Legislature(2007 - 2008)SENATE FINANCE 532

03/07/2007 01:30 PM Senate JUDICIARY


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01:43:07 PM Start
01:43:15 PM Overview – Therapeutic Justice
03:00:34 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Teleconference <Listen Only> --
Joint w/ (H) Judiciary
Therapeutic Courts
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         March 7, 2007                                                                                          
                           1:43 p.m.                                                                                            
                                                                                                                                
                                                                                                                                
MEMBERS PRESENT                                                                                                               
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Hollis French, Chair                                                                                                   
 Senator Bill Wielechowski                                                                                                      
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 Representative Jay Ramras, Chair                                                                                               
 Representative Bob Lynn                                                                                                        
 Representative Max Gruenberg                                                                                                   
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Charlie Huggins, Vice Chair                                                                                            
 Senator Lesil McGuire                                                                                                          
 Senator Gene Therriault                                                                                                        
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 Representative Nancy Dahlstrom, Vice Chair                                                                                     
 Representative John Coghill                                                                                                    
 Representative Ralph Samuels                                                                                                   
 Representative Lindsey Holmes                                                                                                  
                                                                                                                                
OTHER LEGISLATORS PRESENT                                                                                                     
                                                                                                                                
Senator Johnny Ellis                                                                                                            
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
Therapeutic Courts                                                                                                              
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record.                                                                                                   
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
MICHELLE BARTLEY, Program Coordinator                                                                                           
Therapeutic Court Program                                                                                                       
Alaska Court System                                                                                                             
POSITION  STATEMENT:  Described   Alaska's  existing  therapeutic                                                             
courts.                                                                                                                         
                                                                                                                                
LARRY COHN, Executive Director                                                                                                  
Alaska Judicial Council                                                                                                         
Anchorage, AK                                                                                                                   
POSITION  STATEMENT:  Evaluated  recidivism  in  Alaska's  felony                                                             
therapeutic courts.                                                                                                             
                                                                                                                                
JANET MCCABE, Chair/CEO                                                                                                         
Partners for Progress                                                                                                           
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Presented benefits of the  therapeutic court                                                             
system.                                                                                                                         
                                                                                                                                
DOREEN SCHENKENBERGER                                                                                                           
Anchorage, AK                                                                                                                   
POSITION STATEMENT:  Relayed her successful participation  in the                                                             
therapeutic court system.                                                                                                       
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR HOLLIS  FRENCH called the  joint meeting of the  Senate and                                                             
House  Judiciary  Standing Committees  to  order  at 1:43:07  PM.                                                             
Present  at   the  call  to  order   were  Senator  Wielechowski,                                                               
Representatives  Gruenberg  and  Lynn,  Chair  French  and  Chair                                                               
Ramras. Senator Ellis was also present.                                                                                         
                                                                                                                                
                ^Overview - Therapeutic Justice                                                                             
                                                                                                                              
CHAIR FRENCH called the meeting  to order, and announced that the                                                               
purpose  of  the   meeting  was  to  have  an   overview  of  the                                                               
therapeutic court program in Alaska.                                                                                            
                                                                                                                                
1:43:15 PM                                                                                                                    
MICHELLE BARTLEY,  Therapeutic Court Program Coordinator  for the                                                               
Alaska Court  System, introduced  the other presenters.  She said                                                               
she'd given the  committee a printed overview  of the therapeutic                                                               
court  system.  Currently  there  are 11  therapeutic  courts  in                                                               
Alaska,  some  with eligibility  criteria.  They  deal with  drug                                                               
convictions, family  matters, mental  health, and  veterans. Four                                                               
additional  courts  are  being  planned.  Substance  abuse  is  a                                                               
prevailing  issue,  but  participants receive  treatment  with  a                                                               
demonstrated measure of success.                                                                                                
                                                                                                                                
1:47:19 PM                                                                                                                    
LARRY COHN,  Executive Director,  Alaska Judicial  Council (AJC),                                                               
said that the  AJC is a separate entity that  conducts studies to                                                               
improve the administration of justice.  The AJC isn't part of the                                                               
system, but rather it is an advocate agency.                                                                                    
                                                                                                                                
MR. COHN  said that in  2001 the state required  that therapeutic                                                               
courts  be evaluated  by the  AJC; these  evaluations were  to be                                                               
completed by July, 2005. The courts  took longer to start up than                                                               
anticipated  and   so  there  was  insufficient   time  to  track                                                               
recidivism.  Now that  there has  been sufficient  time to  track                                                               
this, the  AJC has done so  and published a report  on recidivism                                                               
rates several weeks ago.                                                                                                        
                                                                                                                                
1:50:00 PM                                                                                                                    
MR. COHN explained  that the report compared  recidivism rates of                                                               
117 offenders  in the three felony-level  therapeutic courts with                                                               
other recidivism  rates for  97 matched  offenders based  on age,                                                               
gender, ethnicity,  substance abuse, and drug  problems. They had                                                               
similar problems  as the people  who were  actually participating                                                               
in the therapeutic courts.                                                                                                      
                                                                                                                                
1:50:45 PM                                                                                                                    
CHAIR FRENCH asked if he controlled for criminal histories.                                                                     
                                                                                                                                
MR. COHN said  yes; prior records of  participants in therapeutic                                                               
court were worse than comparison  offenders. Matches were made as                                                               
best as  possible. In the  end, if participants did  better, they                                                               
overcame an even worse history than comparison offenders.                                                                       
                                                                                                                                
CHAIR FRENCH said  that was all the more reason  to be happy with                                                               
those results.                                                                                                                  
                                                                                                                                
MR.  COHN  agreed.  He  said  that  recidivism  rates  were  also                                                               
compared to  baseline rates of general  Alaskan felony offenders,                                                               
including the frequency and affecting  factors of the recidivism.                                                               
Court  participants and  comparison offenders  were followed  for                                                               
one  year  after  program   completion  or  sentence  completion,                                                               
respectively. Department  of Public  Safety records were  used to                                                               
track  offense rates.  The findings  showed that  the longer  the                                                               
participants stayed in the program,  the less likely they were to                                                               
recidivate,  even  if  they  didn't  graduate.  The  most  useful                                                               
finding was that 13 percent  of graduates were re-arrested within                                                               
a  year, whereas  32  percent of  comparison  offenders were  re-                                                               
arrested. Compared  with the baseline rate  for felony offenders,                                                               
the results were even more dramatic.                                                                                            
                                                                                                                                
1:55:31 PM                                                                                                                    
REPRESENTATIVE LYNN  asked what  happened to  the people  who did                                                               
not complete the program, and why they did not do so.                                                                           
                                                                                                                                
MR. COHN replied that a variety of reasons were found for non-                                                                  
completion. People  may withdraw  because they did  not cooperate                                                               
or the program was too hard.  In that case, they ended up serving                                                               
their sentences.                                                                                                                
                                                                                                                                
MR.  COHN explained  how  different  therapeutic courts'  results                                                               
compared  and  said that  no  participants  who were  reconvicted                                                               
after program  completion had committed  an offense  more serious                                                               
than  the original  offense. No  drug offenders  were reconvicted                                                               
within the first  year. Native participants responded  as well to                                                               
the  program as  Caucasians, which  isn't generally  the case  in                                                               
other programs.                                                                                                                 
                                                                                                                                
1:57:45 PM                                                                                                                    
REPRESENTATIVE LYNN  noted that blacks and  other ethnicities did                                                               
not do as well in the programs and asked the reason for this.                                                                   
                                                                                                                                
MR. COHN said  he didn't know why  and that the AJC  is trying to                                                               
identify why different ethnicities have different success rates.                                                                
                                                                                                                                
1:58:38 PM                                                                                                                    
MR. COHN said that the AJC  evaluated the benefits of the program                                                               
and  not its  costs; however,  national studies  show a  positive                                                               
cost-benefit relationship.  The AJC is presently  partnering in a                                                               
four-year  study with  the  University of  Alaska  and the  Urban                                                               
Institute  in  Washington  DC, which  includes  analysis  of  the                                                               
Anchorage Wellness Court.                                                                                                       
                                                                                                                                
2:00:23 PM                                                                                                                    
CHAIR FRENCH  asked if  the AJC  is equipped  to perform  a cost-                                                               
benefit  analysis,  or   if  that  should  be  done   by  a  more                                                               
economically-oriented group.                                                                                                    
                                                                                                                                
MR.  COHN said  the AJC  could provide  useful information;  such                                                               
analyses can be imprecise, and benefits are hard to quantify.                                                                   
                                                                                                                                
CHAIR FRENCH asked if AJC has staff economists and accountants.                                                                 
                                                                                                                                
MR. COHN  replied that it  does not; when  sophisticated analysis                                                               
is needed it is contracted out to other organizations.                                                                          
                                                                                                                                
2:03:30 PM                                                                                                                    
SENATOR  WIELECHOWSKI  said  the  savings were  detailed  in  the                                                               
packet before  the committee. He  said he attended  a therapeutic                                                               
court in  Anchorage where he  received information that  had more                                                               
detail,  and  he   thought  it  might  be  more   useful  to  the                                                               
legislators.  He was  impressed  with some  of  the overall  cost                                                               
savings in those documents.                                                                                                     
                                                                                                                                
MR.  COHN said  he can  supply that.  He said  that Janet  McCabe                                                               
cited  a  study in  Washington  on  the efficacy  of  therapeutic                                                               
courts. The bottom line of  that study is that therapeutic courts                                                               
are  very effective.  He has  found that  drug abuse  is a  major                                                               
factor in impacting recidivism of criminal offenders.                                                                           
                                                                                                                                
2:05:52 PM                                                                                                                    
CHAIR  RAMRAS said  therapeutic courts  in Anchorage  have helped                                                               
just a  narrow group of  serial offenders. There may  be benefits                                                               
to the program, but it's not necessarily the best option.                                                                       
                                                                                                                                
MR.  COHN responded  that it  is appropriate  to be  skeptical of                                                               
statistics.  The AJC's  role is  to provide  information, and  it                                                               
doesn't have  an agenda. The  payoff is down  the road and  it is                                                               
hard not  to get caught  up in the details  of the cost  now. The                                                               
programs are expensive and it  is appropriate for the legislature                                                               
to question the costs.                                                                                                          
                                                                                                                                
2:12:46 PM                                                                                                                    
SENATOR WIELECHOWSKI  said he had  a different  perspective. He's                                                               
impressed   with  the   data.   The   United  States   Government                                                               
Accountability  Office report  indicates that  therapeutic courts                                                               
result in lower re-arrest and  recidivism rates and positive cost                                                               
benefits.  Cost-benefit analysis  is  critical, but  the cost  of                                                               
running prisons must be taken into account as well.                                                                             
                                                                                                                                
2:15:07 PM                                                                                                                    
JANET MCCABE,  Chair and CEO,  Partners for  Progress, introduced                                                               
herself  and  said  her  company is  a  nonprofit  that  supports                                                               
therapeutic   courts.   She   reviewed   the   history   of   the                                                               
legislature's  funding of  therapeutic courts  and said  that the                                                               
courts have saved lives and money.                                                                                              
                                                                                                                                
2:17:37 PM                                                                                                                    
She further explained that financing  isn't the key aspect of the                                                               
therapeutic court  system. There are  two ways to  evaluate costs                                                               
and benefits:  through the social  and budgetary  aspects. Social                                                               
benefits  are  represented  by occurrences  not  happening,  like                                                               
drunk  driving, death,  et al.  Graduates of  the courts  are re-                                                               
arrested far less frequently. There  is a cost dimension as well.                                                               
She gave examples of how  the programs have prevented occurrences                                                               
of fetal alcohol syndrome.                                                                                                      
                                                                                                                                
2:21:10 PM                                                                                                                    
She  said  that cost  efficiency  is  important; the  therapeutic                                                               
courts  place resources  where they  see the  most potential  for                                                               
future benefit.  She referenced the information  before committee                                                               
to show how  different courts make efforts in the  areas with the                                                               
most  potential for  return.  The threat  of  repeated jail  time                                                               
doesn't  affect people  who are  severely addicted.  The cost  of                                                               
repeat offenders serving time in prison is inestimable.                                                                         
                                                                                                                                
2:25:15 PM                                                                                                                    
She  said that  national data  on therapeutic  courts has  shown,                                                               
through  credible  evidence-based  evaluations, that  adult  drug                                                               
courts paired  with treatment and  therapy reduced crime  to save                                                               
taxpayers money.                                                                                                                
                                                                                                                                
2:26:27 PM                                                                                                                    
CHAIR RAMRAS said he wonders  why the national corrections system                                                               
has become a  place where mentally ill people are  kept. He added                                                               
that the  program has  had excellent results,  but he  didn't see                                                               
why a judge necessarily had to be the overseeing entity.                                                                        
                                                                                                                                
MS. MCCABE explained that people  are already in the court system                                                               
and  the key  to success  is the  power of  the judge.  Also, the                                                               
judge has the authority to return the person to jail.                                                                           
                                                                                                                                
CHAIR RAMRAS said  he disagreed; crime victims  don't have access                                                               
to judges  right now  and that  troubles him.  He needs  a better                                                               
reason to feel positive about the program.                                                                                      
                                                                                                                                
MS.  MCCABE replied  that the  therapeutic court  is designed  to                                                               
address repeat offenders  that are already tying  up resources in                                                               
the judicial system.                                                                                                            
                                                                                                                                
2:33:23 PM                                                                                                                    
MS.  MCCABE said  she wanted  to suggest  some action  items. The                                                               
legislature should maintain the  existing budgets for the courts,                                                               
as  well  as lay  groundwork  for  putting existing  and  planned                                                               
courts on a sustainable basis.  Another need is growth of volume;                                                               
the more  volume in the court,  the quicker the process  will be.                                                               
She  said that  a  Washington state  study  contained some  cost-                                                               
effective elements that could be adopted in Alaska.                                                                             
                                                                                                                                
2:38:33 PM                                                                                                                    
CHAIR RAMRAS  said that the  courts are an  exceptional precursor                                                               
to something  that will be  better; they  are a path  to wellness                                                               
but not a  hallmark of efficiency. He wants to  see an indication                                                               
of what  the therapeutic court  may evolve into because  it can't                                                               
stay the way it is now.                                                                                                         
                                                                                                                                
MS. MCCABE  suggested looking at  other states' programs  such as                                                               
Georgia  and Oregon  for  a program  forecast.  Face-time with  a                                                               
judge is key to involving people in the program.                                                                                
                                                                                                                                
MR. COHN  added that the  AJC's role in  the study is  to examine                                                               
the  transferability   of  wellness   court  policies   to  other                                                               
therapeutic  courts.   It  has  interviewed  about   150  people,                                                               
including  legislators, about  what is  working and  what is  not                                                               
working in  the system;  there are  supporters and  detractors of                                                               
the court system. When the  report is published, it should answer                                                               
a lot of questions about efficiency.                                                                                            
                                                                                                                                
CHAIR RAMRAS commented  that, on paper, the  people going through                                                               
the  therapeutic court  system are  only names;  he is  impressed                                                               
that another  state could go  through one thousand  names. Judges                                                               
are  needed   anyway  without  considering   the  needs   of  the                                                               
therapeutic court system;  there's an overload of  work. He asked                                                               
how the volume of the therapeutic courts could be raised.                                                                       
                                                                                                                                
2:47:53 PM                                                                                                                    
MS. MCCABE said most people in  the court system go to jail; they                                                               
get out  and they reoffend and  go back through the  court system                                                               
again.  Sometimes they  hurt someone  in the  process. The  focus                                                               
should really  be on  how to stop  "repeat addicted  offense" and                                                               
there  are opportunities  to  introduce  therapeutic programs  in                                                               
prison or as people are getting out of prison.                                                                                  
                                                                                                                                
She said that is why she  wanted them to see the Washington study                                                               
with a  couple of straight-forward  good ideas. The one  that has                                                               
most cost  effectiveness was co-created  by the person  that does                                                               
some of the training for  the cognitive behavioral therapy groups                                                               
for the wellness court. It would  not be all that complex to tell                                                               
the Department of Corrections (DOC) about it.                                                                                   
                                                                                                                                
2:49:25 PM                                                                                                                    
MR. COHN  said that the  availability of treatment  is important;                                                               
some communities  don't have effective treatment  options. It's a                                                               
good  idea  to  look  at   incentives  to  participate  in  these                                                               
programs. For instance, if people  are convicted of misdemeanors,                                                               
they  measure  the regimen  of  the  therapeutic court  that  may                                                               
extend over  18 months  against a  relatively short  prison term.                                                               
Perhaps some  treatment regimen could  be designed  that wouldn't                                                               
be as protracted that people would opt to do.                                                                                   
                                                                                                                                
2:51:14 PM                                                                                                                    
DOREEN  SCHENKENBERGER,  an  Anchorage Wellness  Court  graduate,                                                               
relayed  her  successful  participation   in  2005.  Without  the                                                               
wellness court she  believes that she would not be  here. She was                                                               
a practicing  alcoholic for  many years, and  she knew  she would                                                               
either be  committed, incarcerated,  "or I  would end  up killing                                                               
someone or die."  Four years ago she had another  DWI. "I knew it                                                               
was the  end. I knew something  had to happen." She  was going to                                                               
have to send  her children away and  go to jail for  a long time,                                                               
until she heard about the wellness program.                                                                                     
                                                                                                                                
MS. SCHENKENBERGER relayed  that she has been sober  for 10 years                                                               
in the  past following a  60-day inpatient program,  but drinking                                                               
then escalated to the point  of needing serious intervention. Her                                                               
jail time would have been shorter  than the program, but in order                                                               
to keep her children and to get  well, "I knew I had to do this."                                                               
Because  of  the  program  with   its  stringent  rules  and  its                                                               
personnel, "I'm  still sober today,  four years later."  She said                                                               
she used  to be ashamed to  be a Native Alaskan  because she used                                                               
to equate that with being a  drunk. "I'm not ashamed anymore. For                                                               
the first time in my life I am proud of who I am."                                                                              
                                                                                                                                
MS.  SCHENKENBERGER  said  her  sobriety  has  positive  rippling                                                               
effects,  and now  a family  member and  three friends  are sober                                                               
because of  her. She now takes  care of her kids  and is involved                                                               
in  her community.  Her children  are healthier,  happier and  do                                                               
better in school. "I don't know how you put a value on that."                                                                   
                                                                                                                                
2:56:54 PM                                                                                                                    
CHAIR RAMRAS said she is remarkable  and he asked if she believes                                                               
her  success is  typical of  program graduates.  Does the  system                                                               
generate dozens or hundreds of success stories?                                                                                 
                                                                                                                                
MS.  SCHENKENBERGER  replied that  she  is  probably in  the  top                                                               
percentile, and she attributes that  to the support system around                                                               
her in  the community of  Anchorage. There is huge  potential for                                                               
success when people such as her are helped.                                                                                     
                                                                                                                                
There being  no further  business to  come before  the committee,                                                               
Chair French adjourned the meeting at 3:00:34 PM.                                                                             

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