Legislature(2015 - 2016)BELTZ 105 (TSBldg)

04/01/2015 01:30 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Bills Previously Heard/Scheduled:
+ SB 23 IMMUNITY FOR PROVIDING OPIOID OD DRUG TELECONFERENCED
Moved CSSB 23(JUD) Out of Committee
*+ SB 82 ALCOHOL/SUBST ABUSE PROGRAM MITIGATION TELECONFERENCED
Moved SB 82 Out of Committee
+ Bills Previously Heard/Scheduled: TELECONFERENCED
= HCR 3 ENDORSING ANWR LEASING
Moved SCS CSHCR 3(JUD) Out of Committee
         SB  82-ALCOHOL/SUBST ABUSE PROGRAM MITIGATION                                                                      
                                                                                                                                
2:33:05 PM                                                                                                                    
CHAIR  MCGUIRE announced  the  consideration  of SB  82. "An  Act                                                             
relating to mitigating factors at sentencing."                                                                                  
                                                                                                                                
2:33:31 PM                                                                                                                    
GENEVIEVE WOJTUSIK,  Staff, Senator McGuire, introduced  SB 82 on                                                               
behalf  of the  sponsor. She  explained  that the  bill allows  a                                                               
judge to consider  participation in the 24/7  sobriety program as                                                               
a mitigating  factor at the  time of sentencing.  She highlighted                                                               
that this  program is very  cost effective  at less than  $30 per                                                               
day, whereas it  costs over $140 per day to  house an inmate. The                                                               
bill has zero  fiscal notes from the Alaska Court  System and the                                                               
Department of Health and Social Services.                                                                                       
                                                                                                                                
2:35:05 PM                                                                                                                    
BILL MICKELSON, Consultant, 24/7  Sobriety Program, South Dakota,                                                               
testified in  support of  SB 82. He  explained that  he developed                                                               
and implemented  the 24/7 program  in South Dakota had  it's been                                                               
operating  successfully  for  about  11 years.  He  currently  is                                                               
overseeing implementation in other  states and has visited Alaska                                                               
several times to discuss implementation.  The 24/7 program brings                                                               
discipline   and  SB   82  provides   a  reward   for  successful                                                               
participation in the program.                                                                                                   
                                                                                                                                
CHAIR MCGUIRE  observed that it makes  sense to give a  judge the                                                               
opportunity  to  consider  participation  in  the  program  as  a                                                               
mitigating factor. It's a savings  to the state, communities, and                                                               
families.                                                                                                                       
                                                                                                                                
2:37:43 PM                                                                                                                    
DENNIS JOHNSON, Director, Alaska  Pretrial Services, testified in                                                               
support of SB 82. He  described the 24/7 program as revolutionary                                                               
to pretrial  and the criminal  justice system. He shared  a story                                                               
to illustrate why SB 82 is  so important. A young man who entered                                                               
the 24/7 program as he  awaited sentencing found housing and held                                                               
down a fulltime job while  meeting the twice daily testing regime                                                               
plus three random  tests each week. He did  this successfully for                                                               
almost  five months.  At sentencing  he took  ownership for  what                                                               
he'd done and told the judge  what he'd accomplished while he was                                                               
out of  custody. Because there was  no way for the  judge to give                                                               
him  credit for  what  he'd done,  he was  sentenced  to 90  days                                                               
incarceration. He lost his job.                                                                                                 
                                                                                                                                
MR. JOHNSON  said we're  asking people  to change  their behavior                                                               
and when  they do  they aren't  given credit.  This flies  in the                                                               
face of the efforts to  reduce the number of nonviolent offenders                                                               
in  prison and  decrease the  need  to build  another prison.  He                                                               
pointed out the  success of the 24/7 program  in Anchorage. There                                                               
have been  just three alcohol fails  in 6,544 tests and  two drug                                                               
fails in 791 tests. He encouraged the members to pass the bill.                                                                 
                                                                                                                                
CHAIR MCGUIRE thanked Mr. Johnson for the work he does.                                                                         
                                                                                                                                
SENATOR WIELECHOWSKI  expressed appreciation and support  for the                                                               
work that Mr. Johnson has done for the Anchorage community.                                                                     
                                                                                                                                
CHAIR MCGUIRE  asked Mr.  Piper if the  Department of  Health and                                                               
Social Services had taken a position on SB 82.                                                                                  
                                                                                                                                
2:44:26 PM                                                                                                                    
TONY PIPER,  Social Services  Program Coordinator,  Department of                                                               
Health and  Social Services  (DHSS), said he  didn't know  if the                                                               
department had  taken a  stand on  the bill  but they  do believe                                                               
that the  program is working.  He echoed Mr.  Johnson's testimony                                                               
that people  on the 24/7  program invest effort to  be successful                                                               
in  the program  and it  seems logical  that they  should receive                                                               
benefit at sentencing.                                                                                                          
                                                                                                                                
2:45:19 PM                                                                                                                    
CHAIR  MCGUIRE  found no  further  testifiers  and closed  public                                                               
testimony.                                                                                                                      
                                                                                                                                
2:45:36 PM                                                                                                                    
SENATOR  COGHILL motioned  to report  SB 82  from committee  with                                                               
individual recommendations and two zero fiscal notes.                                                                           
                                                                                                                                
CHAIR  MCGUIRE  announced  that   without  objection,  SB  82  is                                                               
reported from the Senate Judiciary Standing Committee.                                                                          

Document Name Date/Time Subjects
1 CSSB23 Version E.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
2 CSSB23 (JUD) Sectional Analysis.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
3 CSSB23 (JUD) Explanation of Changes.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4 SB23 Supporting Doc_State Naloxone and Good Samaritan Legislation.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.1 SB23 Supporting Doc_Legal Interventions to Reduce Overdose Mortality.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.2 SB23 Supporting Doc_The Changing Face of Heroin.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.3 SB23 Supporting Doc_ States Expand Access to Overdose-Reversal Drug.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.4 SB23 Supporting Doc_2014 Alaska State Troopers Report.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.5 SB23 Supporting Doc_ Administer Naloxone.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.6 SB23 Supporting Doc_ Leg Legal Memo RE DOC applicability.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.7 SB23 Supportig Doc_ APD Calls Overdose Deaths an Epidemic.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.8 SB23 Supporting Doc_Changing Law from Barrier to Facilitator of Opioid Overdose Prevention.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
8 SB43 Supporting Doc_AS 09.65.070.pdf SJUD 4/1/2015 1:30:00 PM
SB 43
4.9 SB23 Supporting Doc_Overdosed and Overrun - Alaska's heroin epidemic.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.10 SB23 Supporting Doc_Valley heroin use 'epidemic'.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.11 SB23 Supporting Doc_ JPD drug take nears Anchorage levels.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
4.12 SB23 Supporting Doc_ADN Article 6 arrested in Kenai Peninsula meth heroin bust.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
5 SB23 Letter of Support_ Alaska State Medical Association.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
5.1 SB23 Letter of Support_Alaska Mental Health Trust Letter of Support.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
5.2 SB23 Letter of Support_ABADA AMHB.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
5.3 SB23 Letter of Support_Narcotic Drug Treatment Center.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
5.4 SB23 Letter of Support_APDEA.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
6 SB23 Fiscal Note #1.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
6.1 SB23 Fiscal Note #2.pdf SJUD 4/1/2015 1:30:00 PM
SB 23
1 SB82 Version A.PDF SJUD 4/1/2015 1:30:00 PM
SB 82
2 SB82 Sponsor Statement.pdf SJUD 4/1/2015 1:30:00 PM
SB 82
3 SB82 Supporting Doc_ Presentation 24.7 Sobriety program.ppt SJUD 4/1/2015 1:30:00 PM
SB 82
3.1 SB82 Supporting Doc_ADN article.docx SJUD 4/1/2015 1:30:00 PM
SB 82
3.2 SB82 Supporting Doc_WA Program.pdf SJUD 4/1/2015 1:30:00 PM
SB 82
4 SB82 Fiscal Note #1.pdf SJUD 4/1/2015 1:30:00 PM
SB 82
4.1 SB82 Fiscal Note #2.pdf SJUD 4/1/2015 1:30:00 PM
SB 82
1 HCR3 Version H.pdf SJUD 4/1/2015 1:30:00 PM
HCR 3
2 HCR3 Sponsor Statement.pdf SJUD 4/1/2015 1:30:00 PM
HCR 3
3 HCR3 Supporting Doc_RLS Memo.pdf SJUD 4/1/2015 1:30:00 PM
HCR 3
4 HCR 3 Amendment #1.pdf SJUD 4/1/2015 1:30:00 PM
HCR 3