Legislature(2005 - 2006)BUTROVICH 205
04/21/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB136 | |
| HB131 | |
| HB132 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 131 | TELECONFERENCED | |
| + | HB 132 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| = | HB 136 | ||
HB 136-DRUNK DRIVING TREATMENT PROGRAM
8:38:32 AM
MS. HEATHER NOBREGA, staff to Representative Norman Rokeberg,
introduced HB 136. She explained HB 136 clarifies minimum fines
for the courts, it increases the amount of minimum fines that
can be waived for successful graduates of therapeutic court, and
it expands therapeutic courts for felony DUI cases.
8:40:46 AM
JUDGE JIM WANAMAKER testified HB 136 provides for therapeutic
courts to be created by local initiatives. Anchorage has a
municipal wellness court as well as a state wellness court.
Ketchikan and Juneau will both be in operation by summer of
2005. If wellness courts could be extended to include felonies,
it would help to create a workable volume of cases. HB 136 would
be a benefit to addressing the population of addicted offenders.
Wellness court is an ideal vehicle to getting sober.
8:43:26 AM
CHAIR SEEKINS asked Ms. Nobrega whether HB 136 would stop
suspension of sentences.
MS. NOBREGA answered the courts often pose the 33 day fine and
suspend 30 of them. Technically the hanging sentence is in case
of probation violation. HB 136 would allow courts to levy larger
fines but only suspend up to the minimum.
SENATOR FRENCH said the law we are considering changing would
make certain everyone pays the minimum fine, but HB 136 proposes
to suspend up to 75 percent of the minimum fine upon completion
of the wellness court.
MS. NOBREGA advised the reason for suspension is a carrot for
people as they go through the system. They have to pay for every
aspect of the program so suspension of 75 percent of the fine is
an incentive for them to fulfill the program.
8:47:33 AM
JUDGE WANAMAKER agreed. The defendant pleads guilty but the
actual sentencing occurs later after graduation of the program.
SENATOR FRENCH asked whether a second driving while intoxicated
(DWI) offense would be considered a second DWI or a second first
DWI.
JUDGE WANAMAKER responded it would be considered a second DWI.
SENATOR FRENCH asked why HB 136 felt it necessary to strengthen
the fine aspect.
JUDGE WANAMAKER said it was merely firming it up so offenders
have to pay the minimum fine.
8:49:58 AM
SENATOR HUGGINS asked the process of people wanting to attend
therapeutic court when they lack the means to pay for the
program.
JUDGE WANAMAKER said the mechanism is a grant fund where a
totally indigent person could obtain up to $1,000.
SENATOR HUGGINS asked the total cost for the 18-month program.
JUDGE WANAMAKER replied it was $7,000 and the defendant pays
$4,000 of it.
8:51:49 AM
MS. WENDY HAMILTON, Juneau Therapeutic Court coordinator,
testified in support of HB 136. The National Council on Drug and
Alcohol Dependents employs her. The Juneau therapeutic court
will be a misdemeanor and felony court. It is often the felons
who are most motivated to attend the program. It has been a
common practice for judges to suspend the fine when they believe
the defendant cannot afford to pay. People need incentives in
order to attend wellness courts.
8:53:43 AM
SENATOR FRENCH offered the long-term consequences of completion
of the program do not undo the conviction.
MS. HAMILTON agreed it would be on the person's record. She
asserted chronic alcoholics get a chance to go into recovery and
treatment for 18 months. Therapeutic courts combine the power of
the court with the power of treatment. In the first six months
the person gets sober and their life starts to change. People
start getting self-esteem; families' reunite and they support
each other through a support group. People change their lives
and that is a benefit to the public.
8:56:30 AM
SENATOR HUGGINS mentioned DWI implications when traveling in
Canada.
MS. HAMILTON said Canada is tightening up their borders. A
person with a criminal record will have to contact the
authorities and also pay a fine if allowed to travel through the
country.
9:02:21 AM
MS. THERESA THOMPSON, community development manager, United Way
Tanana Valley testified the United Way supports HB 136. The
community needs wellness courts. The United Way staged a
campaign to reduce alcohol and drug abuse in Anchorage. They
received a drug-free community support grant in the form of
$100,000 and hope to receive more. The grant will be used to
create multiple strategies across multiple sectors to combat
substance abuse.
9:04:17 AM
SENATOR HUGGINS asked Ms. Hamilton the timeline of the grant
that was given to the Juneau Therapeutic Courts.
MS. HAMILTON explained the current grant is for three years. It
is a National Highway Safety Transportation Administration
(NHSTA) grant, which is also being used to start the Ketchikan
and Fairbanks courts. There is a strong possibly for renewal for
another three years. This is NHSTA's approach to fighting drunk
driving. Therapeutic courts work.
JUDGE WANAMAKER added NHTSA is actively pushing federal money
down to the states to help build therapeutic courts. There is a
lot of money available in a discretionary account so it is an
opportune time to get it going.
9:08:09 AM
CHAIR SEEKINS noted the DOL said this could lead to more trials,
which could be a fiscal impact.
SENATOR FRENCH said it was a good bill but he was surprised to
learn that judges were suspending the fines.
SENATOR HUGGINS moved HB 136 from committee with individual
recommendations and attached fiscal note(s). There being no
objection, the motion carried.
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