HCR 26-HOUSE ARREST/ELECTRONIC MONITORING  JESSICA MENENDEZ, staff to Representative Joe Green, explained the resolution supports increased use of the House Arrest and Wellness Court Programs as a means of preventing crime and reducing the high cost of imprisonment in Alaska. The purpose of the resolution is to urge the Department of Corrections, the Department of Law and attorneys to work together to expand the use of this program as a condition of bail and complementary to a therapeutic court program. Included in member's packets was background information on the House Arrest Program. In 1998, the Legislature established the House Arrest Program authorizing the Commissioner of Corrections to designate prisoners who would serve their terms of imprisonment by wearing a bracelet seven days a week, 24 hours a day to provide electronic monitoring. The bracelet allows the prisoner to continue to participate in family, education or work commitments. Additionally, sobriety can be monitored with a piece of equipment that recognizes the offenders voice and takes a breath reading to measure their blood alcohol level. That data is transmitted to a computer and then dispatched to corrections to alert them as to whether or not there has been a violation. The use of both the electronic bracelet and the sobriety monitoring equipment can be used as an alternative to incarceration. The cost of the program is about $14.00 per person per day compared to the statewide average cost of incarceration of $114.00 per person per day. Wellness Court is a special court that handles cases involving municipal alcohol and drug addictive offenders through an intensive supervision and treatment program. A federal grant from the Department of Justice has helped fund the wellness court in Anchorage and in Juneau. This is another cost alternative to treatment. Individuals in the program commit to a highly monitored 18-month program where they are required to take Naltrexone, an anti-craving medication. Each offender will have a case manager and make frequent visits to the District Court to speak to the judge about their success in attending required meetings and treatments. After the program is successfully completed, they have a reduced or suspended sentence. The primary goals of wellness court are to reduce recidivism, reduce substance abuse among the participants and to rehabilitate the participants. The program offers front-end diversion as opposed to long-term sentences that aren't really successful in addressing the underlying problem. Both programs have been somewhat successful and the resolution points to increased use of and support for the programs. rd JUDGE JAMES WANAMAKER, 3Judicial District Anchorage Judge, testified via teleconference saying the resolution calls for expanding the use of the house arrest program and electronic monitoring as a condition of parole. The Department of Corrections has been very helpful in getting the program underway. He then gave a brief description of the pioneer case that was very successful. The program is widely used in Anchorage and they look forward to starting similar programs statewide. He said there is great benefit to building individuals back up to full citizenship and at the same time saving the state money because the participants pay the cost of the program themselves. CHAIRMAN THERRIAULT announced the committee was probably going to look favorably on the resolution so testifiers should briefly state their points of support or areas of concern. RUDOLPH NEWMAN, successful program participant, testified via teleconference in support of the program. After numerous arrests and many years in jail, he completed the program and is pleased to report that he is now a responsible member of his community. SENATOR DAVIS told Mr. Newman she observed him on Gavel to Gavel. She sent him sincere congratulations on his progress and encouraged him to keep up his good work. GREG PEASE, Executive Director for Gastineau Human Services since 1987, said the resolution points to the new direction justice is taking worldwide and recognizes that the use of technology, pharmacology and coordinated treatment service delivery can prevent criminal behavior and reduce the high cost of incarceration. It recognizes the positive affects the therapeutic court movement has had on the substance-abusing offender and their families and requests that appropriate state agencies work together to educate themselves and the public in the use of current correctional and therapeutic models of behavior modification and treatment. He agreed with Judge Wanamaker regarding the support the Department of Corrections has given. He pointed out that on page 2, line 5 the language refers to new technology for sobriety monitoring. He clarified that the technology was not new, but there are new pieces of technology. As a representative of the American Probation and Parole Association for Washington, Oregon, Montana and Alaska he provided committee members with those states' letters of support. However, he wanted to make it clear that neither electronic monitoring nor house arrest is a substitute for intensive case management services. The Department of Corrections and the Department of Health and Social Services are currently facing budget cuts that will be devastating to the population he has worked with for over 25 years because high tech will never replace high touch. CHAIRMAN THERRIAULT asked Mr. Pease to clarify that the word "new" on page 2, line 5 was not problematic. MR. PEASE replied it wasn't, it is just a note of clarification. SENATOR HALFORD asked whether there was any interaction with victim advocate groups regarding the reduction or elimination of prison terms after the program was successfully completed. He thought a victim might want to be notified when an offender was released or had their term reduced. MR. PEASE replied they currently operate victim impact groups. It is part of the restorative justice program to include the victim. JUDGE WANAMAKER agreed and said this is required by the new law. Victims are notified at sentencing. CHAIRMAN THERRIAULT asked if part of the notification included the type of incarceration. JUDGE WANAMAKER said that is discussed in the process. SENATOR HALFORD asked whether the victim has the right to object. JUDGE WANAMAKER said they did. 4:00 p.m. PAM WATTS, Executive Director of the Advisory Board on Alcoholism and Drug Abuse, testified in support of the resolution. The program not only frees prison beds, it allows offenders the opportunity to function productively to address work, education and family obligations. This program is an example of how people can be accountable for their behavior, be responsible for their obligations as citizens, and receive the needed structure of sobriety monitoring. This also offers opportunities for treatment that are necessary to achieve lasting change in behaviors. The program reduces costs and increases the likelihood the offenders will not be recidivists. They too are extremely concerned about the proposed budget cuts to the Division of Alcoholism and Drug Abuse because it would impact the ability of these programs to be effective. Monitoring alone without the treatment to reduce the craving would fall short of the anticipated goals of the program. CANDACE BROWER, legislative liaison for the Department of Corrections, testified in support of the resolution. She reiterated that when the Department of Corrections puts someone on electronic monitoring, they are required to notify victims and they have the right to object. She then clarified that the $14.00 per day is for the equipment and the offender is required to pay for that. However, they do have waivers so indigent individuals aren't excluded from participation. These programs cannot operate without the personnel to oversee and supervise offenders, to be able to intervene when a violation occurs and to respond to the equipment. It's a very good tool for getting offenders back into the community and functioning productively. C JANET MCABE with Partners for Progress in Anchorage testified via teleconference in support of the resolution. She said that in the last two years the use of the house arrest program has resulted in a cost avoidance of over $2.3 million and there is great opportunity to expand the program. There was no further testimony. CHAIRMAN THERRIAULT said he had no prepared CS. He noted the zero fiscal note. There were no proposed amendments from committee members. He asked for the will of the committee. SENATOR PHILLIPS made a motion to move HCR 26 and attached fiscal note from committee with individual recommendations. There being no objection, HCR 26 moved from committee.