Legislature(2003 - 2004)

03/09/2004 01:44 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                     HOUSE FINANCE COMMITTEE                                                                                    
                         March 09, 2004                                                                                         
                            1:44 P.M.                                                                                           
                                                                                                                                
  TAPE HFC 04 - 55, Side A                                                                                                      
  TAPE HFC 04 - 55, Side B                                                                                                      
                                                                                                                                
  CALL TO ORDER                                                                                                               
                                                                                                                                
  Co-Chair Williams called the House Finance Committee  meeting                                                                 
  to order at 1:44 P.M.                                                                                                         
                                                                                                                                
  MEMBERS PRESENT                                                                                                             
                                                                                                                                
  Representative John Harris, Co-Chair                                                                                          
  Representative Bill Williams, Co-Chair                                                                                        
  Representative Kevin Meyer, Vice-Chair                                                                                        
  Representative Eric Croft                                                                                                     
  Representative Hugh Fate                                                                                                      
  Representative Richard Foster                                                                                                 
  Representative Reggie Joule                                                                                                   
  Representative Bill Stoltze                                                                                                   
                                                                                                                                
                                                                                                                                
  MEMBERS ABSENT                                                                                                              
                                                                                                                                
  Representative Mike Chenault                                                                                                  
  Representative Mike Hawker                                                                                                    
  Representative Carl Moses                                                                                                     
                                                                                                                                
                                                                                                                                
  ALSO PRESENT                                                                                                                
                                                                                                                                
  Representative Ralph  Samuels;  Doug Wooliver,  Alaska  Court                                                                 
  System, Anchorage; Sara Nielson, Staff, Representative  Ralph                                                                 
  Samuels                                                                                                                       
                                                                                                                                
  PRESENT VIA TELECONFERENCE                                                                                                  
                                                                                                                                
  Judge Stephanie  Joannides, Alaska  Court System,  Anchorage;                                                                 
  Judge Leonard Devaney, Alaska Court System, Bethel;  Michelle                                                                 
  Bartley, Division of Behavior Health, Department  of Health &                                                                 
  Social Services, Anchorage                                                                                                    
                                                                                                                                
  SUMMARY                                                                                                                     
                                                                                                                                
  HB 451    An  Act   relating  to   therapeutic  courts;   and                                                                 
            providing for an effective date.                                                                                    
                                                                                                                                
            HB 451 was reported out of Committee with a "do                                                                     
            pass" recommendation and with a new fiscal  note by                                                                 
            the Alaska  Court System,  zero fiscal  note #1  by                                                                 
            Department of Administration,  zero note #2  by the                                                                 
            Department  of Corrections,  zero  note #3  by  the                                                                 
          Department of Health & Social Services and zero                                                                       
          note #4 by the Department of Law.                                                                                     
                                                                                                                                
HJR 4     Proposing an amendment to the Constitution of the                                                                     
          State of Alaska relating to the duration of a                                                                         
          regular session.                                                                                                      
                                                                                                                                
          CS HJR 4 (STA) was reported out of Committee with                                                                     
          a "no recommendation" and with fiscal note #3 by                                                                      
          the Office of the Lt. Governor and fiscal note #4                                                                     
          by the Legislative Affairs Agency.                                                                                    
                                                                                                                                
HOUSE BILL NO. 451                                                                                                            
                                                                                                                                
     An Act relating to therapeutic courts; and providing                                                                       
     for an effective date.                                                                                                     
                                                                                                                                
DOUG WOOLIVER,  ALASKA COURT  SYSTEM, ANCHORAGE,  stated that                                                                   
HB  451 would  extend  the  termination  date for  two  pilot                                                                   
therapeutic  court programs  until after  a planned  study of                                                                   
the  Courts   had  been   completed  and   reviewed   by  the                                                                   
Legislature.    The  bill  removes a  sunset  clause  to  the                                                                   
Anchorage  Superior Court  judge position  that was  added to                                                                   
administer one of the therapeutic courts.                                                                                       
                                                                                                                                
In 2001,  the Legislature  passed HB  172, which  established                                                                   
felony-level  Therapeutic  Courts  in Anchorage  and  Bethel.                                                                   
Each Court  was set up  as a pilot  program scheduled  to run                                                                   
for three  years.   The Anchorage Court  admits those  with a                                                                   
felony  conviction  for driving  under  the  influence of  an                                                                   
alcoholic beverage, inhalant,  or controlled substance (DUI).                                                                   
The Bethel Court admits those  convicted of either felony DUI                                                                   
or certain felony drug offenses.   The findings section of HB
172 explains the purpose of the Courts:                                                                                         
                                                                                                                                
     The   purposes  of   Therapeutic   courts  are   lasting                                                                   
     sobriety  of  offenders,   protection  of  society  from                                                                   
     alcohol-related  and drug-related crime,  prompt payment                                                                   
     of   restitution  to   victims   of  crimes,   effective                                                                   
     interaction   and  use   of  resources  among   criminal                                                                   
     justice   and   community    agencies,   and   long-term                                                                   
     reduction  of  costs  relating  to  arrest,  trial,  and                                                                   
     incarceration.                                                                                                             
                                                                                                                                
Mr.  Wooliver   stated  that   in  order  to   determine  the                                                                   
effectiveness  of  the  Courts,   the  Judicial  Council  was                                                                   
charged  with  evaluating them  and  publishing  a study  for                                                                   
legislative review.   Unfortunately,  both the Anchorage  and                                                                   
Bethel programs sunset before  the evaluation is scheduled to                                                                   
be complete  and because  the  report is to  be published  in                                                                   
July, before  the Legislature  has an  opportunity to  review                                                                   
  the evaluation.  If  the Legislature looks at the  evaluation                                                                 
  study and  decides  that  the programs  should  continue,  it                                                                 
  would be too  late and  both programs would  have ended  more                                                                 
  than a year earlier.   In order to  fix that problem, HB  451                                                                 
  would extend the termination date of the pilot  program until                                                                 
  after the Legislature  has had an  opportunity to review  the                                                                 
  effectiveness.                                                                                                                
                                                                                                                                
  HB 451  removes  a  sunset  clause  from HB  172  that  would                                                                 
  terminate the Anchorage  Superior Court judge position  added                                                                 
  by the bill.  The new judge was necessary not only  to do the                                                                 
  work of the  Therapeutic Court  but also  to help absorb  the                                                                 
  growing felony  caseload  in Anchorage.   The  sunset  clause                                                                 
  would  take  effect  this   summer  at  the  same  time   the                                                                 
  Therapeutic Court  program was  scheduled to end.   Not  only                                                                 
  will that mean the end of the felony Therapeutic  Court, also                                                                 
  mean that  Anchorage  will  have  one less  judge  for  other                                                                 
  Superior  Court  work.    The  Therapeutic  Court   judge  in                                                                 
  Anchorage spends most of  her time on general Superior  Court                                                                 
  work unrelated to therapeutic  court cases.  If the  Judicial                                                                 
  System looses  the  judicial  position,  it will  impact  all                                                                 
  Superior Court cases in Anchorage.                                                                                            
                                                                                                                                
  Mr. Wooliver  concluded that  the  loss of  a Superior  Court                                                                 
  judge in Anchorage  would return the  State to the number  of                                                                 
  judges initially established  in 1984.  Since that time,  the                                                                 
  felony  caseload in  Anchorage  has  increased  approximately                                                                 
  100%.    Alaska  cannot  afford  to  lose  a  Superior  Court                                                                 
  position in Anchorage  and to return  to a level of  judicial                                                                 
  coverage that was appropriate 20 years ago.                                                                                   
                                                                                                                                
  JUDGE STEPHANIE  JOANNIDES, (TESTIFIED  VIA TELECONFERENCE),                                                                  
  ALASKA COURT SYSTEM,  ANCHORAGE, voiced her frustration  with                                                                 
  sentencing more and  more people for  longer periods of  time                                                                 
  when they continue to re-offend.  She claimed that  the State                                                                 
  can no  longer afford to  keep doing  that both  economically                                                                 
  and from a  public safety perspective.   The State must  look                                                                 
  at new ways of doing business.  Because of that  frustration,                                                                 
  judges,  courts  and   lawyers  have  the  realization   that                                                                 
  something must be done about the problem.                                                                                     
                                                                                                                                
  The  Drug Court  model  was  first  used in  Florida  in  the                                                                 
  1980's.   Since then, the  original model  was so  successful                                                                 
  that now  there  are over  1,000 across  the country.    Five                                                                 
  years ago,  there  were only  about 400  in operation.    She                                                                 
  reiterated that  currently, there are  over 1,000 drug  court                                                                 
  models and  that  is the  model  the Anchorage  Court  system                                                                 
  uses.                                                                                                                         
                                                                                                                                
  Judge Joannides  emphasized  the success  rate  of people  in                                                                 
  that program.  There are  mothers that are having "clean  and                                                                 
  sober" babies  that might  have otherwise  had Fetal  Alcohol                                                                 
Syndrome (FAS), parents learning  how to better interact with                                                                   
their children and offenders are  staying clean and sober for                                                                   
longer periods of  time.  She requested that  members come to                                                                   
observe  the  Court  in  Anchorage   to  better  witness  the                                                                   
strengths of the program.                                                                                                       
                                                                                                                                
JUDGE  LEONARD   DEVANEY,  (TESTIFIED  VIA   TELECONFERENCE),                                                                   
ALASKA COURT SYSTEM, BETHEL, echoed  sentiments made by Judge                                                                   
Joannides and stated that the  Therapeutic Court in Bethel is                                                                   
having a great success rate.   He advised that nearly 100% of                                                                   
the crimes in  that area are alcohol related  and the results                                                                   
of the Court has been very good.                                                                                                
                                                                                                                                
Judge Devaney  noted that the  Bethel Court has only  been in                                                                   
existence for about 18 months.   He pointed out that they are                                                                   
using $25  dollars per day for  treatment as compared  to the                                                                   
$100  dollars per  day incarceration  costs.   The Courts  in                                                                   
Bethel take many different substance abuse crime clients.                                                                       
                                                                                                                                
Judge Devaney offered to answer questions of the Committee.                                                                     
                                                                                                                                
Co-Chair Harris inquired about  the recidivism rate and asked                                                                   
if there had been a "dramatic" drop in that number.                                                                             
                                                                                                                                
Judge  Joannides  replied  that  it  would  be  premature  to                                                                   
provide those statistics.  Almost  2/3 of people in her court                                                                   
were re-offenders;  in other  words, had  a prior felony  and                                                                   
then quickly  reoffended.  She  stressed that they  have seen                                                                   
success  in that  population  and on  a  national level,  the                                                                   
success  has  been promising.    She  understood that  it  is                                                                   
difficult  to convince  members  without  the "hard"  numbers                                                                   
available but reiterated  that it is early in  the program to                                                                   
determine.  The people in that  program could be serving from                                                                   
12 to 18  months and those  people are just beginning  to get                                                                   
back into their community.  She  pointed out that many people                                                                   
in  the  program  could  not have  made  it  eighteen  months                                                                   
without picking  up another felony  DUI and that  information                                                                   
is promising.                                                                                                                   
                                                                                                                                
Judge  Devaney reiterated  that  the Bethel  program  started                                                                   
later and  stated that only  seven people had  graduated from                                                                   
the program  to date.   He pointed out  that they  would need                                                                   
another year or two to determine  the recidivism rate.  There                                                                   
is  success  being  seen  but  the  number  is  difficult  to                                                                   
quantify at this point.                                                                                                         
                                                                                                                                
Co-Chair Harris  inquired about  using an "implant"  or other                                                                   
device.   Judge  Joannides responded  that  Anchorage is  not                                                                   
using any type of implant with  the offenders in the program.                                                                   
They do  use other tools  to monitor  sobriety.  Some  of the                                                                   
clients  are  on naltrexone  but  that  is not  required  for                                                                   
everyone  in  the  program.    Some  are  monitored  using  a                                                                   
sobritor  attachment to  test them  for alcohol  consumption.                                                                   
  She added  that these  people are  tested 1-5  times a  week,                                                                 
  with a minimum of 3.                                                                                                          
                                                                                                                                
  Judge Devaney noted  that Bethel does  use naltrexone if  the                                                                 
  doctor prescribes  it and it  is used for  six months.   They                                                                 
  take it  at  treatment  five days  a  week  and then  on  the                                                                 
  weekends, the  participants  come in  for breath  tests.   In                                                                 
  Bethel,  there   is   no  electronic   monitoring,   as   the                                                                 
  infrastructure in Bethel  does not allow  for the use of  the                                                                 
  scram.                                                                                                                        
                                                                                                                                
  Representative Fate  inquired  if preliminary  data had  been                                                                 
  collected.   Mr.  Wooliver responded  that it  is  and is  an                                                                 
  important  aspect of  HB  172,  as a  direction  to  Judicial                                                                 
  Council to  undertake a  long-term study  and journaling  the                                                                 
  statistics.                                                                                                                   
                                                                                                                                
  Representative  Foster  MOVED   to  report  HB  451   out  of                                                                 
  Committee  with  individual  recommendations  and   with  the                                                                 
  attached fiscal notes.   There being NO OBJECTION, it  was so                                                                 
  ordered.                                                                                                                      
                                                                                                                                
  HB 451  was  reported  out  of Committee  with  a  "do  pass"                                                                 
  recommendation  and with  a new  fiscal  note by  the  Alaska                                                                 
  Court  System,   zero   note   #1  by   the   Department   of                                                                 
  Administration,   zero  note   #2   by  the   Department   of                                                                 
  Corrections,  zero note  #3 by  the  Department of  Health  &                                                                 
 Social Services and zero note #4 by the Department of Law.                                                                     
                                                                                                                                
  HOUSE JOINT RESOLUTION NO. 4                                                                                                
                                                                                                                                
       Proposing an amendment to the Constitution of the State                                                                  
       of Alaska relating to the duration of a regular                                                                          
       session.                                                                                                                 
                                                                                                                                
  REPRESENTATIVE RALPH SAMUELS pointed out that HJR  4 proposes                                                                 
  an  amendment  to  Alaska's  Constitution  that  would  limit                                                                 
  regular  legislative  sessions  to  90  consecutive  calendar                                                                 
  days.  If the resolution passes, the proposed constitutional                                                                  
  amendment  would be  presented  to  the voters  at  the  2004                                                                 
  general  election.   Voters  would  decide the  fate  of  the                                                                 
  proposal.                                                                                                                     
                                                                                                                                
  Representative Samuels stated  that ninety days is more  than                                                                 
  enough time for the Legislature to complete business.   In an                                                                 
  era of  decreasing budgets,  reducing the  session by  thirty                                                                 
  days would save State funds.  Shorter sessions would:                                                                         
                                                                                                                                
    (1) Save almost $1 million in per diem and staffing                                                                         
         costs;                                                                                                                 
    (2) Aid in candidate recruitment; and                                                                                       
    (3) Focus the public's attention.                                                                                           
                                                                                                                                
Representative Samuels  added that other states  can do their                                                                   
work in  90 days or  less and that  Alaska should be  able to                                                                   
accomplish   that  also.      Fourteen   other  states   have                                                                   
legislative sessions of 90 days or less.                                                                                        
                                                                                                                                
He elaborated  that another  benefit to  the shorter  session                                                                   
idea is  that Alaskans want  citizen-legislators.   They feel                                                                   
legislators should  be able to carry on a  livelihood outside                                                                   
of  legislative  work.  Shorter sessions  would  encourage  a                                                                   
larger number of  people to run for office and  still be able                                                                   
to make a living at their everyday jobs.                                                                                        
                                                                                                                                
Representative  Samuels   noted  that  prior  to   1984,  the                                                                   
Legislature had no time limit  on the number of days it could                                                                   
remain in session.   The voters approved the  present 120-day                                                                   
limit on  November 6,  1984.   Since that  time, it  has been                                                                   
amply proven that  the Alaska Legislature can  operate within                                                                   
a time limit.                                                                                                                   
                                                                                                                                
Vice  Chair Meyer  asked  about the  history  of the  120-day                                                                   
session.  Representative  Samuels pointed out  that there was                                                                   
information  in member's  packets  on what  other states  do.                                                                   
Historically, Alaska  has slowly  "racketed up the  number of                                                                   
days".  He admitted that he did not know the specifics.                                                                         
                                                                                                                                
Vice  Chair Meyer  noted that  some states  meet every  other                                                                   
year.   He questioned if a  90-day session would  work better                                                                   
in Alaska  than having a  bi-annual session.   Representative                                                                   
Samuels  thought  that  the  biannual   idea  would  be  more                                                                   
difficult because the State's  finances are so dependant with                                                                   
the price of oil.  That price  cannot be determined from year                                                                   
to year.                                                                                                                        
                                                                                                                                
Vice Chair Meyer noted that he supports the bill.                                                                               
                                                                                                                                
Representative Fate noted that  the issue had been proposed a                                                                   
number of  years ago  and had moved  through the  House State                                                                   
Affairs  Committee.     He  questioned  how   thoroughly  the                                                                   
complexity  of the issues  had been  discussed regarding  the                                                                   
Alaskan fiscal dynamics.  Representative  Samuels pointed out                                                                   
that  the first  committee  of referral  had  been the  House                                                                   
State   Affairs  Committee   and   added   that  issues   and                                                                   
legislation  could  continue   to  be  addressed  during  the                                                                   
interim.  Should the legislation  pass, the first legislative                                                                   
session  would  remain  at 120-days  in  order  to  guarantee                                                                   
adequate  time to  discuss the  details  of implementing  the                                                                   
plan.  He advised that there had  been "thorough hearings" to                                                                   
address the issues  brought forth in the House  State Affairs                                                                   
Committee.                                                                                                                      
                                                                                                                                
Co-Chair Harris agreed  that the idea was good.   He inquired                                                                   
  how many states  in the country  have governor's that  choose                                                                 
  all their cabinet  members as well  as the attorney  general.                                                                 
  Representative  Samuels replied  that  he had  been  informed                                                                 
  that Alaska's Executive  Branch is one  of the most  powerful                                                                 
  in the country.                                                                                                               
                                                                                                                                
  Co-Chair Harris  pointed out  that it was  designed that  way                                                                 
  when the Alaska Constitution  was written.  He questioned  if                                                                 
  Alaska really  has the ability  to operate  as a State  given                                                                 
  the current available resources and not using Permanent  Fund                                                                 
  earnings.  He voiced  concern giving up legislative power  in                                                                 
  the third  branch  of government.   He  noted that  he  would                                                                 
  support the legislation if  there was some sort of  guarantee                                                                 
  that  the Legislature  would  have  interim  committees  that                                                                 
  could operate and  move legislation.   He added that  90-days                                                                 
  would be fine if there  was a process in place of working  in                                                                 
  both bodies.   If there is a  situation of different  parties                                                                 
  ruling, the  budget process  could  be much  longer and  more                                                                 
  drawn out.  He stressed  that the Legislature should  attempt                                                                 
  to avoid  situations  of  "extending  legislative  sessions".                                                                 
  Representative  Samuels   reiterated  that   more  work   and                                                                 
  legislation could be handled during the interim.                                                                              
                                                                                                                                
  Co-Chair Harris suggested that the sessions could  be changed                                                                 
  starting in  March  when the  spring forecast  is  available.                                                                 
  The Legislature  could even meet  in Anchorage or  Fairbanks.                                                                 
  Representative  Samuels  commented that  would  be  a  better                                                                 
  process than what currently exists.                                                                                           
                                                                                                                                
  Co-Chair Harris added that the session could be  shortened to                                                                 
  60-days  if legislation  could  be  moved  through  committee                                                                 
  meetings.  He noted that fewer laws would be passed.                                                                          
                                                                                                                                
  Representative Fate pointed  out that in the last two  years,                                                                 
  the Governor  has flooded  the market  with his  legislation.                                                                 
  He  voiced concern  with  not  enough  time  for  the  budget                                                                 
  process and individual  legislation.   The change could  make                                                                 
  it possible to set  up where the Administration dictates  the                                                                 
  "flow of  traffic" without  a committee process.   He  warned                                                                 
  that the idea needs to be thoroughly discussed  before making                                                                 
  the proposed  change.   Representative  Samuels  argued  that                                                                 
  other than the budget,  the Legislature does not "have  to do                                                                 
  anything".  If the budget information is available  the first                                                                 
  month of the  session, bills  could be placed  on the  agenda                                                                 
  following that process.                                                                                                       
                                                                                                                                
  Representative Fate  agreed  that problems  could result  and                                                                 
  that last year, the scenario with the Governor's  sixty bills                                                                 
  did impact the flow of legislation.                                                                                           
                                                                                                                                
  Representative  Stoltze commented  that  with a  mission  and                                                                 
  focus much could  be accomplished in  a limited time  period.                                                                 
He  provided   an  historical   reference  to  amending   the                                                                   
constitution.     Representative  Stoltze  thought  that  the                                                                   
government must  be responsive and limited; the  balance will                                                                   
have to be addressed.  Representative  Samuels enumerated the                                                                   
days not in session as outlined in the information packet.                                                                      
                                                                                                                                
Co-Chair Harris asked  if there had been discussion  given to                                                                   
having a short  session outside of Juneau, lasting  perhaps a                                                                   
week, in order  to move a bill to the floor.   He pointed out                                                                   
that  otherwise,  the bills  would  have  to wait  until  the                                                                   
following  session  to  be  heard.    Representative  Samuels                                                                   
replied that  discussion had  not yet happened.   He  did not                                                                   
think  it  was  a bad  idea,  reiterating  that  a  shortened                                                                   
session  would help  to spread  out the workload.   He  added                                                                   
that it  could help  the public process  and create  a better                                                                   
product  increasing  the  number   of  people  participating.                                                                   
Representative  Samuels  advised  that  he did  not  see  the                                                                   
"projected  $1  million  dollar  savings", as  it  will  cost                                                                   
transport   legislators  from   place   to  place,   however,                                                                   
indicated that he  did not think it would cost  more than the                                                                   
$1 million dollars.                                                                                                             
                                                                                                                                
Co-Chair  Harris pointed  out that the  Alaska Statutes  call                                                                   
for  the  Legislature  to  meet  in  Juneau  and  a  "special                                                                   
session" as determined by the  Legislature can be determined.                                                                   
                                                                                                                                
Representative  Stoltze thought  that  the legislation  would                                                                   
create a  need for  a comprehensive  revision of the  Uniform                                                                   
Rules in order to allow for such  a revision.  Representative                                                                   
Samuels agreed.   He acknowledged that they would  have to do                                                                   
a  lot of  work,  "looking at  how  business  is being  done,                                                                   
internally", and if the same rules would continue to apply.                                                                     
                                                                                                                                
Representative  Stoltze pointed  out that  any change  to the                                                                   
Uniform  Rules   would  need  a   2/3  vote  of   the  entire                                                                   
Legislature.                                                                                                                    
                                                                                                                                
Representative  Fate   commented  on  the   proposed  interim                                                                   
committee.  He  asked if there would be discussion  on having                                                                   
time certain  discussions or  if they would  be more  ad hoc.                                                                   
Representative Samuels  pointed out that  recommendations had                                                                   
been made  to spread  the workload  out throughout  the year.                                                                   
He acknowledged  that the specifics  had not been  discussed.                                                                   
HJR 4 would only establish the framework.                                                                                       
                                                                                                                                
Representative  Fate voiced concern  if legislators  could be                                                                   
efficient in  a 90-day period.   He asked if  that discussion                                                                   
had taken  place.   Representative Samuels  admitted  that in                                                                   
detail, it had not.                                                                                                             
                                                                                                                                
Co-Chair Harris  stated additional  consideration would  need                                                                   
to  be  given  to issues  regarding  the  timetable  for  the                                                                   
  Governor submitting his budget and the amendments.                                                                            
                                                                                                                                
  Co-Chair  Harris MOVED  to  report  CS  HJR 4  (STA)  out  of                                                                 
  Committee  with  individual  recommendations  and   with  the                                                                 
  accompanying fiscal notes.  There being NO OBJECTION,  it was                                                                 
  so ordered.                                                                                                                   
                                                                                                                                
  TAPE HFC 04 - 55, Side B                                                                                                    
                                                                                                                                
                                                                                                                                
  CS HJR  4 (STA)  was reported  out of  Committee  with a  "no                                                                 
  recommendation" and with fiscal note #3 by the  Office of the                                                                 
  Lt. Governor and  fiscal note #4  by the Legislative  Affairs                                                                 
  Agency.                                                                                                                       
                                                                                                                                
  ADJOURNMENT                                                                                                                 
                                                                                                                                
  The meeting was adjourned at 2:33 P.M.                                                                                        
                                                                                                                                
                                                                                                                                

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