02/03/2005 08:30 AM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Therapeutic Courts Overview | |
| SB65 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| = | SB 65 | ||
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
February 3, 2005
8:38 a.m.
MEMBERS PRESENT
Senator Ralph Seekins, Chair
Senator Charlie Huggins, Vice Chair
Senator Gene Therriault
Senator Hollis French
MEMBERS ABSENT
Senator Gretchen Guess
COMMITTEE CALENDAR
Overview: Therapeutic Justice in the Fight Against Addiction
Based Crime
SENATE BILL NO. 65
"An Act relating to certain weapons offenses involving minors;
to aggravating factors in sentencing for certain offenses
committed against a school employee; and providing for an
effective date."
HEARD AND HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 65
SHORT TITLE: OFFENSES BY MINORS/AGAINST TEACHERS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/19/05 (S) READ THE FIRST TIME - REFERRALS
01/19/05 (S) JUD, FIN
01/26/05 (S) JUD AT 8:30 AM BUTROVICH 205
01/26/05 (S) Heard & Held
01/26/05 (S) MINUTE(JUD)
WITNESS REGISTER
Ms. Janet McCabe, Chair
Partners for Progress Inc
POSITION STATEMENT: Overview Presentation
Judge Jim Wanamaker (Ret.), Director
Alaska Center for Therapeutic Justice
POSITION STATEMENT: Overview Presentation
Ms. Robyn Johnson
Therapeutic Courts Program Coordinator
Alaska Court System
303 K St.
Anchorage, AK 99501-2084
POSITION STATEMENT: Overview Presentation
ACTION NARRATIVE
CHAIR RALPH SEEKINS called the Senate Judiciary Standing
Committee meeting to order at 8:38:59 AM - Present Senators
Gene Therriault, Charlie Huggins, Hollis French and Chair Ralph
Seekins. Senator Gretchen Guess was excused.
^Therapeutic Courts Overview
MS. JANET MCCABE, chair, Partners for Progress, accompanied by
Judge Jim Wanamaker, retired, now director for Alaska Center for
Therapeutic Justice and MS. ROBYN JOHNSON, Therapeutic Courts
Program Coordinator, Alaska Court System, delivered the
presentation.
MS. McCABE distributed a handout and provided the following
information.
Purpose of presentation:
· Provide a full understanding of why and how therapeutic
courts are effective
· Want members to appreciate that for strongly addicted
repeat offenders therapeutic courts are the smart and
realistic way to protect the public
· Want to recommend how the administration and legislature
can strengthen Alaska's therapeutic courts
The group plans to talk with the administration and ask that
proposed recommendation be included as part of a comprehensive
strategy to address alcoholism and addiction. The administration
needs to have strong involvement in the program.
8:42:13 AM
In the 1980s the courts started to get tough on addictive crime.
Increased penalties are highly effective for reducing crime
associated with social drinkers but do not reach the strongly
addicted.
The first therapeutic court opened in Dade County, FL in 1989.
Page 4 shows growth nationally. Numbers of courts have increased
exponentially since 1989. There are currently 1,621 therapeutic
courts nationwide.
8:43:54 AM
Most growth is from the ground up. Judge Wanamaker started the
first wellness court in Alaska in Anchorage.
8:44:42 AM
Certain populations do not respond to the criminal justice
system and the traditional justice model doesn't work. Some
offenders have up to 31 prior convictions with multiple DUIs.
After sentencing the rehabilitation programs start within a
month but 50 percent of them don't show up and most don't
complete the program.
8:46:42 AM
Protecting the public is primary. Repeat offenders are a danger
to the public.
MADD supports therapeutic courts.
8:48:01 AM
JUDGE JIM WANAMAKER, retired district court judge, spoke.
Development of misdemeanor level wellness court in Anchorage.
Treatment is the only answer for the multiple DUI population.
Many reach middle age before they realize alcohol is a problem.
8:51:05 AM
National Drug Court Professionals - national organization -
nationwide movement to build these courts - funded by DOJ funds
- method receiving push from National Highway Safety
Association.
8:52:27 AM
Don Smith at DOTPF runs highway safety program - feds already
invested $800,000 in courts.
US Supreme Court has endorsed - judges trained - hired full-time
administrator (Robyn Johnson) to promote this type of court.
8:54:10 AM
One point Partners in Progress wanted to raise - full policy
force - want person in Governor's Office who gives sole
attention to therapeutic courts - jolted to action by felony
situation in Bethel - no new cases in 9 months. Acted as case
coordinator.
Need quick response from Administration to make work - problem
is not lack of money, it's right idea - No. 1 point on Partners'
agenda is to get full-time person in state administration -
similar to Robyn Johnson's job.
8:57:40 AM
Need to get someone in Administration with ear of Governor to
make system work.
Method vastly superior to jail - needs help to get
Administration involved.
9:01:35 AM
Pending courts in Fairbanks, Juneau, Ketchikan - makes sense to
extend the model and draw from both populations - felony and
misdemeanor levels.
SENATOR THERRIAULT referred to graph. Number of people in opt-
out category who violated conditions of release - asked if
statistics refer only to people who completed the program.
JUDGE WANAMAKER: Yes.
SENATOR THERRIAULT asked if a number of people begin program but
drop out along the line.
JUDGE WANAMAKER: Yes. Even dropouts measured and found they did
much better [than no participation]. Big benefit comes from
graduates. Introduced Robyn Johnson.
ROBYN JOHNSON, Therapeutic Court program coordinator, employee
of ACS.
9:03:28 AM
MS. JOHNSON works with courts statewide.
First court in Dade County Florida.
9:04:21 AM
Summary of Existing Therapeutic Courts.
Mental Health Court - started in '98 by Judge Rhodes, trainer at
National Judicial College. Second court established in
Anchorage.
9:06:04 AM
Funding from 4 sources:
· Legislature funded through HB 172
· The Alaska Mental Health Trust Authority
· Partners for Progress
· National Highway Traffic Safety Funds
9:07:58 AM
Trust gave funding to train judges for the last two years,
therapeutic courts and mental illness. Not feasible to have
courts in all communities - need to bring same principles to
communities.
9:08:54 AM
First court in Palmer - Palmer Coordinated Resources Project.
Fairbanks, Ketchikan, Juneau will be based on Anchorage model.
Invited committee members to visit courts. She sees remarkable
transformations and positive long-term impacts.
Quoted George Bush.
9:11:08 AM
SENATOR HUGGINS: Is Anchorage Veterans court subset?
MS. JOHNSON: Veterans court target veterans. Therapeutic courts
target people with underlying addiction.
9:11:59 AM
SENATOR HUGGINS: Generally the same - 10 percent population in
designated category, same concept?
MS. JOHNSON: Yes. Also cross-reference because some vets
eligible for other courts too.
SENATOR HUGGINS: Do you recommend the vets court should be
mainstreamed into therapeutic courts?
MS. JOHNSON: Vets court started in July of last year - will be
evaluated - court will decide on how to proceed.
9:13:02 AM
SENATOR FRENCH: One request to extend to wellness court method
to felony DUI cases? Summary lists felony DUI court by Judge
Joannides - what became of that court?
MS. JOHNSON: Last year DOC advised they were having difficulty
hiring probation officers. Said they would continue commitment
to participants but can't take more.
SENATOR FRENCH: Idea in future ASEP will take over?
9:15:16 AM
MS. JOHNSON: Yes and for felony and misdemeanor level too.
9:15:32 AM
JUDGE WANAMAKER: Partners in Progress is a non-profit
corporation, not a court system program.
MS. McCABE: Partners recommends including felony and misdemeanor
categories in wellness court - similar characteristics. Court
system is looking at expanding wellness court system to
Fairbanks, Juneau and Ketchikan.
SENATOR FRENCH: Felon and misdemeanant would be in same court
room, same time, same judge but with a mechanism that gives
Superior Court judge authority to designate to District Court
judge?
JUDGE WANAMAKER: Yes. Partners working with Representative
Rokeberg.
SENATOR FRENCH: Good idea rather than balkanized system.
79:18:03 AM
MS. McCABE: Fairbanks, Juneau, Ketchikan - no capacity to handle
felons at all because no HB 172 versions in those communities.
This would create a consolidated approach in start up courts.
9:18:39 AM
SENATOR HUGGINS: Naltrexone.
JUDGE WANAMAKER: Originally designed for people addicted to
opiates. Accidentally discovered stops desire for alcohol. Same
mechanism blocks dopamine. No pleasure from drinking - takes
away craving.
9:20:04 AM
JUDGE WANAMAKER: Provides opportunity to stop - works on
children who cut themselves for opiate release and helps
anorexics.
SENATOR HUGGINS: How does victim of drug user feel about that
treatment for offender?
9:21:39 AM
JUDGE WANAMAKER: Third case in wellness court, victim of car
accident didn't want criminal coddled. Victim supported wellness
court and said method worked and turns lives around.
9:22:44 AM
SENATOR FRENCH: Need to elaborate what protects public from
offender who goes astray. Asked the conditions in place while
undergoing treatment.
9:24:08 AM
JUDGE WANAMAKER: One advantage is offender starts right after
committed crime. Court starts people on electronic monitoring.
Intoximeter built into phone. Another technology called SCRAM on
ankle 24/7 measures alcohol in sweat.
9:26:48 AM
MS. McCABE: If drop out, go back to regular sentencing.
SB 65-OFFENSES BY MINORS/AGAINST TEACHERS
9:38:21 AM
CHAIR RALPH SEEKINS announced SB 65 to be up for consideration.
SENATOR THERRIAULT moved to adopt Version \F as the working
document before the committee.
CHAIR SEEKINS explained the intent is to provide safety on
school grounds.
9:40:24 AM
CHAIR SEEKINS added the intent is to protect school grounds,
school buses, school activities, and the people who are
connected to the school.
SENATOR HUGGINS noted it was the similar to military compounds.
SENATOR FRENCH said AS 11.41 refers to assault crimes.
9:41:56 AM
SENATOR FRENCH voiced support.
SENATOR THERRIAULT read the definition of school grounds from
the statutes.
CHAIR SEEKINS advised there was a request from the school
districts that protection be extended to the administrative
offices.
9:44:01 AM
CHAIR SEEKINS asked for amendments to the bill. He noted the
intent was to move the bill out today.
SENATOR THERRIAULT moved Amendment 1.
Page 1 lines 8, 9 include the administrative offices of the
school district.
SENATOR FRENCH objected. He said he wanted to hear from school
districts that have administrative buildings off of school
grounds to find out whether it is an issue.
9:46:12 AM
CHAIR SEEKINS conceded he could carry the bill over to allow
testimony from the school districts.
SENATOR FRENCH asked for time to review the committee
substitute.
CHAIR SEEKINS tabled Amendment 1 and held SB 65 in committee.
There being no further business to come before the committee,
Chair Seekins adjourned the meeting.
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