02/22/2007 09:00 AM Senate STATE AFFAIRS

          SB  36-SENTENCING FOR ALCOHOL-RELATED CRIMES                                                                      
                                                                                                                                
10:23:34 AM                                                                                                                   
SENATOR McGUIRE announced the consideration of SB 36.                                                                           
                                                                                                                                
10:24:05 AM                                                                                                                   
SENATOR  FRENCH made  a motion  to adopt  a committee  substitute                                                               
(CS) labeled,  25-LS0282\C, Luckhaupt,  as a work  draft. Hearing                                                               
no objection, version C was before the committee.                                                                               
                                                                                                                                
SENATOR  THERRIAULT explained  that Chair  McGuire had  supported                                                               
including therapeutic courts if the space was available.                                                                        
                                                                                                                                
DAVE  STANCLIFF,  staff  to  Senator  Therriault,  said  the  new                                                               
language begins  on pages 3, line  30. It "allows that  option to                                                               
be considered  in lieu of an  alcohol ban based on  the idea that                                                               
therapy,  when it's  available,  certainly  should be  considered                                                               
before  something  as  serious  as   a  ban,  perhaps."  He  said                                                               
prosecutors and judges would have to agree.                                                                                     
                                                                                                                                
10:25:42 AM                                                                                                                   
CHAIR McGUIRE said  her inclination toward the  bill is negative,                                                               
because alcoholism  is a disease.  When it is an  underlying part                                                               
of  a serious  crime, society  must respond,  "but my  concern is                                                               
adding  on another  felony,  another  felony, another  felony…and                                                               
where does that take us as a  society? Do we ever break the cycle                                                               
or  not?"  She  will  accept   this  compromise,  she  stated.  A                                                               
compelling argument was  the type of individual in  a village who                                                               
displays  Jeckel  and  Hyde  characteristics  with  very  serious                                                               
offenses under the influence of alcohol,  that the law might be a                                                               
tool to  have a  trooper intervene  before the  alcohol influence                                                               
occurred.  In a  town like  Anchorage, she  worries about  abuse.                                                               
What she doesn't want to see  is a police officer with a vendetta                                                               
following around  an individual in an  attempt to get him  or her                                                               
back in  jail on a  felony. Alcoholism is terrible,  but charging                                                               
people with more  felonies might not be the answer.  "The more we                                                               
can do  in terms of  therapeutic courts  and trying to  get these                                                               
folks to get off the alcohol,  I think the better off we're going                                                               
to be as a society."                                                                                                            
                                                                                                                                
10:28:31 AM                                                                                                                   
SENATOR FRENCH  moved to  report the  CS for  SB 36,  labeled 25-                                                               
LS0282\C,  from  committee  with individual  recommendations  and                                                               
attached  fiscal  note(s).  Hearing no  objection,  CSSB  36(STA)                                                               
moved from committee. He made a  motion for a letter of intent to                                                               
be moved to the next committee as well, without objection.