Legislature(2001 - 2002)

04/05/2001 01:42 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                  HOUSE FINANCE COMMITTEE                                                                                       
                       April 5, 2001                                                                                            
                          1:42 PM                                                                                               
                                                                                                                                
TAPE HFC 01 - 73, Side A                                                                                                        
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Williams called the House  Finance Committee meeting                                                                   
to order at 1:42 PM.                                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Eldon Mulder, Co-Chair                                                                                           
Representative Bill Williams, Co-Chair                                                                                          
Representative Con Bunde, Vice-Chair                                                                                            
Representative Eric Croft                                                                                                       
Representative John Davies                                                                                                      
Representative Carl Moses                                                                                                       
Representative Richard Foster                                                                                                   
Representative John Harris                                                                                                      
Representative Ken Lancaster                                                                                                    
Representative Jim Whitaker                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Bill Hudson                                                                                                      
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Representative  Brian Porter;  Dean Guaneli, Chief  Assistant                                                                   
Attorney General, Criminal Division,  Department of Law; Mike                                                                   
Tibbles, Staff, Representative Mulder;                                                                                          
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Janet   McCabe,  Partners   for   Downtown  Progress;   Kac'e                                                                   
McDowell,  Cabaret Hotel and  Restaurant Retail  Association;                                                                   
Barbara Brink, Director, Public Defender Agency;                                                                                
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 172    "An   Act  relating   to  therapeutic  courts   for                                                                   
          offenders and to the authorized number of superior                                                                    
          court judges."                                                                                                        
                                                                                                                                
          CSHB 172 (FIN) was REPORTED out of Committee with                                                                     
          a "do pass" recommendation  and with two new fiscal                                                                   
          impact  notes by  House Finance  Committee: one  by                                                                   
          the   Department   of   Law   and   Department   of                                                                   
          Administration;  and   three  previously  published                                                                   
          fiscal notes: #2, #4, and #5.                                                                                         
HOUSE BILL NO. 172                                                                                                            
                                                                                                                                
     "An Act relating to therapeutic courts for offenders                                                                       
     and to the authorized number of superior court judges."                                                                    
                                                                                                                                
Co-Chair  Williams MOVED  to ADOPT Amendment  #1, work  draft                                                                   
22-LS0612\L.3,  Luckhaupt, 4/2/01  (copy  on file).  Co-Chair                                                                   
Mulder OBJECTED for the purpose of discussion.                                                                                  
                                                                                                                                
REPRESENTATIVE   BRIAN   PORTER,   SPONSOR   explained   that                                                                   
Amendment  1  eliminates  timelines   and  allows  the  court                                                                   
greater flexibility.  The change  would also allow  the court                                                                   
to  address  probation  violations in  conjunction  with  the                                                                   
original DWI offense.                                                                                                           
                                                                                                                                
There being NO OBJECTION, Amendment 1 was adopted.                                                                              
                                                                                                                                
Co-Chair  Williams MOVED  to ADOPT Amendment  #2, work  draft                                                                   
22-LS0612\L.4,  Luckhaupt, 4/2/01  (copy  on file).  Co-Chair                                                                   
Mulder OBJECTED for the purpose of discussion.                                                                                  
                                                                                                                                
Representative  Porter  noted  that the  amendment  addresses                                                                   
concerns  of the Department  of Health  and Social  Services.                                                                   
The House Judiciary  Committee passed an  amendment requiring                                                                   
the department  to advance  funding to  allow individuals  to                                                                   
participate. The  department expressed concern  that they did                                                                   
not have  a program in  place. The treatment  is going  to be                                                                   
provided  by a  third  party provider.  He  observed that  it                                                                   
would  be more  convenient for  the third  party provider  to                                                                   
advance the funds.  The amendment transfers the  authority to                                                                   
advance money to the third party  provider. The Department of                                                                   
Health  and Social Services  fiscal cost  for these  services                                                                   
would not be needed.                                                                                                            
                                                                                                                                
There being NO OBJECTION, Amendment 2 was adopted.                                                                              
                                                                                                                                
In  response  to  a  question  by  Representative  Lancaster,                                                                   
Representative  Porter  noted  that  the  provider  would  be                                                                   
responsible for administering  naltrexone. Participants would                                                                   
need to obtain a prescription from a doctor.                                                                                    
                                                                                                                                
MIKE  TIBBLES,  STAFF,  REPRESENTATIVE  MULDER  reviewed  the                                                                   
fiscal  notes.  He  recommended  that published  note  #3  be                                                                   
retained. He observed that the  Alaska Court System requested                                                                   
$85  thousand  dollars for  the  existing District  Court  in                                                                   
Anchorage  (Judge Wanamaker's  Wellness  Court). He  observed                                                                   
that  funding for  the  Wellness Court  is  requested in  the                                                                   
capital  budget. He  added that  the new  fiscal impact  note                                                                   
from the Department  of Health and Social Services  for $55.6                                                                   
thousand dollars would  not be needed due to  the transfer of                                                                   
authority  to the third  party providers  in Amendment  1. He                                                                   
noted that treatment would still  be funded in the Department                                                                   
of Health  and Social Services'  $501 thousand  dollar fiscal                                                                   
note (published note #5).                                                                                                       
                                                                                                                                
Mr. Tibbles  reviewed revisions  to fiscal  notes #1  and #4.                                                                   
The  Department of  Law's  fiscal note  was  reduced by  $198                                                                   
thousand  dollars in  the personal services  line to  reflect                                                                   
one attorney in Anchorage and one in Bethel.                                                                                    
                                                                                                                                
Representative  Croft  questioned   why  the  attorneys  were                                                                   
reduced. Mr. Tibbles noted that  the legislation would handle                                                                   
80 cases. A  hundred cases now covered by the  district court                                                                   
would  be bumped  up  to the  superior  court. Two  attorneys                                                                   
would be approved for the additional workload.                                                                                  
                                                                                                                                
Mr. Tibbles noted that he discussed  the fiscal note revision                                                                   
with the  Legislative  Finance Division  and the sponsor.  He                                                                   
did not  review the  change with  the Department  of Law.  He                                                                   
noted  that   Bethel  received  funding  for   an  additional                                                                   
District  Court   in  FY01.  The  legislation   elevates  the                                                                   
District  Court to  a Superior  Court. The  reduction of  $77                                                                   
thousand  dollars in  Bethel reflects  the belief that  there                                                                   
would not be any additional caseload.                                                                                           
                                                                                                                                
Co-Chair Mulder stressed  the need to reduce the  cost of the                                                                   
legislation. He noted that the  intent is not to diminish the                                                                   
focus of the bill or its ability  to succeed. He thought that                                                                   
the reduction would be workable.                                                                                                
                                                                                                                                
Representative Croft  expressed concern the department  is in                                                                   
the best  position to  make the assessment  of need.  He felt                                                                   
that the  fiscal notes were  reasonable and pointed  out that                                                                   
participants  are  required  to  follow  elaborate  steps  to                                                                   
fulfill  their agreement.  Any misstep  could result  in jail                                                                   
time.                                                                                                                           
                                                                                                                                
Representative Porter responded  that the treatment providers                                                                   
and probation  officers tract the participants'  activity. He                                                                   
maintained  that  resources  exist   for  the  Bethel  court.                                                                   
Resources have  been added in Anchorage, although  the fiscal                                                                   
note does not add the full amount.                                                                                              
                                                                                                                                
DEAN  GUANELI,  CHIEF ASSISTANT  ATTORNEY  GENERAL,  CRIMINAL                                                                   
DIVISION,  DEPARTMENT  OF LAW  discussed  the revised  fiscal                                                                   
note for  the Department  of Law. He  stated that  the fiscal                                                                   
note would provide  the department with  sufficient resources                                                                   
to make the program work. The  department is committed to the                                                                   
program. He  observed that the  department's fiscal  note was                                                                   
based on their assessment of what  was needed, but added that                                                                   
the fiscal  note would give them  a good start.  He indicated                                                                   
that  the   funding  could  be   reassessed  if  it   is  not                                                                   
sufficient.                                                                                                                     
                                                                                                                                
Mr.  Tibbles  discussed  the  revised  fiscal  note  for  the                                                                   
Department  of  Administration  (published  note #1.  It  was                                                                   
reduced  by $73  thousand dollars  in  the personal  services                                                                   
line. This  is the amount that  was added in the  FY01 budget                                                                   
for  the District  Court  in Bethel.  There  are currently  5                                                                   
attorneys in Bethel.                                                                                                            
                                                                                                                                
Representative  Porter stressed  that his  intent is  to make                                                                   
the  program work.  He stated  that  he would  listen to  any                                                                   
reasonable  requests if any  of the  agencies come  back with                                                                   
information indicating that more resources are needed.                                                                          
                                                                                                                                
BARBARA  BRINK, DIRECTOR,  PUBLIC  DEFENDER AGENCY  testified                                                                   
via teleconference.  She expressed concern with  the level of                                                                   
resources.  She   spoke  in  support  of  the   program.  She                                                                   
indicated that  the fiscal note submission  was conservative.                                                                   
She clarified  that no  resources were  added to Bethel  with                                                                   
the  addition  of  the  district court  judge  in  FY01.  She                                                                   
expressed   concern  that   there   be  sufficient   attorney                                                                   
resources  to cover the  proceedings.  There are two  lawyers                                                                   
that cover  misdemeanors, two that  do felonies and  one that                                                                   
covers child  protection proceedings in Bethel.  She observed                                                                   
that the  elevation to  a superior  court could increase  the                                                                   
number of child protection proceedings in Bethel.                                                                               
                                                                                                                                
Representative  Whitaker questioned  when  the pilot  program                                                                   
would be expanded to other areas.                                                                                               
                                                                                                                                
Representative  Porter  responded  that  the success  of  the                                                                   
program  would  be  demonstrated  over  subsequent  years  as                                                                   
recidivism  is  reduced.  He  thought  that  there  would  be                                                                   
antidotal evidence within a year.  Within the next year there                                                                   
would be  sufficient indication  and evaluation to  determine                                                                   
if the program should be kept in place.                                                                                         
                                                                                                                                
Co-Chair Mulder asked if the Department  of Health and Social                                                                   
Services  had provided  baseline information.  Representative                                                                   
Davies  noted   that  a  floor  amendment  could   be  added.                                                                   
Representative   Porter   agreed   that  an   objective   and                                                                   
meaningful evaluation is a major requirement.                                                                                   
                                                                                                                                
Co-Chair  Mulder maintained  his concern  regarding the  need                                                                   
for agreed  upon baseline  information.  He suggested  that a                                                                   
letter  of intent  be prepared  for floor  adoption, so  that                                                                   
performance based missions and measurements be attached.                                                                        
                                                                                                                                
Representative  Porter agreed  with Co-Chair Mulder's  intent                                                                   
and noted  that baseline  information  would be available  on                                                                   
the   participants.  Their   recidivism   history  would   be                                                                   
available  and   their  post  participation   behavior  would                                                                   
provide a measure.                                                                                                              
                                                                                                                                
Representative Davies  agreed with Representative  Porter and                                                                   
added  that the  recidivism  rate  of the  entire  population                                                                   
should be examined and compared  to the recidivism rate after                                                                   
the  program  has operated  to  see  if  it provides  a  step                                                                   
forward. He emphasized  that it would be appropriate  to have                                                                   
a clear understanding of measurement.                                                                                           
                                                                                                                                
Co-Chair Mulder MOVED to report CSHB 172 (FIN) out of                                                                           
Committee with the accompanying fiscal notes.                                                                                   
                                                                                                                                
CSHB  172 (FIN)  was REPORTED  out  of Committee  with a  "do                                                                   
pass" recommendation and with  two new fiscal impact notes by                                                                   
House Finance  Committee: one  by the  Department of  Law and                                                                   
Department of Administration;  and three previously published                                                                   
fiscal notes: #2, #4, and #5.                                                                                                   
ADJOURNMENT                                                                                                                   
                                                                                                                                
The meeting was adjourned at 2:20 p.m.                                                                                          

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