Legislature(2001 - 2002)
04/05/2001 01:42 PM House FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ 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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