Legislature(2005 - 2006)BUTROVICH 205
04/12/2006 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB318 | |
| SB134 | |
| HB441 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 318 | TELECONFERENCED | |
| += | SB 134 | TELECONFERENCED | |
| + | HB 441 | TELECONFERENCED | |
HB 441-THERAPEUTIC COURT FOR DUI
9:57:20 AM
CHAIR RALPH SEEKINS announced CSHB 441(FIN) version to be up for
consideration.
SENATOR GENE THERRIAULT moved to adopt version I as the working
document before the committee. Hearing no objections, the motion
carried.
REPRESENTATIVE NORMAN ROKEBERG introduced the bill and explained
that it was a culmination of several years of effort to fund and
organize wellness courts in the State of Alaska. Recently the
Senate Judiciary Committee heard an overview from professionals
around the country of how successful therapeutic courts were and
Alaska should join the trend and get the courts up and running.
10:02:57 AM
SENATOR GRETCHEN GUESS referred to page 3 lines 11-13 and asked
whether she was correct in her understanding that if a person
has been to a therapeutic court more than twice that they can no
longer participate in the program. She asked whether there were
other court ordered programs that occurred in the person's
distant past that would count them out of the wellness court.
REPRESENTATIVE ROKEBERG replied the intent was that if a person
continually "messes up" then they wouldn't be allowed back into
the program.
SENATOR GUESS asked whether it would count if they started the
wellness court and dropped out.
REPRESENTATIVE ROKEBERG replied yes.
10:04:36 AM
SENATOR HOLLIS FRENCH asked the reason that the Anchorage ASAP
program wouldn't count as a court-ordered treatment program.
10:05:49 AM
DOUG WOOLIVER, Administrative Attorney, Alaska Court System,
voiced support for the bill. To answer Senator French's
question, that language refers to a court ordered treatment
program under the new Section 28, which is limited to
therapeutic court. Other failed attempts would not count toward
the limit.
SENATOR FRENCH referred to page 4, subsection (c) and said it
integrates the "no bail for convicts provision." He wanted to
make sure there was no conflict between the two ideas.
MR. WOOLIVER responded there was no conflict because subsection
(c) refers to people who have failed the program.
10:08:30 AM
SENATOR FRENCH said to be clear the person has pled guilty to
the offense and so he was curious as to how they can justify in
this case releasing the defendant to the court-ordered program
and not to the Department of Corrections.
MR. WOOLIVER said this case would be meeting conditions of the
bail because it is the judge-ordered continuation of the
program.
SUSAN PARKES, Deputy Attorney General, Department of Law (DOL),
agreed with Mr. Wooliver in that there was no conflict. The bail
bill that Senator French was referring related to temporary
releases and releasing someone for the purpose of attending a
treatment program would be part of the bail conditions. The
therapeutic court program is not a temporary program. If the
person fails out of the program they would be remanded to new
bail conditions.
10:11:02 AM
MR. WOOLIVER advised the committee that the program was already
underway in many parts of the state and the DOL is currently
developing other models.
SENATOR FRENCH asked whether the bill changed any DUI look-back
provisions.
MR. WOOLIVER said no.
10:14:06 AM
CHAIR SEEKINS closed public testimony.
SENATOR GUESS moved SCS CSHB 441(JUD) from committee with
individual recommendations and attached fiscal notes. Hearing no
objections, the motion carried.
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