SB 151-FETAL ALCOHOL SPEC. DISORDER AS MITIGATOR  CHAIR DAVIS announced the consideration of SB 151. 1:46:32 PM SENATOR KEVIN MEYER, sponsor of SB 151, explained that the bill would include Fetal Alcohol Spectrum Disorders (FASD) and Traumatic and Acquired Brain Injury (A/TBI) as "impaired brain function" under the state's existing definition of "mental disease or defect" and as mitigating factors in sentencing. Currently, under state law FASD and A/TBI are not included under those definitions. He cautioned that the bill is not a "get out of jail free" card. The intent is to have more appropriate sentencing for people who suffer from these disabilities. The hope is that those people receive the treatment they need. SENATOR MEYER referred to a recent presentation by Chief Justice Carpeneti who requested that judges have more flexibility in issuing sentences. Senator Meyer spoke of his efforts to correct an inequity. Alaska has the highest rate of FASD in the nation. According to the experts at the Alaska FASD Partnership, people with FASD are disproportionately represented within the criminal justice system. CHAIR DAVIS asked if version X was before the committee. SENATOR MEYER said that was correct. [There was no objection, and the assumption was that version X, 27-LS1132\X, was the working document of the committee.] 1:49:31 PM KATE BURKHART, Executive Director, Alaska Mental Health Board, Advisory Board on Alcoholism and Drug Abuse, testified in support of SB 151. She recalled the history of this legislation, which is a grass roots effort led by the families of individuals with FASD and FASD individuals themselves. The FASD Partnership steering committee drafted a specific recommendation for the legislation. MS. BURKHART addressed the fact that the legislation does not create a "get out of jail free" card. It provides that judges "may" impose a lesser sentence. The bill provides additional discretion to judges to help ensure that defendants are treated fairly according to their abilities. 1:54:13 PM MARIE OLSON, representing herself, spoke in support of SB 151. She recalled participating in conventions related to Fetal Alcohol Spectrum Disorder (FASD). She shared her experience with children who had FASD and the problems related to the disease. She predicted that many are in jail because of the disease. She said that in FASD individuals, part of the brain has not developed and the person is not totally responsible for his or her actions. The bill is a step forward in the right direction, but does not address the whole problem. Limiting the jail time is part of the answer. She said she was grateful for the bill. 1:59:12 PM MARGARET VROLYK, Parent Navigator, FASD Diagnostic Clinic, testified in support of SB 151. She shared her experience as a parent of a son with FASD. She also voiced concern about two areas of the bill. SENATOR MEYER noted the removal of those two sections in version X. SENATOR EGAN moved to adopt the proposed CS for SB 151, labeled 27-LS1132\X, as the working document. There being no objection, version X was before the committee. 2:03:09 PM RIC IANNOLINO, representing himself, spoke in support of SB 151. He related that he coordinates the FASD Diagnostic Clinic in Juneau. He reported that Australia and other parts of the world are also in favor of the bill. He called the legislation humane and cost effective. SENATOR MEYER the goal of the bill is to give a judge flexibility to adjust sentencing because of an individual's disability. He asked Mr. Iannolino if his clinic deals with those who are sentenced to treatment instead of jail time. MR. IANNOLINO said Juneau Alliance for Mental Health and Gastineau Human Services both provide services to people who need services outside of prison. SENATOR MEYER asked why the clinic closed. MR. IANNOLINO said he was retiring. 2:07:16 PM LORETTA (BETTY) MARVIN, representing herself, spoke in support of SB 151. She recalled her experiences working with FASD children. She related that she has experienced calls from parents requesting help for their children. She stated that FASD prisoners are treated poorly in jail. She shared a story. She agreed that a lesser sentence and some sort of help are answers to this problem. 2:10:36 PM MICHAEL JEFFREY, Superior Court Judge, Barrow, Alaska, testified in support of SB 151. He said he has served on the statewide FASD committee. He maintained that the problem is a legislative issue. He said that brain injuries go beyond FASD, such as returning military with brain trauma. He spoke of the range of FASD disorders. He opined that there is a need for protection for public safety, but also for sentencing that meets the needs of this population. He agreed that the bill was cost effective. SENATOR MEYER thanked Mr. Jeffrey for his testimony. He invited him to participate in the Judiciary Committee hearing. He asked what type of FASD individuals come before the court. He did not think there were many violent cases. MR. JEFFREY observed that the person that comes before the court does not appear to be disabled. Most people affected with FASD in rural Alaska are not diagnosed. He pointed out that there are red flags to watch for. The classic charges fall into the following categories: property crimes, minor assaults, and a range of violations. He emphasized that the point is to have the sentencing fit the crime and for other methods to be used rather than jail time. 2:19:10 PM DEB EVENSON, Director, Fetal Alcohol Consultation and Training Services (FACTS), spoke in favor of SB 151. She shared her extensive work with FASD. She quoted Stewart Whitley, Minister, Health and Human Service, Yukon Territory, who said, "Think of the unjustness of being visited by an affliction of appearing to understand more than you do." She talked about how many fetal brain cells are destroyed by alcohol. The brain works differently with FASD, with the problem solving ability being about half the person's chronological age. She said this legislation is a giant step toward fair sentencing. She shared a story from court in Whitehorse, Yukon Territory, where a young man was given an alternative sentence and has not re-offended. 2:24:21 PM JEANNE GERHARDT-CYRUS, Kaina, Alaska, testified on her own behalf in support of SB 151. She spoke of her personal experience with a child with FASD. She said if the goal is to prevent recidivism and protect society, then FASD victims should not be put in jail with others. They should receive structure and support in other ways. 2:30:27 PM MONICA CHARLES-LEINBERGER, Alaska FASD Partnership, Bethel, Alaska, testified in support of SB 151. She listed her involvement as a member of the local FASD diagnostic team and as a FASD and Behavioral Specialist for the Lower Kuskokwim School District. She voiced concern about FASD individuals that don't learn from serving time. She spoke of her experience with FASD children in Lower Kuskokwim School District and how intervention plans are developed. She concluded that the bill will give the judicial system a way to look at a person as an individual. 2:34:41 PM DAVE FLEURANT, Disability Law Center of Alaska, testified in support of SB 151. He spoke of a decision in Canadian Court by Judge Barry Stewart who said, "It is manifestly unfair to make an individual pay for their disability with their freedom." CHAIR DAVIS noted the bill would move to the Judiciary Committee next. SENATOR DYSON moved to report CS for SB 151, version X, from committee with individual recommendations and accompanying fiscal notes. There being no objection, CSSB 151(HSS) was reported from the Senate Health and Social Services Standing Committee.