Legislature(2009 - 2010)Anch LIO Rm 220
07/14/2010 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): the Effect of Methamphetamine Legislation Passed in 2006 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
Anchorage, Alaska
July 14, 2010
1:19 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Carl Gatto
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
Representative Bob Herron
Representative Nancy Dahlstrom (Resigned 5/31/10)
OTHER LEGISLATORS PRESENT
Representative Peggy Wilson (via teleconference)
COMMITTEE CALENDAR
OVERVIEW(S): THE EFFECT OF METHAMPHETAMINE LEGISLATION PASSED
IN 2006
- HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
RICHARD SVOBODNY, Deputy Attorney General
Central Office
Criminal Division
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Presented the overview regarding the effect
of the methamphetamine legislation passed in 2006.
AUDIE HOLLOWAY, Colonel, Director
Central Office
Division of Alaska State Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Assisted with presenting the overview
regarding the effect of the methamphetamine legislation passed
in 2006.
KEITH MALLARD, Captain, Commander
Alaska Bureau of Alcohol & Drug Enforcement (ABADE)
Division of Alaska State Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Assisted with presenting the overview
regarding the effect of the methamphetamine legislation passed
in 2006.
SAM EDWARDS, Deputy Commissioner
Office of the Commissioner - Anchorage
Department of Corrections (DOC)
Anchorage, Alaska
POSITION STATEMENT: Assisted with presenting the overview
regarding the effect of the methamphetamine legislation passed
in 2006.
VIKI WELLS, Behavioral Health Specialist
Southcentral Regional Team
Treatment & Recovery Section
Division of Behavioral Health (DBH)
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Assisted with presenting the overview
regarding the effect of the methamphetamine legislation passed
in 2006.
JOAN HOULIHAN, Health Program Manager II
Anchorage Regional Team
Treatment & Recovery Section
Division of Behavioral Health (DBH)
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Assisted with presenting the overview
regarding the effect of the methamphetamine legislation passed
in 2006.
MELISSA WITZLER-STONE, Director
Central Office
Division of Behavioral Health (DBH)
Department of Health and Social Services (DHSS)
Anchorage, Alaska
POSITION STATEMENT: Assisted with presenting the overview
regarding the effect of the methamphetamine legislation passed
in 2006.
ACTION NARRATIVE
1:19:10 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:19 p.m. Representatives Ramras, Gatto,
Lynn, Gruenberg, and Holmes were present at the call to order.
Representative P. Wilson (via teleconference) was also in
attendance.
^Overview(s): The Effect of Methamphetamine Legislation Passed
in 2006
Overview(s): The Effect of Methamphetamine Legislation Passed
in 2006
1:19:45 PM
CHAIR RAMRAS announced that the only order of business would be
an overview regarding the effect of the methamphetamine
legislation passed in 2006. He mentioned that the committee
would be producing a report containing recommendations for the
administration and the legislature regarding the issue of
methamphetamine abuse.
CHAIR RAMRAS then turned the gavel over to Representative Gatto.
1:23:24 PM
RICHARD SVOBODNY, Deputy Attorney General, Central Office,
Criminal Division, Department of Law (DOL), after mentioning
that members' packets contain a report compiled by the DOL
regarding the methamphetamine legislation passed in 2006 - House
Bill 149 - provided some historical information about
methamphetamine. Methamphetamine causes a lot of problems, he
then went on to say, both for the individuals abusing it and for
the environment. It is a very addictive drug - one of the most
difficult to quit, harder even than heroin. As a central
nervous system stimulant, it immediately affects a person's
heart rate, blood pressure, body temperature, appetite,
attention span, moods, and emotions - essentially acting as a
very dangerous neurotoxin - and increases a person's energy and
affects his/her sexual desires. On the latter point, there are
several studies which link methamphetamine abuse to sexual
assault and sexual abuse of children crimes, and this is due to
the effect of methamphetamine on the abuser's sexual desires.
Furthermore, child neglect and identity theft are crimes that
abusers of methamphetamine are disproportionately found to be
guilty of.
MR. SVOBODNY went on to explain that House Bill 149 effectively
dealt with the environmental issues associated with the
manufacture of methamphetamine, which is a completely synthetic
drug that is easy to make, with the major active ingredient
being ephedrine or pseudoephedrine - commonly found in cold
remedies. Under House Bill 149, such products are now required
to be kept behind the counter and their sales kept track of and
reported, which makes them substantially more difficult to
acquire in sufficient enough quantities to make methamphetamine.
What makes the manufacture of methamphetamine really dangerous,
he explained, is that it requires the use of various [toxic]
chemicals such as red phosphorus; iodine; lithium metals - which
can burst into flames when not stored properly; and anhydrous
ammonia - which can absorb water out of a person's body - to
name a few. With regard to the latter chemical, people -
including children - staying buildings where methamphetamine is
being manufactured lose the fluids in their bodies, with their
eyeballs being the first to get depleted.
1:31:30 PM
MR. SVOBODNY relayed that one can now obtain formulas on the
Internet showing how to manufacture methamphetamine using a
plastic soda-pop bottle, thereby allowing one to make
methamphetamine in a moving vehicle, for example, and this has
led to several automobile accidents when the plastic bottle has
melted through as a result of the manufacturing process.
Although such is not yet happening in Alaska, it does illustrate
how easy it is to make methamphetamine, and so some law
enforcement officers are concerned that such could become the
practice here. He indicated that there are now fewer
methamphetamine laboratories in the state because of House
Bill 149's requirements that retailers keep products containing
ephedrine and pseudoephedrine behind the counter, in more secure
locations, and [that such products not be sold to people under
16 years of age, and which imposed limitations on the amount of
such products that could be purchased by any one person within a
30-day period]. Methamphetamine laboratories have mainly been a
problem in the Matanuska-Susitna ("Mat-Su") valley, and folks in
the district attorney's office in Palmer have formed a consensus
that House Bill 149 has helped significantly reduce the number
of such laboratories; the bill's increase in sentences could be
one of the reasons for that reduction, as could some specific
training for police officers that took place about the time of
the bill's passage.
MR. SVOBODNY said that according to statistics included in
members' packets, in the year prior to passage of House
Bill 149, there were 37 methamphetamine related seizures, and 76
cases filed involving violations of AS 11.71.020(a)(2)-(6),
whereas last year there only 8 such seizures and 14 such cases.
He indicated that federal legislation addressing methamphetamine
precursors has resulted in similar significant decreases across
the country. Regardless of these statistics, however,
methamphetamine abuse is still a huge problem in Alaska, and has
terrible effects, not only on the individuals who abuse the
drug, but on the children who suffer neglect and sexual abuse at
their hands. Another issue to consider, he relayed, is that now
that it has become more difficult to make methamphetamine in
Alaska, importation from Mexico has increased, and therefore the
number of law enforcement officers may need to be increased in
order to improve interdiction efforts. He mentioned that when
people were manufacturing methamphetamine on their own,
laboratories were blowing up, and houses that were being used as
laboratories had to be demolished due to severe chemical
contamination. The downside to reducing such incidents,
however, is that now people are getting imported methamphetamine
in more concentrated forms.
1:47:07 PM
AUDIE HOLLOWAY, Colonel, Director, Central Office, Division of
Alaska State Troopers, Department of Public Safety (DPS),
concurred that back when a lot of people were making their own
methamphetamine, several of the homes being used as laboratories
burned down. Furthermore, the walls and flooring materials -
and sometimes even the ground itself - of the homes that were
used as methamphetamine laboratories would become saturated with
hazardous chemicals, and yet young children could often be found
living in those homes, crawling around on the floor. He, too,
offered his belief that House Bill 149 has been instrumental in
significantly reducing the number of methamphetamine
laboratories in Alaska, surmising that had that legislation not
been in effect these last few years, the number of laboratories
would have instead increased, along with the problems associated
with methamphetamine abuse and manufacture, problems such as
domestic violence (DV), shootings, and robberies. On the issue
of decontamination and hazardous-materials removal, he noted
that local law enforcement agencies get a lot of much-needed
help from the federal Drug Enforcement Administration (DEA). In
conclusion, he indicated that the importation of methamphetamine
into Alaska from Mexico is now the next big problem law
enforcement agencies must deal with.
1:56:49 PM
KEITH MALLARD, Captain, Commander, Alaska Bureau of Alcohol &
Drug Enforcement (ABADE), Division of Alaska State Troopers,
Department of Public Safety (DPS), indicated that by restricting
the placement and sale of products containing ephedrine and
pseudoephedrine, House Bill 149 essentially provided law
enforcement agencies with the ability to stop some
methamphetamine manufacturers prior to a methamphetamine
laboratory actually being set up; a newspaper article in
members' packets illustrates that the bill's provisions
requiring retailers of products containing ephedrine and
pseudoephedrine to keep a log of the sales of such products
allowed law enforcement officers to identify a methamphetamine
manufacturer prior to production. Methamphetamine abuse is
continuing to cause tremendous problems in Alaska. However,
with the use of federal tax monies, the DPS has sponsored
training for other law enforcement agencies regarding
methamphetamine laboratories, although a lack of personnel at
the municipal level has resulted in some municipal law
enforcement agencies having to rely heavily upon the work of
State law enforcement agencies. He, too, noted that
methamphetamine importation from Mexico has increased since the
number of local laboratories has decreased.
CAPTAIN MALLARD concurred that there is concern that people will
start manufacturing methamphetamine using plastic soda-pop
bottles, and again indicated that House Bill 149's provisions
requiring retailers to keep track of and limit sales of products
containing ephedrine and pseudoephedrine have been very helpful
to law enforcement officers in identifying methamphetamine
manufacturers.
REPRESENTATIVE GRUENBERG, referring to the aforementioned
problem of methamphetamine importation, suggested that Alaska's
conspiracy statute - AS 11.31.120 - might be of use with regard
to prosecuting and convicting methamphetamine traffickers. He
acknowledged, though, that unless statute is amended, AS
11.31.120 couldn't currently apply towards a crime that is only
a class C felony, which is the case for House Bill 149's AS
11.71.210 regarding the purchase or receipt of restricted
amounts of certain listed chemicals.
COLONEL HOLLOWAY said he would research that issue further.
CAPTAIN MALLARD, in response to a question, acknowledged that
some of the statistics provided in members' packets might be
incomplete. In response to other questions, he indicated that
methamphetamine traffickers are using both covert means of
transportation and legitimate carriers to get the drug into
Alaska, and that as demand for the drug increases, traffickers
continue to find many ways of supplying that demand. In
conclusion, he relayed that the ABADE sized approximately 1,027
grams of methamphetamine in 2005, approximately 7,800 grams in
2006, approximately 4,000 grams in [both 2007 and 2008], and
approximately [16,000] grams in 2009. These figures illustrate
the increases in methamphetamine importation and demand for the
drug.
2:14:18 PM
SAM EDWARDS, Deputy Commissioner, Office of the Commissioner -
Anchorage, Department of Corrections (DOC), concurred that since
passage of House Bill 149, there has been a reduction in the
number of methamphetamine laboratories operating in the state.
However, just as such sites are heavily contaminated with
hazardous chemicals, so too are the people who get arrested for
the manufacture of methamphetamine, and therefore the DOC must
deal with the contaminated personal effects of such offenders.
After the passage of House Bill 149, the number of offenders
incarcerated for methamphetamine crimes initially went down but
has since been increasing, probably, he surmised, due to the
increase in methamphetamine importation. Furthermore, because
methamphetamine abuse and manufacture has such severe impacts on
a person's body, the DOC has noticed an increase in its medical,
transportation, and supervision costs - a drain on the DOC's
limited resources. Nonetheless, House Bill 149's reduction in
the number of methamphetamine laboratories in the state is a
considerable accomplishment, he remarked, adding that his wife,
who works as a child advocate, recounts almost daily the
terrible impacts methamphetamine exposure has had on the
children she serves. The DOC, in contrast, must address
visitation and custody issues revolving around parents
incarcerated for methamphetamine abuse and manufacture.
REPRESENTATIVE GATTO offered his belief that House Bill 149 has
accomplished its stated goals.
MR. EDWARDS, in response to questions, reiterated some of his
earlier comments, indicated that he may have more statistics
available soon, and relayed that the DOC isn't getting any
financial assistance with regard to its increased medical costs.
CAPTAIN MALLARD, in response to a question, explained that not
everyone importing methamphetamine from Mexico is a Mexican
national.
2:27:28 PM
VIKI WELLS, Behavioral Health Specialist, Southcentral Regional
Team, Treatment & Recovery Section, Division of Behavioral
Health (DBH), Department of Health and Social Services (DHSS),
said that early on, the DBH recognized that methamphetamine
constituted a potential problem, and so began preparations to
assist communities and treatment providers across the state to
address the issue of methamphetamine abuse. In 2004, the DBH
added an addiction specialist to its staff, and that specialist
began researching the best practices by which to treat those
addicted to stimulants, and developing educational materials for
treatment providers; these efforts are ongoing. The DBH has
since provided statewide training on methamphetamine
pharmacology, prevention, intervention, and treatment, and has
since arranged for 10 treatment providers to attend in-service
training in California regarding effective methamphetamine
treatment, and now provides training within communities. Since
fiscal year 2007 (FY 07), the DBH has provided over 300
"evidence-based methamphetamine-treatment training manuals" to
treatment providers across Alaska at no cost, and will continue
to do so.
MS. WELLS noted that the DBH continues to provide consultation
and technical assistance to treatment providers as needed
regarding the treatment of methamphetamine abusers, and
maintains a small resource library containing free materials
available to both treatment providers and members of the public.
In conclusion, she explained that all DBH grantees funded to
provide [substance abuse] treatment are expected to provide, and
are capable of providing, treatment for methamphetamine abuse
and dependency.
2:30:45 PM
JOAN HOULIHAN, Health Program Manager II, Anchorage Regional
Team, Treatment & Recovery Section, Division of Behavioral
Health (DBH), Department of Health and Social Services (DHSS),
added that according to the Alaska Automated Information
Management System (AKAIMS), [4,137] individuals received
substance abuse treatment in FY 08; [5,175] in FY 09; and
[4,906] to date in FY 10. Furthermore, there has been a
15 percent rise since 2008 in the number of individuals
receiving treatment whose primary drug of abuse is
methamphetamine. This increase in the number of methamphetamine
abusers receiving treatment, she ventured, may stem from passage
of House Bill 149, because with methamphetamine abuse, it is
usually only those who are apprehended who voluntarily undergo
treatment. In response to a question, she explained that there
can be quite a lag between the time a person is arrested for a
crime involving methamphetamine and the time he/she starts
treatment, which is when the DBH begins accounting for that
person.
MS. HOULIHAN, in response to questions and comments, indicated
that she would research statistics regarding how successful
various forms of treatment are; that the waiting list for
treatment can be long, just as it can be for the treatment of
other drug addictions; and that the most successful forms of
treatment for methamphetamine addiction are those which are long
term and which restrict a person from leaving the facility.
2:38:10 PM
MELISSA WITZLER-STONE, Director, Central Office, Division of
Behavioral Health (DBH), Department of Health and Social
Services (DHSS), added that the treatment providers [Ms. Wells
referred to] are capable of providing the extensive treatment
necessary for success.
MS. HOULIHAN offered her understanding that not much money was
spent on the aforementioned training.
COLONEL HOLLOWAY, in response to another question, indicated
that law enforcement protocols for dealing with methamphetamine
abuse and manufacture are not addressed at the academy level,
but are instead part of an officer's advanced training. In
response to another question, he suggested that the legislature
consider the steps that Oregon has taken, and get input from the
Alaska Board of Pharmacy. He opined that law enforcement must
continue to make criminal cases against methamphetamine
traffickers because as long as a profit can be made, the problem
will only get worse. However, pursuing such traffickers comes
at a cost, and so law enforcement agencies are going to have to
either change workload priorities or obtain more resources.
Furthermore, there should be a balance between enforcement
efforts and education efforts.
MR. SVOBODNY added that in general, the legislature has given
the DOL the tools it needs for the prosecution of "these cases,"
though those tools could be used more efficiently if there were
also treatment programs available. He also suggested that a
study of the various treatment programs specific to
methamphetamine addiction might be warranted so that the focus
could then be on those treatment programs that are proving to be
successful.
2:47:30 PM
MR. EDWARDS indicated that when the legislature next addresses
this issue, the DOC would be able to provide information about
the treatment programs it currently has funding for, and again
noted the DOC's increased medical, transportation, and
supervision costs associated with incarcerated methamphetamine
abusers.
MR. SVOBODNY, in response to a request, also agreed to research
Representative Gruenberg's point regarding Alaska's conspiracy
statute.
MS. WITZLER-STONE indicated concurrence regarding the importance
of education efforts, adding that the DHSS - via the Office of
Children's Services (OCS) - would be focusing its education
efforts on parents who've lost custody of their children due to
a problem with methamphetamine.
MS. WELLS, in response to comments, noted that methamphetamine
was also a problem during the 1960s, and indicated that it's not
unusual for people addicted to methamphetamine to also abuse
opiates.
REPRESENTATIVE GATTO reiterated that the committee would be
producing a report containing recommendations for the
administration and the legislature regarding the issue of
methamphetamine abuse.
2:55:30 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 2:55 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Agenda.pdf |
HJUD 7/14/2010 1:00:00 PM |
|
| Department of Law.pdf |
HJUD 7/14/2010 1:00:00 PM |
|
| DPS - Frontiersman Article.pdf |
HJUD 7/14/2010 1:00:00 PM |
|
| HB149.pdf |
HJUD 7/14/2010 1:00:00 PM |
HB 149 |
| HSS E-mail.pdf |
HJUD 7/14/2010 1:00:00 PM |