03/23/2006 09:00 AM Senate FINANCE

10:09:11 AM                                                                                                                   
                                                                                                                                
                                                                                                                                
     CS FOR SENATE BILL NO. 284(JUD)                                                                                            
     "An  Act relating  to  sentencing for  the  commission of  a                                                               
     felony while under the influence of alcohol."                                                                              
                                                                                                                                
                                                                                                                                
This was  the first hearing for  this bill in the  Senate Finance                                                               
Committee.                                                                                                                      
                                                                                                                                
10:09:44 AM                                                                                                                   
                                                                                                                                
Senator Therriault, sponsor of the  bill, stated this legislation                                                               
would provide aide  for law enforcement and  courts in addressing                                                               
a  societal  problem. He  read  the  sponsor statement  into  the                                                               
record as follows.                                                                                                              
                                                                                                                                
     In the  interest of public  safety and reducing the  rate of                                                               
     recidivism   among  certain   violent   offenders,  I   have                                                               
     introduced Senate Bill  284 giving judges a  new option when                                                               
     sentencing  felons who  commit crimes  against persons.  (AS                                                               
     11.41)                                                                                                                     
                                                                                                                                
     In  instances that  clear and  convincing  evidence shows  a                                                               
     long-term pattern  of alcohol abuse as  a major contributing                                                               
     factor  in  the commission  of  a  violent crime  against  a                                                               
     person, or in  the case of extreme DUI  convictions, a judge                                                               
     may impose  as a condition  of sentencing, up to  a lifetime                                                               
     prohibition on the use of alcohol.                                                                                         
                                                                                                                                
     This  legislation  is  intended  to  accomplish  three  main                                                               
     objectives.  The  first  is  to allow  courts  to  remove  a                                                               
     controlled  substance  from  those  who have  a  long  track                                                               
     record of  being dangerous when  they use it. The  second is                                                               
     to  prevent  future  acts  of  violence  by  establishing  a                                                               
     different  threshold for  re-arrest  before actual  violence                                                               
     may  occur.  The  third  goal is  to  establish  a  lifelong                                                               
     deterrent  to  offenders  who  might be  tempted  to  use  a                                                               
     substance that unleashes their violent nature.                                                                             
                                                                                                                                
10:11:35 AM                                                                                                                   
                                                                                                                                
Senator  Therriault informed  that he  has collaborated  with the                                                               
Department of Law to shorten the  bill. The Division of Legal and                                                               
Research  Services  drafter  agrees the  new  language  structure                                                               
would be sensible and prepared a new committee substitute.                                                                      
                                                                                                                                
10:12:13 AM                                                                                                                   
                                                                                                                                
Co-Chair Green suggested the  proposed committee substitute could                                                               
be  distributed at  this  time  to allow  members  to review  the                                                               
changes. She agreed the current version was repetitive.                                                                         
                                                                                                                                
10:13:30 AM                                                                                                                   
                                                                                                                                
Senator   Therriault  explained   that  the   proposed  committee                                                               
substitute summarizes the references to other statutes.                                                                         
                                                                                                                                
10:13:52 AM                                                                                                                   
                                                                                                                                
Co-Chair  Wilken  offered  a  motion  to adopt  CS  SB  284,  24-                                                               
LS0581\L, as a working document.                                                                                                
                                                                                                                                
There was  no objection and CS  SB 284, Version "L",  was ADOPTED                                                               
as a working document.                                                                                                          
                                                                                                                                
10:14:14 AM                                                                                                                   
                                                                                                                                
ANNE  CARPENETI,  Assistant   Attorney  General,  Legal  Services                                                               
Section,  Criminal Division,  Department  of  Law, explained  the                                                               
shortened  committee  substitute.   Judges  need  the  guidelines                                                               
provided in this legislation. The Department supports this bill.                                                                
                                                                                                                                
10:15:38 AM                                                                                                                   
                                                                                                                                
Co-Chair  Green   indicated  she   would  review   the  committee                                                               
substitute.  When  she first  learned  of  this effort,  she  was                                                               
skeptical it  could be  successful. She  has since  concluded the                                                               
guidelines could be helpful.                                                                                                    
                                                                                                                                
The bill was HELD in Committee.