Legislature(2005 - 2006)SENATE FINANCE 532

05/01/2005 01:00 PM Senate FINANCE


Download Mp3. <- Right click and save file as

+ SB 24 REEMPLOYMENT OF RETIREES TELECONFERENCED
Heard & Held
+= SB 156 LAYOFF/NONRETENTION OF TEACHERS TELECONFERENCED
Moved SB 156 Out of Committee
+= HB 182 WAGE & HOUR ACT: EXEC/PROF/ADMIN/SALES/DP TELECONFERENCED
Moved CSHB 182(FIN)(efdf) Out Committee
+= HB 91 INDECENT EXPOSURE TO MINORS TELECONFERENCED
Heard & Held
+= HB 119 AK REGIONAL ECONOMIC ASSISTANCE PROGRAM TELECONFERENCED
Heard & Held
+ HB 136 DRUNK DRIVING TREATMENT PROGRAM TELECONFERENCED
Heard & Held
+ SB 135 ASSAULT & CUSTODIAL INTERFERENCE TELECONFERENCED
Moved CSSB 135(JUD) Out of Committee
+= SB 108 INSURANCE TELECONFERENCED
Heard & Held
+ SB 121 STATE OF AK CAPITAL CORP.; BONDS TELECONFERENCED
Heard & Held
+ SB 122 AMERADA HESS INCOME; CAPITAL INCOME ACCT. TELECONFERENCED
Heard & Held
+ HB 35 EXTEND BD ARCHITECTS/ENGINEERS/SURVEYORS TELECONFERENCED
Heard & Held
+ HB 75 HUNTING, FISHING, TRAPPING TELECONFERENCED
Heard & Held
+ HB 132 CRIMES AGAINST ELDERLY TELECONFERENCED
Heard & Held
+ HB 156 COMMISSION ON AGING TELECONFERENCED
Scheduled But Not Heard
+ HB 230 LOANS FOR COMMERCIAL FISHING TENDERS TELECONFERENCED
Heard & Held
+= SB 46 APPROP: CAPITAL BUDGET TELECONFERENCED
Scheduled But Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HB 19 PESTICIDE & BROADCAST CHEMICALS
Heard & Held
= HB 15 LIQUOR LICENSES: OUTDOOR REC. LODGE/BARS
Heard & Held
                                                                                                                                
     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."                                                                                                
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  NORM  ROKEBERG,  the bill's  sponsor,  informed  the                                                            
Committee  that this bill  would accomplish  three things.  First it                                                            
would  increase  the percent  of  a fine  that  could  be waived  or                                                            
reduced in the Therapeutic  Court from the current 50-percent to 75-                                                            
percent. This would "enhance  the ability" of an offender to pay for                                                            
the cost of therapy counseling  and other activities that they would                                                            
be required to participate in under State law.                                                                                  
                                                                                                                                
Co-Chair Green  asked for confirmation that the proposed  25-percent                                                            
reduction "wouldn't  be through the Court; it would  be independent"                                                            
of the Court.                                                                                                                   
                                                                                                                                
Representative  Rokeberg explained  that the Court would  impose the                                                            
fine  mandated  by   State  Statute,  and,  upon  the  individual's                                                             
completion of  the therapeutic program, a portion  of the fine could                                                            
be waived  or suspended.  Thus,  the individual  could utilize  that                                                            
money to pay for  their program participation. He  stressed that the                                                            
intent would  not be to waive or suspend  the entirety of  the fine.                                                            
                                                                                                                                
Representative  Rokeberg  stated  that  the bill  would  also  allow                                                            
felony  Driving  Under the  Influence  (DUI)  cases to  utilize  the                                                            
Statutory authority  provided to the Therapeutic Courts.  Two felony                                                            
DUI  Court pilot  programs  had been  previously  authorized by  the                                                            
Legislature  and  are currently  operating  in the  Municipality  of                                                            
Anchorage.  This bill  would provide  those felony  DUI courts  "the                                                            
same authority"  as  provided to the  District Court  so they  could                                                            
reduce  their  fines  by  75-percent   as  an  incentive  for  their                                                            
offenders  to participate  in Wellness  Court  programs. The  effort                                                            
currently being exercised by the two courts is uncodified law.                                                                  
                                                                                                                                
Co-Chair  Green asked  whether individuals  who  committed a  felony                                                            
could participate in the Wellness Court.                                                                                        
                                                                                                                                
Representative  Rokeberg expressed  that while  the majority  of the                                                            
individuals in  the Wellness Court had committed misdemeanors,  some                                                            
felons have been allowed in the program.                                                                                        
                                                                                                                                
Co-Chair Green  acknowledged. To that  point, she conveyed  that she                                                            
had heard  this  issue being  discussed by  people in  "some of  the                                                            
auxiliary departments".  They become "nervous" when  individuals who                                                            
had committed a felon participate  in the program, as "they consider                                                            
that a very different circumstance than the misdemeanor."                                                                       
                                                                                                                                
Representative Rokeberg  stressed that the two aforementioned courts                                                            
are  pilot   programs.  "They   are  subject   to  renewal   by  the                                                            
Legislature."  The two courts must  be provided "the same  tools" at                                                            
the  felony  level  as exists  at  the  District  Court  level.  The                                                            
authority to continue  the pilot programs would continue  to be with                                                            
the Legislature.                                                                                                                
                                                                                                                                
Co-Chair Green  asked for confirmation that the intent  would not be                                                            
to change  "the misdemeanor  court to a felony  court" and  that two                                                            
separate levels would be "clearly defined".                                                                                     
                                                                                                                                
Representative   Rokeberg  affirmed.  He  referenced   previous  DUI                                                            
legislation he  had sponsored that had provided Statutory  authority                                                            
to the  misdemeanor  courts. Those  courts currently  operate  under                                                            
codified law.                                                                                                                   
                                                                                                                                
[NOTE:  Due to  static  in the  recording,  some  of Representative                                                             
Rokeberg's remarks were inaudible.]                                                                                             
                                                                                                                                
Representative  Rokeberg noted that the third provision  proposed in                                                            
this  legislation would  require  that the  Courts  must impose  the                                                            
mandated  minimum DUI  fine levels.  The  minimum fine  for a  first                                                            
offense  DUI is  a minimum  of $1,500.  To this  point, "an  obscure                                                            
older Court of Appeals  case", Curtis v. State, has been utilized to                                                            
allow the courts to suspend  a portion or all of the fines specified                                                            
in State Statute.  This bill "would basically repeal  that case" and                                                            
require that the fines  authorized by the Legislature be imposed. He                                                            
noted that the First Judicial  District in Southeast Alaska has been                                                            
"the  biggest   offender"   in  this  regard.   The  Juneau   Empire                                                            
newspaper's  Court reports  consistently reflect  the fact  that the                                                            
majority of DUI fines are suspended.                                                                                            
                                                                                                                                
2:50:35 PM                                                                                                                    
                                                                                                                                
Co-Chair  Green asked whether  any other  Statutes exist that  would                                                            
prevent  a judge from  exercising  his or her  discretion to  impose                                                            
fines below the specified minimum fine level.                                                                                   
                                                                                                                                
Representative  Rokeberg  understood  that there  were; however,  he                                                            
deferred to the Department of Law in that regard.                                                                               
                                                                                                                                
Co-Chair Green stated that  further information in this regard would                                                            
be sought.                                                                                                                      
                                                                                                                                
Representative  Rokeberg  characterized  this as a  "good bill"  and                                                            
requested that it be reported from Committee.                                                                                   
                                                                                                                                
Co-Chair  Green voiced  the need  to know whether  "instructing  the                                                            
Court to do this and no less than this" was common practice.                                                                    
                                                                                                                                
Representative  Rokeberg  responded  that  a significant  number  of                                                            
hearings  were conducted  in conjunction  with previous legislation                                                             
that increased  DUI fine levels, mindful  of the fact that  there is                                                            
"a point  of diminishing  returns".  To that point,  the public  "is                                                            
very  concerned"  about  such  behavior,  and,  the  intent  of  the                                                            
Legislature  was to mandate $1,500  as being the minimum  fine for a                                                            
first offense  DUI, with there to be no Court discretion  allowed in                                                            
this regard. However,  after that legislation became  effective, the                                                            
Curtis v. State  case was utilized  by the Court as a means  through                                                            
which to lower fines below  the level authorized by the Legislature.                                                            
He  understood  that there  are  those  who conduct  what  could  be                                                            
likened  to "judge  shopping"  in the  First Judicial  District,  as                                                            
defense  councils  are  aware  of which  judges  are  stricter  than                                                            
others. This situation  "has cost the judicial system" a significant                                                            
amount  of money.  Revenues  would increase  were  the minimum  fine                                                            
levels upheld, even were  a portion of the fines suspended or waived                                                            
for those participating  in the Wellness Court programs. The bill is                                                            
accompanied by several  zero fiscal notes as well as a Department of                                                            
Law fiscal note  that depicts an increase in revenue  as a result of                                                            
mandating  the  minimum  fine  level, even  with  the  allowance  of                                                            
increasing  the amount of a fine that  could be suspended  or waived                                                            
in the Therapeutic  Court, as that would affect "a  relatively small                                                            
number  of  people".  The  Public  Defenders  Office's  fiscal  note                                                            
reflects  that this bill  would incur an  indeterminate increase  in                                                            
its expenses.  Nonetheless  the overall impact  of this legislation                                                             
would be to increase revenue.                                                                                                   
                                                                                                                                
Co-Chair  Green asked  whether  the State  is the  recipient of  any                                                            
National  Highway Traffic  Safety  Administration  funding, as  that                                                            
entity is often involved in these sorts of efforts.                                                                             
                                                                                                                                
Representative  Rokeberg   noted  that  there  is  consideration  of                                                            
expanding   the  pilot  program  to   include  the  communities   of                                                            
Ketchikan,  Juneau, and  Fairbanks.  The Wellness  Court program  is                                                            
anticipated  to   generate  a  significant  amount   of  money.  The                                                            
Therapeutic   Court  concept   is  receiving   significant   federal                                                            
government support because  it is producing results in "breaking the                                                            
revolving  door cycle"  of DUI  behavior. People's  lives are  being                                                            
changed.  This effort  is also  saving  money in  the Department  of                                                            
Corrections and other State programs.                                                                                           
                                                                                                                                
Co-Chair Green  understood that a  felony DUI is issued at  the time                                                            
of a third offense.                                                                                                             
                                                                                                                                
2:55:27 PM                                                                                                                    
                                                                                                                                
Representative  Rokeberg affirmed  that it would be a third  offense                                                            
conviction within a ten-year period.                                                                                            
                                                                                                                                
Co-Chair   Green   asked  regarding   the   DUI   Court   procedure;                                                            
specifically who might  be "the contact point" between court visits.                                                            
                                                                                                                                
Representative  Rokeberg responded  that each  Court might  have its                                                            
own procedure;  however,  the typical "template"  would include  the                                                            
judge and the  Court's case coordinator  who oversees each  person's                                                            
treatment  program. Historically,  the case  coordinator might  have                                                            
been a Department  of Corrections  Probation Officer (PO);  however,                                                            
through a cooperative  effort between the Department  of Corrections                                                            
and the Department  of Health and  Social Services, a transition  is                                                            
occurring  at  the  felony  level   in  which  an  employee  of  the                                                            
Department's   Alcohol  Safety  Action   Program  (ASAP)   and  case                                                            
coordinators  might  absorb  some  of the  workload  from  the  POs.                                                            
Additional   cooperation  would  be   required  from  the   District                                                            
Attorneys in  the Department of Law  and the Public Defender  Agency                                                            
and  private  councilors  in regards  to  the  admissions  screening                                                            
procedure.  "Not just everybody  gets into  these various  programs.                                                            
They have to have potentiality."                                                                                                
                                                                                                                                
Representative Rokeberg  stated that one of "the new features" would                                                            
be the use of pharmacological  drugs that has been proven successful                                                            
"in  helping  people  break  their  dependency  on  alcohol".  "Some                                                            
controversy" has accompanied  this treatment. Nonetheless, he voiced                                                            
concern that  this type of treatment  is not frequently utilized  in                                                            
the  two Anchorage  felony  pilot programs.  He also  disclosed  the                                                            
existence  of a "cultural  problem"  at the felony  level and  "some                                                            
resistance"  on the part  of the Department  of Corrections  and the                                                            
Department  of Law prosecutors. To  that point, he ascertained  that                                                            
that resistance is "breaking down".                                                                                             
                                                                                                                                
2:58:21 PM                                                                                                                    
                                                                                                                                
Representative   Rokeberg  continued   that  the  findings   of  the                                                            
Anchorage  pilot program  indicate  that,  with the  support of  the                                                            
various agencies, the program would work.                                                                                       
                                                                                                                                
Senator Dyson  voiced concern about the inability  of the Department                                                            
of Law's  Civil  Division's  computers to  link information  to  the                                                            
Department's  Criminal Division. As  a result, a judge might  not be                                                            
aware  of the  complete  situation.  Currently, the  Civil  Division                                                            
prints out their information  and someone carries it to the Criminal                                                            
Division, who  must enter it into  their computer. The Court  System                                                            
is addressing  this; however, this  significant administrative  link                                                            
"has not been working well".                                                                                                    
                                                                                                                                
Representative  Rokeberg  responded that  he had  investigated  this                                                            
issue  four  years  earlier when  he  was  the Chair  of  the  House                                                            
Judiciary Committee.  It has been frustrating that  "the Legislature                                                            
seems to be  unable to impress upon  the bureaucracy that  we are in                                                            
the 21st Century now. Technology  works and the only way we're going                                                            
to save money is to increase our productivity."                                                                                 
                                                                                                                                
Co-Chair  Green  understood   that  some  of  this  issue  would  be                                                            
addressed in the FY 06 budget.                                                                                                  
                                                                                                                                
Senator Dyson affirmed.                                                                                                         
                                                                                                                                
Representative Rokeberg  urged the Finance Committee to support such                                                            
action, as it would be  necessary in order to increase productivity.                                                            
"The private sector does it all the time."                                                                                      
                                                                                                                                
Co-Chair Green stated that support would be sought.                                                                             
                                                                                                                                
Co-Chair Green ordered the Bill HELD in Committee.                                                                              
                                                                                                                                
3:00:56 PM                                                                                                                    
                                                                                                                                

Document Name Date/Time Subjects