Legislature(2015 - 2016)BELTZ 105 (TSBldg)
04/01/2015 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB23 | |
| HCR3 | |
| SB82 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | SB 23 | TELECONFERENCED | |
| *+ | SB 82 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HCR 3 | ||
SB 82-ALCOHOL/SUBST ABUSE PROGRAM MITIGATION
2:33:05 PM
CHAIR MCGUIRE announced the consideration of SB 82. "An Act
relating to mitigating factors at sentencing."
2:33:31 PM
GENEVIEVE WOJTUSIK, Staff, Senator McGuire, introduced SB 82 on
behalf of the sponsor. She explained that the bill allows a
judge to consider participation in the 24/7 sobriety program as
a mitigating factor at the time of sentencing. She highlighted
that this program is very cost effective at less than $30 per
day, whereas it costs over $140 per day to house an inmate. The
bill has zero fiscal notes from the Alaska Court System and the
Department of Health and Social Services.
2:35:05 PM
BILL MICKELSON, Consultant, 24/7 Sobriety Program, South Dakota,
testified in support of SB 82. He explained that he developed
and implemented the 24/7 program in South Dakota had it's been
operating successfully for about 11 years. He currently is
overseeing implementation in other states and has visited Alaska
several times to discuss implementation. The 24/7 program brings
discipline and SB 82 provides a reward for successful
participation in the program.
CHAIR MCGUIRE observed that it makes sense to give a judge the
opportunity to consider participation in the program as a
mitigating factor. It's a savings to the state, communities, and
families.
2:37:43 PM
DENNIS JOHNSON, Director, Alaska Pretrial Services, testified in
support of SB 82. He described the 24/7 program as revolutionary
to pretrial and the criminal justice system. He shared a story
to illustrate why SB 82 is so important. A young man who entered
the 24/7 program as he awaited sentencing found housing and held
down a fulltime job while meeting the twice daily testing regime
plus three random tests each week. He did this successfully for
almost five months. At sentencing he took ownership for what
he'd done and told the judge what he'd accomplished while he was
out of custody. Because there was no way for the judge to give
him credit for what he'd done, he was sentenced to 90 days
incarceration. He lost his job.
MR. JOHNSON said we're asking people to change their behavior
and when they do they aren't given credit. This flies in the
face of the efforts to reduce the number of nonviolent offenders
in prison and decrease the need to build another prison. He
pointed out the success of the 24/7 program in Anchorage. There
have been just three alcohol fails in 6,544 tests and two drug
fails in 791 tests. He encouraged the members to pass the bill.
CHAIR MCGUIRE thanked Mr. Johnson for the work he does.
SENATOR WIELECHOWSKI expressed appreciation and support for the
work that Mr. Johnson has done for the Anchorage community.
CHAIR MCGUIRE asked Mr. Piper if the Department of Health and
Social Services had taken a position on SB 82.
2:44:26 PM
TONY PIPER, Social Services Program Coordinator, Department of
Health and Social Services (DHSS), said he didn't know if the
department had taken a stand on the bill but they do believe
that the program is working. He echoed Mr. Johnson's testimony
that people on the 24/7 program invest effort to be successful
in the program and it seems logical that they should receive
benefit at sentencing.
2:45:19 PM
CHAIR MCGUIRE found no further testifiers and closed public
testimony.
2:45:36 PM
SENATOR COGHILL motioned to report SB 82 from committee with
individual recommendations and two zero fiscal notes.
CHAIR MCGUIRE announced that without objection, SB 82 is
reported from the Senate Judiciary Standing Committee.