Legislature(2003 - 2004)
04/16/2004 08:08 AM Senate JUD
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 451-THERAPEUTIC COURTS
MR. DOUG WOOLIVER, administrative attorney for the Alaska Court
System (ACS), explained that HB 451 was introduced by the House
Rules Committee at the request of the ACS. It does two things:
it extends the termination date of two pilot therapeutic court
programs and it deletes a sunset clause on a superior court
judge position that was added to the Anchorage bench in 2001.
He noted that in 2001, Speaker Brian Porter introduced HB 172,
which created two pilot felony DUI courts, one in Anchorage and
one in Bethel. The purpose of the therapeutic courts was to
combine intensive outpatient treatment with close court
supervision in hope of significantly reducing the recidivism
rate for people with drug and alcohol related problems. These
programs have had great success. Judge Wanamaker oversees the
therapeutic court in Anchorage at the district court level. His
program shows recidivism rates of 25 percent. The more standard
rate for people in that category is 70 percent. Speaker Porter
wanted to apply that same success to felony level offenders so
introduced HB 172.
As part of that legislation, the Alaska Judicial Council was
tasked with studying the effectiveness of the program, which is
important because those programs are labor-intensive for ACS.
Unfortunately, the bill required a report in July of 2005,
almost a year after the two therapeutic courts will have closed.
HB 451 will allow the two programs to continue until July of
2006 to give the legislature a chance to see whether they are
effective. The bill also deletes the sunset clause that was put
on the Anchorage superior court judge position in the last
committee of referral. The superior court had not had a new
judge position since 1984, therefore HB 172 was used as the
vehicle to create that position to handle the therapeutic court
and to handle the increase caseload in Anchorage. Since 1984,
Anchorage has seen a 100 percent increase in its felony
caseload. At the same time, Representative Rokeberg had
sponsored several bills related to felony DUIs and other DUI
changes. ACS cannot afford to lose that judge and go back to its
1984 level of coverage.
SENATOR FRENCH said he attended two graduations at the
therapeutic court and was very impressed by the program. He
asked whether the report will provide information on how those
graduates are doing six months later.
MR. WOOLIVER said the Alaska Judicial Council also wants that
information and Judge Wanamaker has statistics on people who
have been out of the program for two or three years.
SENATOR OGAN asked if the study will contain a cost analysis
that includes the savings from the lower recidivism rate.
TAPE 04-43, SIDE A
MR. WOOLIVER said that information will also be included. He
noted the two judges who run the programs are available to
testify on-line.
MS. SALLY RUSSELL, Therapeutic Court Project Coordinator in
Bethel, informed members that Judge Devaney had to leave for a
9:30 hearing so she would testify in his place. She said Judge
Devaney wanted to pass on that the Bethel Therapeutic Court has
been wildly successful and has changed people's lives. They hope
the program will go on forever.
ANCHORAGE SUPERIOR COURT JUDGE STEPHANIE JOANNIDES told members
she presides over the felony DUI and felony drug court. The drug
court model has been used on a national level since the 1980s.
Throughout her legal career as a prosecutor in Juneau and as a
judge in Anchorage, she has heard many lawyers and judges
express frustration about seeing the same people in court over
and over, even though they receive longer jail terms with each
successive offense. She believes our society cannot afford to
not use therapeutic courts from the standpoint of economics and
public safety. The drug court model is based on the theory that
insanity is behaving the same way repeatedly and expecting
different results. The drug court model is working across the
country. When Alaska began its first drug court in 2001,
approximately 400 were in operation. Because of its overwhelming
success nationwide, over 1,000 drug courts are now operating
around the country.
JUDGE JOANNIDES explained that in therapeutic court, people are
held accountable. The drug court model forces the workers from
different agencies to sit at the same table and come up with an
effective plan to make sure the person on probation will
actually succeed. The offender appears before her every week and
the probation officer reports to her immediately if the offender
is not adhering to the requirements of the program. In addition,
the treatment provider gives her information.
SENATOR OGAN said he believes extending the program is
worthwhile because it works for some people. He then moved HB
451 from committee.
CHAIR SEEKINS announced that without objection, HB 451 had moved
from committee. He thanked Judge Joannides for her testimony and
adjourned the meeting at 10:00 a.m.
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