on or make 25 changes to other existing specialized or general state courts. 26 (d) In addition to any authorized sentence under AS 12.55, a therapeutic court shall, 27 to the extent feasible, consider or require 28 (1) early intervention to plan and begin treatment for recovery from alcohol or 29 drug addiction; 30 (2) emphasis on personal responsibility; 31 (3) frequent appearances before the same judge to provide in-court recognition
01 of progress and quick sanctions for relapses; 02 (4) in-court recognition of progress and quick sanctions for relapses; 03 (5) if the offender is living in a municipality or an area of the state without a 04 judge, frequent appearances before a person or persons designated by the judge who will 05 report progress and relapses to the judge; 06 (6) prompt payment of restitution for victims; 07 (7) completion of community work service as appropriate for restoration of 08 the community; 09 (8) pharmaceutical treatment of the physical addiction to alcohol or drugs, as 10 approved and prescribed by a physician; 11 (9) treatment addressing the psychosocial bases of the addiction; 12 (10) a strong monitoring program to enforce long-term abstinence; 13 (11) appropriate physical placement or housing; 14 (12) assistance in obtaining a constructive alcohol- and drug-free occupation 15 and lifestyle; 16 (13) assistance from supportive friends and relatives; 17 (14) payment for all or a portion of treatment costs; 18 (15) adherence to all probation conditions; 19 (16) collection of data about and evaluation of the effectiveness of the 20 program; 21 (17) the defendant to execute releases to provide information and reports to 22 the court, the prosecutor, and all agencies involved in the defendant's therapeutic court plan; 23 and 24 (18) case coordination in planning for and assisting offenders in 25 accomplishing the conditions set out in (1) - (17) of this subsection. 26 (e) The state, publicly appointed counsel, and court shall develop a list of sanctions to 27 be imposed in the event that a defendant violates conditions imposed by a therapeutic court. 28 This list shall be provided to all defendants who request referral to a therapeutic court. 29 (f) With the consent of the state or municipal prosecutor and the defendant, a criminal 30 case, including the case of a defendant charged with violating the terms of probation, may be 31 referred to a therapeutic court upon the request of the prosecutor, the defendant, or the court.
01 A case may not be referred to the Anchorage court unless the situs of the alleged crime is 02 within the Anchorage venue district under Rule 18, Alaska Rules of Criminal Procedure. A 03 case may not be referred to the Bethel court unless the situs of the alleged crime is within the 04 Bethel venue district under Rule 18, Alaska Rules of Criminal Procedure. The court may 05 accept a defendant into the therapeutic court if the defendant is not charged with an 06 unclassified felony, a class A felony, or an offense under AS 11.41.410 - 11.41.470, or with 07 violating probation for one of those offenses. 08 (g) Upon acceptance into the therapeutic court, the defendant shall enter a no contest 09 or guilty plea to an offense or shall admit to a probation violation, as appropriate. The state 10 and the defendant may enter into a plea agreement to determine the offense or offenses to 11 which the defendant is required to plead. If the court accepts the agreement, the court shall 12 enforce the terms of the agreement. 13 (h) The court shall enter a judgment of conviction for the offense or offenses for 14 which the defendant has pleaded or an order finding that the defendant has violated probation, 15 as appropriate. A judgment of conviction or an order finding a probation violation must set a 16 schedule for payment of restitution owed by the defendant. In a judgment of conviction and 17 upon probation conditions that the court considers appropriate, the court may withhold 18 pronouncement of a period of imprisonment or a fine to provide an incentive for the defendant 19 to complete recommended treatment successfully. Imprisonment or a fine imposed by a 20 therapeutic court shall comply with AS 12.55 or any mandatory minimum or other sentencing 21 provision applicable to the offense. However, notwithstanding Rule 35, Alaska Rules of 22 Criminal Procedure, and any other provision of law, the court, at any time after the period 23 when a reduction of sentence is normally available, may consider and reduce the defendant's 24 sentence based upon the defendant's compliance with the treatment plan; when reducing a 25 sentence, the court (1) may not reduce the sentence below the mandatory minimum sentence 26 for the offense unless the court finds that the defendant has successfully complied with and 27 completed the treatment plan and that treatment plan approximated the severity of the 28 minimum period of imprisonment, and (2) may consider the defendant's compliance with the 29 treatment plan as a mitigating factor allowing a reduction of a sentence pursuant to 30 AS 12.55.155(a). A court entering an order finding the defendant has violated probation may 31 withhold pronouncement of disposition to provide an incentive for the defendant to complete
01 recommended treatment successfully. 02 (i) If the defendant is terminated from therapeutic court, the defendant's no contest or 03 guilty plea or admission to a probation violation to the court shall stand, and the sentence 04 previously imposed shall be executed or, if sentence has not yet been imposed, imposition of 05 sentence shall be scheduled in a nontherapeutic court. 06 (j) Notwithstanding any other provision of law to the contrary, the judge, the state, the 07 defendant, and the agencies involved in the defendant's treatment plan are entitled to 08 information and reports bearing on the defendant's assessment, treatment, and progress. 09 (k) The Alaska Judicial Council will develop a uniform data collection form for use 10 by the therapeutic courts. The Council shall evaluate the effectiveness of the pilot therapeutic 11 court programs by developing baseline information and comparing that data with ongoing 12 program results as reported by the therapeutic courts and prepare a report to the legislature, 13 courts, and affected agencies. The report shall be disseminated no later than July 1, 2005. 14 (l) In addition to other conditions authorized under AS 12.30 or AS 12.55, a 15 therapeutic court may impose the following conditions of bail or probation: 16 (1) require the defendant to submit to electronic monitoring if the 17 commissioner of corrections agrees to this condition; 18 (2) require the defendant to submit to house arrest. 19 (m) A defendant who is subject to a condition set out in (l) of this section is not 20 entitled to credit for time served. 21 (n) In addition to other conditions authorized under AS 12.30, a therapeutic court may 22 require the defendant to take a drug or combination of drugs intended to prevent the 23 consumption of alcoholic beverages. 24 (o) The Department of Health and Social Services may require treatment providers to 25 make advances to a defendant accepted to the therapeutic court to cover the initial costs 26 related to the use of Naltrexone if the defendant is otherwise without resources to pay those 27 costs. The court shall require as a condition of probation that the defendant repay the 28 treatment provider. 29 (p) In this section, "sentence" or "sentencing" includes a suspended imposition of 30 sentence as authorized under AS 12.55.085. 31 * Sec. 2. AS 22.10.120 is amended to read:
01 Sec. 22.10.120. Number of judges. The superior court consists of 34 [32] 02 judges, five of whom shall be judges in the first judicial district, three of whom shall 03 be judges in the second judicial district, 19 [18] of whom shall be judges in the third 04 judicial district, and seven [SIX] of whom shall be judges in the fourth judicial 05 district. At the time of submitting the names of nominees to the governor to fill a 06 vacancy on the superior court bench, the judicial council shall also designate the 07 district in which the appointee is to reside and serve. 08 * Sec. 3. Section 1(h) of this Act has the effect of amending Rule 35, Alaska Rules of 09 Criminal Procedure, by allowing a court to consider and reduce a criminal sentence outside of 10 the time periods currently provided in that rule.