03/05/2012 01:30 PM Senate HEALTH & SOCIAL SERVICES

        SB 151-FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR                                                                    
                                                                                                                                
CHAIR DAVIS announced the consideration of SB 151.                                                                              
                                                                                                                                
1:46:32 PM                                                                                                                    
SENATOR KEVIN MEYER,  sponsor of SB 151, explained  that the bill                                                               
would  include  Fetal  Alcohol   Spectrum  Disorders  (FASD)  and                                                               
Traumatic and  Acquired Brain Injury  (A/TBI) as  "impaired brain                                                               
function"  under  the  state's  existing  definition  of  "mental                                                               
disease  or  defect" and  as  mitigating  factors in  sentencing.                                                               
Currently, under state law FASD  and A/TBI are not included under                                                               
those definitions. He  cautioned that the bill is not  a "get out                                                               
of  jail free"  card.  The  intent is  to  have more  appropriate                                                               
sentencing  for people  who suffer  from these  disabilities. The                                                               
hope is that those people receive the treatment they need.                                                                      
                                                                                                                                
SENATOR MEYER referred to a  recent presentation by Chief Justice                                                               
Carpeneti  who requested  that judges  have  more flexibility  in                                                               
issuing sentences. Senator Meyer spoke  of his efforts to correct                                                               
an inequity. Alaska  has the highest rate of FASD  in the nation.                                                               
According to the  experts at the Alaska  FASD Partnership, people                                                               
with FASD are disproportionately  represented within the criminal                                                               
justice system.                                                                                                                 
                                                                                                                                
CHAIR DAVIS asked if version X was before the committee.                                                                        
                                                                                                                                
SENATOR MEYER  said that  was correct.  [There was  no objection,                                                               
and  the assumption  was  that version  X,  27-LS1132\X, was  the                                                               
working document of the committee.]                                                                                             
                                                                                                                                
1:49:31 PM                                                                                                                    
KATE BURKHART,  Executive Director,  Alaska Mental  Health Board,                                                               
Advisory  Board  on  Alcoholism  and  Drug  Abuse,  testified  in                                                               
support of SB 151. She  recalled the history of this legislation,                                                               
which is a grass roots effort  led by the families of individuals                                                               
with FASD  and FASD individuals themselves.  The FASD Partnership                                                               
steering  committee drafted  a  specific  recommendation for  the                                                               
legislation.                                                                                                                    
                                                                                                                                
MS. BURKHART  addressed the  fact that  the legislation  does not                                                               
create a  "get out of  jail free"  card. It provides  that judges                                                               
"may"  impose a  lesser  sentence. The  bill provides  additional                                                               
discretion to judges  to help ensure that  defendants are treated                                                               
fairly according to their abilities.                                                                                            
                                                                                                                                
1:54:13 PM                                                                                                                    
MARIE OLSON,  representing herself, spoke  in support of  SB 151.                                                               
She  recalled  participating  in  conventions  related  to  Fetal                                                               
Alcohol Spectrum Disorder (FASD).  She shared her experience with                                                               
children who  had FASD and  the problems related to  the disease.                                                               
She predicted that  many are in jail because of  the disease. She                                                               
said  that  in  FASD  individuals,  part of  the  brain  has  not                                                               
developed and  the person is  not totally responsible for  his or                                                               
her actions. The  bill is a step forward in  the right direction,                                                               
but does  not address the  whole problem. Limiting the  jail time                                                               
is part of the answer. She said she was grateful for the bill.                                                                  
                                                                                                                                
1:59:12 PM                                                                                                                    
MARGARET  VROLYK,  Parent   Navigator,  FASD  Diagnostic  Clinic,                                                               
testified in  support of SB 151.  She shared her experience  as a                                                               
parent of  a son  with FASD.  She also  voiced concern  about two                                                               
areas of the bill.                                                                                                              
                                                                                                                                
SENATOR MEYER noted the removal  of those two sections in version                                                               
X.                                                                                                                              
SENATOR EGAN moved  to adopt the proposed CS for  SB 151, labeled                                                               
27-LS1132\X, as  the working document. There  being no objection,                                                               
version X was before the committee.                                                                                             
                                                                                                                                
2:03:09 PM                                                                                                                    
RIC IANNOLINO, representing himself, spoke  in support of SB 151.                                                               
He  related that  he coordinates  the FASD  Diagnostic Clinic  in                                                               
Juneau. He reported  that Australia and other parts  of the world                                                               
are also in  favor of the bill. He called  the legislation humane                                                               
and cost effective.                                                                                                             
                                                                                                                                
SENATOR  MEYER  the  goal  of  the   bill  is  to  give  a  judge                                                               
flexibility  to  adjust  sentencing because  of  an  individual's                                                               
disability.  He asked  Mr.  Iannolino if  his  clinic deals  with                                                               
those who are sentenced to treatment instead of jail time.                                                                      
                                                                                                                                
MR.  IANNOLINO  said  Juneau  Alliance   for  Mental  Health  and                                                               
Gastineau  Human Services  both  provide services  to people  who                                                               
need services outside of prison.                                                                                                
                                                                                                                                
SENATOR MEYER asked why the clinic closed.                                                                                      
                                                                                                                                
MR. IANNOLINO said he was retiring.                                                                                             
                                                                                                                                
2:07:16 PM                                                                                                                    
LORETTA (BETTY)  MARVIN, representing  herself, spoke  in support                                                               
of  SB  151.  She  recalled her  experiences  working  with  FASD                                                               
children.  She  related  that  she  has  experienced  calls  from                                                               
parents requesting help for their  children. She stated that FASD                                                               
prisoners are  treated poorly  in jail. She  shared a  story. She                                                               
agreed that a  lesser sentence and some sort of  help are answers                                                               
to this problem.                                                                                                                
                                                                                                                                
2:10:36 PM                                                                                                                    
MICHAEL JEFFREY, Superior Court  Judge, Barrow, Alaska, testified                                                               
in support  of SB  151. He  said he has  served on  the statewide                                                               
FASD committee. He  maintained that the problem  is a legislative                                                               
issue.  He said  that  brain  injuries go  beyond  FASD, such  as                                                               
returning military  with brain trauma.  He spoke of the  range of                                                               
FASD disorders.  He opined  that there is  a need  for protection                                                               
for public safety,  but also for sentencing that  meets the needs                                                               
of this population. He agreed that the bill was cost effective.                                                                 
                                                                                                                                
SENATOR MEYER thanked  Mr. Jeffrey for his  testimony. He invited                                                               
him to participate in the  Judiciary Committee hearing.  He asked                                                               
what type of  FASD individuals come before the court.  He did not                                                               
think there were many violent cases.                                                                                            
                                                                                                                                
MR. JEFFREY observed that the  person that comes before the court                                                               
does not  appear to be  disabled. Most people affected  with FASD                                                               
in rural Alaska are not diagnosed.  He pointed out that there are                                                               
red  flags  to watch  for.  The  classic  charges fall  into  the                                                               
following  categories: property  crimes,  minor  assaults, and  a                                                               
range of violations. He emphasized that  the point is to have the                                                               
sentencing fit the crime and for  other methods to be used rather                                                               
than jail time.                                                                                                                 
                                                                                                                                
2:19:10 PM                                                                                                                    
DEB EVENSON,  Director, Fetal  Alcohol Consultation  and Training                                                               
Services  (FACTS), spoke  in  favor  of SB  151.  She shared  her                                                               
extensive work  with FASD. She quoted  Stewart Whitley, Minister,                                                               
Health and  Human Service, Yukon  Territory, who said,  "Think of                                                               
the unjustness of being visited  by an affliction of appearing to                                                               
understand more  than you  do." She talked  about how  many fetal                                                               
brain   cells  are   destroyed  by   alcohol.  The   brain  works                                                               
differently  with FASD,  with the  problem solving  ability being                                                               
about half the person's chronological age.                                                                                      
                                                                                                                                
She  said   this  legislation  is   a  giant  step   toward  fair                                                               
sentencing. She  shared a story  from court in  Whitehorse, Yukon                                                               
Territory, where  a young man  was given an  alternative sentence                                                               
and has not re-offended.                                                                                                        
                                                                                                                                
2:24:21 PM                                                                                                                    
JEANNE  GERHARDT-CYRUS,  Kaina,  Alaska,  testified  on  her  own                                                               
behalf  in  support  of  SB   151.  She  spoke  of  her  personal                                                               
experience with  a child with  FASD. She said  if the goal  is to                                                               
prevent recidivism and protect society,  then FASD victims should                                                               
not be  put in  jail with others.  They should  receive structure                                                               
and support in other ways.                                                                                                      
                                                                                                                                
2:30:27 PM                                                                                                                    
MONICA  CHARLES-LEINBERGER,  Alaska   FASD  Partnership,  Bethel,                                                               
Alaska,  testified  in   support  of  SB  151.   She  listed  her                                                               
involvement as a member of the  local FASD diagnostic team and as                                                               
a FASD and  Behavioral Specialist for the  Lower Kuskokwim School                                                               
District. She  voiced concern about  FASD individuals  that don't                                                               
learn from  serving time. She  spoke of her experience  with FASD                                                               
children in Lower Kuskokwim School  District and how intervention                                                               
plans are  developed. She concluded  that the bill will  give the                                                               
judicial system a way to look at a person as an individual.                                                                     
                                                                                                                                
2:34:41 PM                                                                                                                    
DAVE  FLEURANT, Disability  Law  Center of  Alaska, testified  in                                                               
support of  SB 151. He spoke  of a decision in  Canadian Court by                                                               
Judge Barry  Stewart who said,  "It is manifestly unfair  to make                                                               
an individual pay for their disability with their freedom."                                                                     
                                                                                                                                
CHAIR DAVIS noted the bill  would move to the Judiciary Committee                                                               
next.                                                                                                                           
                                                                                                                                
SENATOR DYSON  moved to  report CS  for SB  151, version  X, from                                                               
committee  with   individual  recommendations   and  accompanying                                                               
fiscal  notes.  There  being  no  objection,  CSSB  151(HSS)  was                                                               
reported  from the  Senate Health  and  Social Services  Standing                                                               
Committee.