Legislature(2005 - 2006)HOUSE FINANCE 519
04/07/2005 01:30 PM House FINANCE
| Audio | Topic |
|---|---|
| Start | |
| HB83 | |
| HB149 | |
| HB136 | |
| HB123 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| = | HB 123 | ||
| + | HB 136 | TELECONFERENCED | |
| += | HB 83 | TELECONFERENCED | |
| = | HB 149 | ||
HOUSE BILL NO. 136
"An Act restricting the authority of a court to suspend
execution of a sentence or grant probation in
prosecutions for driving while under the influence and
prosecutions for refusal to submit to a chemical test;
and allowing a court to suspend up to 75 percent of the
minimum fines required for driving while under the
influence and for refusal to submit to a chemical test
if the defendant successfully completes a court-ordered
treatment program."
REPRESENTATIVE NORM ROKEBERG, sponsor, related the three
main requirements of HB 136, which speaks to the issue of
wellness through therapeutic courts. It requires that the
minimum fines set out by the legislature for driving while
under the influence shall be collected and imposed by the
courts. It allows for therapy courts to be used for felony
DUI offenses. It increases the amount of fines that may be
waived upon successful completion of therapeutic court
programs. He referred to a letter of support from MADD
(copy on file.)
Representative Weyhrauch asked if there is any benefit to
having an amendment to require the person to pay at least
the minimum fine. He asked if they could be made to pay
more than the minimum fine.
HEATHER NOBREGA, STAFF, REPRESENTATIVE NORM ROKEBERG,
replied that it does not prohibit the courts from imposing
more than the minimum fine. The courts often suspend the
amount imposed over the minimum fine. Representative
Weyhrauch suggested adding the words "at least". Ms.
Nobrega opined that the bill is adequate as written.
Representative Weyhrauch asked if it applies both to
previous offenders and first time convictions. Ms. Nobrega
replied yes.
Representative Croft referred to Section 3 and asked what if
they can't get into a treatment program. Representative
Rokeberg requested Judge Wannamaker to answer that question.
2:25:08 PM
Representative Weyhrauch asked if there are certain
conditions that would allow for suspended imposition of DUI
sentences. Representative Rokeberg replied that the
statutes work together regarding offenses and it could be
troublesome.
JUDGE JAMES WANNAMAKER, ALASKA CENTER FOR THERAPEUTIC
COURTS, (via teleconference) endorsed the wellness court
model. In response to Representative Croft's question about
unavailability of therapeutic courts, he responded that
there is no backup at present.
Representative Croft opined that it is unfair if there is no
access to the court. Judge Wannamaker replied that the
answer it to get the roadblocks to the operations of the
courts fixed. Representative Croft decided not to offer
Amendment 1.
2:33:04 PM
Representative Rokeberg noted that the biggest problem is
lack of support for treatment programs by state bureaucracy.
He agreed to work with Representative Croft on this issue.
Representative Hawker noted that at Representative
Rokeberg's request, efforts have been taken to expand these
programs.
Representative Kelly commented on various bureaucratic
problems and said it is widespread.
2:36:01 PM
WENDY HAMILTON, THERAPEUTIC COURT COORDINATOR, JUNEAU, spoke
in favor of HB 136. Juneau is currently planning for a
therapeutic court, which will deal with misdemeanor and
felony DUIs. She related that the bill would increase the
efficacy of the court, extending the incentives from
misdemeanor DUIs to felony DUIs. It would allow a reduction
in fines from 50 percent to 75 percent, and help the Juneau,
Ketchikan, Bethel, and Fairbanks courts run more
efficiently.
2:38:38 PM
Co-Chair Chenault questioned the indeterminate fiscal note
by the Department of Law regarding expense for more trials
for people who can't pay the minimum fines. He asked what
is happening to these people now.
Representative Rokeberg explained that the bill would ask
the courts to collect fines and should increase revenues.
Co-Chair Chenault asked how many more would roll over to the
therapeutic court system. Representative Rokeberg responded
that the number would stay the same but recidivism would be
lessened.
2:43:48 PM
Representative Hawker pointed out that there is a Judiciary
Letter of Intent with the bill.
Representative Foster moved to report HB 136 out of
Committee with individual recommendations and the attached
fiscal notes, and with the attached letter of intent. There
being NO OBJECTION, it was so ordered.
HB 136 was REPORTED out of Committee with a "do pass"
recommendation and with six fiscal impact notes: zero note #
1 by the Department of Corrections; zero note #2 by the
Alaska Court System; zero note #3 by the Department of
Public Safety; indeterminate note #4 by the Department of
Administration; indeterminate note #5 by the Department of
Law; indeterminate note #6 by the Department of Law.
2:45:33 PM
At ease.
2:49:39 PM
| Document Name | Date/Time | Subjects |
|---|