Therapeutic Courts in the Alaska Court System

Item Type Article

Authors Armstrong, Barbara

Citation Armstrong, Barbara. (2016). "Therapeutic Courts in the Alaska Court System." Alaska Justice Forum 33(2–3): 2–6 (Summer/Fall 2016).

Publisher Justice Center, University of Alaska Anchorage

Download date 29/09/2021 22:52:47

Link to Item http://hdl.handle.net/11122/7339 2 Alaska Justice Forum 33(2–3), Summer/Fall 2016

Therapeutic Courts in the Alaska Court System

Barbara Armstrong The Rise and Expansion of peutic court programs last 12 to 24 months. Therapeutic courts—often called “prob- Therapeutic Courts The therapeutic court process involves a lem-solving courts” or “wellness courts”— team of individuals including the offender, have been a growing component of the U.S. Therapeutic courts began in 1989 with the judge, the prosecutor, defense counsel, court system since the 1990s. The National the Miami Drug Court, according to a 2010 and court administrative personnel—and Drug Court Institute (NDCI) reported that Center for Court Innovation study, and since possibly an outside agency related to the of- in 2014 there were 4,368 problem-solving then drug courts have grown rapidly in a fender’s status or underlying problem (such courts in the nation. Figure 1 shows the dra- number of jurisdictions across the nation as the U.S. Department of Veterans Affairs matic increase in the number of drug courts (Figure 1). The drug court model soon led for veterans courts)—as well as a treatment from 1989 to 2014. Therapeutic courts differ to the creation of courts dealing with alcohol provider representative. from traditional courts in their holistic ap- issues, most often DUI (driving under the This holistic approach, using a collabora- proach to offenders and to the underlying influence of drugs or alcohol) offenses. Drug tive strategy developed by justice system issues which bring these individuals into and alcohol treatment is a critical part of representatives and treatment service pro- the justice system—most notably substance the therapeutic court model and most thera- viders, results in what the Center for Court abuse and mental health. The Alaska Court System (ACS) currently operates 12 thera- Figure 1. Number of Drug Courts by Year in the United States, 1989–2014 peutic courts statewide (Table 1) and is con- 3,500 sidering additional pilot project courts. The latest additions to the roster of therapeutic 3,000 courts are a dual-jurisdiction state-tribal 2,500 wellness court—the Kenai Henu’ Commu- 2,000 nity Wellness Court—with cases presided 1,500 over by both a state judge and a judge of 1,000 the Kenaitze Tribal Court, and a drug- and 500 alcohol-related felony wellness court in 0 Palmer. This article provides a brief over- view of the development of ACS therapeutic courts, including a description of therapeutic Source of data: National Drug Court Institute, "Painting the Current Picture: A National Report on Drug Courts and Other Problem-Solving Courts in the United States" (2016), Table 3 (http://www.nadcp.org/sites/ courts currently in existence in our state, as default/files/2014/Painting%20the%20Current%20Picture%202016.pdf). well as proposed pilot project courts.

Table 1. Therapeutic Courts in the Alaska Court System Type of case referred Date Misde- Court Eligible offenders established Capacity Felony meanor Anchorage Child in Need of Aid (CINA) Parents or custodians aged 18 or over of children; individuals who are 2014 20 —— Therapeutic Court in need of recovery services Anchorage Coordinated Resources Project Alaska Mental Health Trust Authority beneficiaries charged with 1998 75 XX (Mental Health Court) criminal offenses Anchorage Municipal Wellness Court Charged with DUI or refusal or other alcohol-related charge 1999 30 X Anchorage Wellness Court — Felony Drug Court Felony drug or drug-related offenses 2001 20 X Anchorage Wellness Court — Felony DUI Court Felony DUI or felony refusal 2001 40 X Anchorage Veterans Court Veterans with misdemeanor or felony alcohol- or drug-related offenses 2004 25 XX Felony or misdemeanor crime directly related to offender substance Bethel Therapeutic Court 2002 20 XX abuse; or violation of probation due to substance abuse Fairbanks Wellness Court Felony DUI 2007 30 X Juneau Coordinated Resources Project Misdemeanor or felony charge; currently diagnosed with a mental 2012 15 XX (Mental Health Court) illness or qualifying for mental health services Juneau Therapeutic Court Felony alcohol- or drug-related offenses 2005 15 XX Kenai Henu' Community Wellness Court People convicted of drug- and alcohol-releated misdemeanor and 2016 20 XX (State-Tribal Wellness Court) felony offenses Charged with multiple misdemeanors, a felony DUI, or felony refusal; Ketchikan Therapeutic Court 2005 12 XX or on probabion for felony DUI or felony refusal Charged with misdemeanor or low-level felony and diagnosed with a Palmer Coordinated Resources Project mental disability; Alaska Mental Health Trust Authority beneficiary; 2005 25 XX (Mental Health Court) Mat-Su resident Source of data: Alaska Court System. See also "Therapeutic Court Information," http://www.courts.alaska.gov/therapeutic/index.htm Alaska Justice Forum 33(2–3), Summer/Fall 2016 3

Innovation describes as “individualized the court, ensure offender accountability, Hornby Zeller Associates on the Anchor- justice” for the offender. Other common and focus on positive outcomes for the age and Palmer mental health courts, and a elements of the therapeutic court process, in individual and the community. 2008 Urban Institute Justice Policy Center addition to treatment for factors contribut- report on the Anchorage Wellness Court. Effectiveness of Problem-Solving Courts ing to criminal behavior, include offender Both reports noted the positive impact of accountability, community engagement, The 2016 report by the National Drug these courts, including decreased involve- staff training, data collection for each case, Court Institute (NDCI) provides a brief sum- ment by program graduates in the criminal improved safety for victims and the public, mary of research on problem-solving courts, justice system. and an overall focus on positive outcomes and discusses the many meta-analyses that Therapeutic courts in the Alaska Court for the offender and the community. have been conducted. The majority of System are also part of the research cur- Therapeutic courts have expanded to research has been done on drug courts, a rently being done by the Alaska Justice deal with a variety of issues (both criminal category of problem-solving court that has Information Center (AJiC) for the Results and civil) and types of offenders. A Bureau been in existence the longest. There is con- First Initiative. This initiative examines of Justice Statistics (BJS) 2012 census of sensus that adult drug courts, DUI courts, evidence-based programs, like therapeutic problem-solving courts in the U.S. outlined family drug courts, and mental health courts courts, that potentially impact recidivism, the following categories of courts: “improve justice system outcomes and can and then generates additional information return net financial benefits to taxpayers.” on benefits and costs to help guide policy ●● drug courts work with offenders with Because the majority of research has focused decisions and resource allocation. an underlying drug abuse problem; on drug courts, additional work is needed to ●● mental health courts work with Alaska Court System determine the effectiveness of other types of offenders who have a mental illness Therapeutic Courts courts. The NDCI also suggests that further or developmental disability; research is needed to understand why and The first Alaska Court System “wellness ●● family courts address issues with how therapeutic courts result in positive out- court” was established in Anchorage in 1999 parents and children such as custody comes, and to discover ways to improve the to deal with misdemeanor DUI offenders. In- —parental substance abuse may be a effectiveness of these programs. Research dividuals were screened for eligibility for the factor—or may deal with other family has also shown that the number of thera- 18-month program and voluntarily agreed to issues such as domestic violence; peutic courts will likely continue to grow, ●● domestic violence courts focus on and will be able to operate more effectively Please see Therapeutic courts, page 4 offenders and treatment and assisting with more data identifying the key aspects victims with safety needs; of successful programs. ●● tribal wellness courts deal with Most of the above studies have focused substance abuse and other issues Alaska on the numerous problem-solving courts in through partnerships between state the Lower 48. However, several studies of Justice courts and American Indian/Alaska Alaska problem-solving courts have been Native tribal courts; Forum undertaken by the Alaska Judicial Council ●● veterans courts concentrate on (Council) since 2000, shortly after the incep- Editor: Barbara Armstrong this specific population and the tion of therapeutic courts in the state. The Editorial Board: Allan Barnes, Lindsey surrounding issues which bring results published in these studies have been Blumenstein, Jason Brandeis, Sharon veterans into the justice system, such Chamard, Ron Everett, Ryan Fortson, Kristin positive and indicate that successful gradu- as substance abuse and homelessness; Knudsen, Cory R. Lepage, Brad Myrstol, ates of the programs in problem-solving ●● youth specialty courts focus on issues Khristy Parker, Troy Payne, Deborah Periman, courts have lower recidivism rates following with young offenders; and Marny Rivera, André Rosay graduation, which results in cost savings for Typesetting and Layout: Melissa Green ●● DWI (also called DUI) courts work the system. The studies have examined the with offenders who have DWI (driving André Rosay, Director, Justice Center Anchorage mental health courts, Anchorage while intoxicated) offenses. Some felony drug court and felony DUI court, and Published three times per year by the courts are hybrid DWI/drug courts. Bethel therapeutic court. Overall, thera- Justice Center In addition to the above categories peutic court program graduates had lower College of Health identified by BJS, some jurisdictions may recidivism rates than offenders in compari- University of Alaska Anchorage have other specialty courts, such as reentry, son groups.The most recent therapeutic 3211 Providence Drive Anchorage, AK 99508 prostitution, or homelessness courts. court study by the Council was published (907) 786-1810 Offenders being considered for a thera- in 2012 and looked at therapeutic courts (907) 786-7777 fax peutic court are screened for eligibility and and the Alaska Department of Corrections [email protected] given the opportunity to participate. The institutional substance abuse programs. The http://www.uaa.alaska.edu/justice/ programs are voluntary, and typically in- study indicated that these programs also © 2016 Justice Center, College of Health, volve some form of treatment related to an had a positive impact on recidivism rates. University of Alaska Anchorage underlying issue that brought the individual In 2012, a law review article by Anchorage ISSN 0893-8903 to the attention of the justice system. By Superior Court Judge Jack W. Smith, who at The opinions expressed are those of individual opting to participate in a therapeutic court, one time presided over the Alaska Veterans authors and may not be those of the Justice and complying with all the requirements, Court, looked at the benefits of that court. Center. an offender can decrease the amount of jail The article noted that obtaining more data The University of Alaska provides equal or prison time related to an offense, and in about court participants would assist future education and employment opportunities for some instances, the case may be dismissed. analysis of the effectiveness of the court. all, regardless of race, color, religion, national origin, sex, age, disability, or status as a The goal is to assist the offender in desisting Other studies of Alaska Court System Vietnam-era or disabled veteran. from the behavior that brought them before therapeutic courts include 2008 reports by 4 Alaska Justice Forum 33(2–3), Summer/Fall 2016

Therapeutic courts of aid (CINA) court, a veterans court, and importantly, the therapeutic court model (continued from page 3) the newly established state-tribal wellness is an alternative justice model in which a court— Kenai Henu’ Community Wellness collaborative court team made up of a su- participate. Substance abuse treatment, as Court. Therapeutic courts are located in An- pervising judge, district attorney, defense well as supervision, are core elements. The chorage, Bethel, Fairbanks, Juneau, Kenai, counsel, probation officer and/or substance court was specifically called a “wellness Ketchikan and Palmer, with the goal to ex- abuse or mental health treatment provider, court” to reflect the Alaska Native view of pand to other court jurisdictions in the future. oversees and closely monitors participants justice as a restorative process. Funding for therapeutic courts comes from who chose the treatment program in lieu of The Alaska Court System has come to legislative appropriation, federal and state incarceration. recognize different needs in the commu- agency grants, and community and private Offenders who meet the eligibility nity, and has sought to expand the types entity donations. At present, more than half screening requirements for participation in of therapeutic courts available to deal with of the therapeutic courts (8) focus specifi- a therapeutic court follow prescribed condi- both felony and misdemeanor offenders, as cally on working with offenders who have tions and are supervised by a member of the well as to increase access to these courts. substance abuse issues. (Substance abuse is therapeutic court team. Once all required The growth of therapeutic courts is tied often a common factor among participants conditions have been met, the individual is to the concept of individualized justice, as in all of the therapeutic courts.) eligible to “graduate” from the therapeutic well as to access to the most effective and Although successful participants are court in a graduation ceremony. Both the appropriate judicial process. The roster of able to receive reduced sentences and sanc- graduates and the judges who preside over Alaska therapeutic courts (Table 1, page tions, and in some instances dismissal of a the ceremony have stated that this event is 2) now includes DUI courts, drug courts, charge, the Alaska Court System stresses in often a momentous occasion for successful mental health courts (with support from its website description of therapeutic courts participants, and can be an important mile- the Alaska Mental Health Trust Authority), that these courts are “not an ‘easy way stone in continued desistance and recovery. municipal wellness courts, a child in need out’ of a felony or misdemeanor….” Most Wellness/therapeutic courts operate in

Resources Alaska Court System. (2016). Alaska Court System Annual Report FY 2015: uploads/2014/10/ADOC-Trust-Beneficiaries-May-2014-FINAL- July 1, 2014–June 30, 2015. Anchorage, AK: Alaska Court System. PRINT.pdf). (http://www.courtrecords.alaska.gov/webdocs/admin/docs/fy15.pdf). Hunsinger, Eddie. (2016). “1 in 10 Is a Veteran: A Look at Military Veter- Alaska Court System. (2016). “Therapeutic Courts” (web page). (http:// ans in the State with the Highest Percentage.” Alaska Economic Trends courts.alaska.gov/therapeutic/). 36(6): 4–7 (Jun 2016). (http://labor.alaska.gov/trends/Jun16.pdf). Alaska Judicial Council. (2016) (website). (http://www.ajc.state.ak.us/). Marlowe, Douglas B.; Hardin, Carolyn D.; & Fox, Carson L. (2016). Alaska Mental Health Trust Authority. (2015) (website). (http://mhtrust. Painting the Current Picture: A National Report on Drug Courts and org/). Other Problem-Solving Courts in the United States. Alexandria, VA: Carns, Teresa White; Cohn, Larry; & Martin, Stephanie. (2012). Recidi- National Drug Court Institute. (http://www.nadcp.org/sites/default/ vism in Alaska’s Therapeutic Courts for Addictions and Department of files/2014/Painting%20the%20Current%20Picture%202016.pdf). Corrections Institutional Substance Abuse Programs. Anchorage, AK: McDowell Group. (2012). The Economic Costs of Alcohol and Other Alaska Judicial Council. (http://www.ajc.state.ak.us/sites/default/files/ Drug Abuse in Alaska: 2012 Update. Juneau and Anchorage, AK: imported/reports/2012programrecid.pdf). McDowell Group. (http://dhss.alaska.gov/abada/Documents/pdf/ Carns, Teresa W.; Cohn, Larry; McKelvie, Susan; Miller, Jenny; Marrs, EconomicCostofAlcoholandDrugAbuse2012.pdf). Emily; Atwell, Cassie; & Martin, Stephanie. (2005). Evaluation of the Porter, Rachel; Rempel, Michael; & Mansky, Adam. (2010). What Makes Outcomes in Three Therapeutic Courts: Anchorage Felony Drug Court, a Court Problem-Solving? Universal Performance Indicators for Anchorage Felony DUI Court, Bethel Therapeutic Court. Anchorage, Problem-Solving Justice. New York: Center for Court Innovation. AK: Alaska Judicial Council. (http://www.ajc.state.ak.us/reports/ (http://www.courtinnovation.org/sites/default/files/What_Makes_A_ TherCt2004.pdf). Court_P_S.pdf). Carns, Teresa White; McKelvie, Susan; Cohn, Larry; & Martin, Stephanie. Roman, John; Chalfin, Aaron; Reid, Jay; & Reid, Shannon. (2008). (2007). Recidivism in Alaska’s Felony Therapeutic Courts. Anchor- Impact and Cost-Benefit Analysis of the Anchorage Wellness Court. age, AK: Alaska Judicial Council. (http://www.ajc.state.ak.us/reports/ Urban Institute, Justice Policy Center. (http://www.urban.org/publica- recidtherct07.pdf). tions/411746.html). Carns, Teresa W.; McKelvie, Susan; Scott, Pat; Grabowski, Kathy; McKel- Rossman, Shelli B.; Roman, John K.; Zweig, Janine M.; Rempel, Michael; vie, Alan R.; & Wininger, Melissa. (2003). Court Coordinated Resources & Lindquist, Christine H. (2011). The Multi-Site Adult Drug Court Project Evaluation Report. Anchorage, AK: Alaska Judicial Council. Evaluation: Executive Summary. Washington, DC: Urban Institute, (http://www.ajc.state.ak.us/reports/CRPReport.pdf). Justice Policy Center. (http://www.nadcp.org/sites/default/files/2014/ Dosik, Susie Mason. (2008). Transferability of the Anchorage Wellness Painting%20the%20Current%20Picture%202016.pdf). Court Model. Anchorage, AK: Alaska Judicial Council. (http://www. RTI International. (2016). “National Survey on Drug Use and Health.” ajc.state.ak.us/reports/transfer08.pdf). (website). Research Triangle Park, NC: RTI International. (https:// Ferguson, Andrew; Hornby, Helaine; & Zeller, Dennis. (2008). Outcomes nsduhweb.rti.org/respweb/homepage.cfm). from the Last Frontier: An Evaluation of the Anchorage Mental Health Smith, Jack W. (2012). “ The Anchorage, Alaska Veterans Court and Court — Anchorage Coordinated Resources Project. South Portland, Recidivism: July 6, 2004 – December 31, 2010.” Alaska Law Review ME: Hornby Zeller Associates. (http://hornbyzeller.com/wp-content/ 29(1): 93–111. (http://scholarship.law.duke.edu/alr/vol29/iss1/4). uploads/2013/11/ACRP-Report-FINAL.pdf). Strong, Suzanne M.; Rantala, Ramona R.; & Kyckelhahn, Tracey. (2016). Ferguson, Andrew; McAuley, Kristen; Hornby, Helaine; & Zeller, Dennis. Census of Problem-Solving Courts, 2012. BJS Bulletin. NCJ 249803. (2008). Outcomes from the Last Frontier: An Evaluation of the Palmer Washington, DC: U.S. Department of Justice, Bureau of Justice Coordinated Resources Project – Palmer Mental Health Court. South Statistics. (https://www.bjs.gov/index.cfm?ty=pbdetail&iid=5744). Portland, ME: Hornby Zeller Associates. Substance Abuse and Mental Health Services Administration. (2015). Hornby, Helaine; Rubin, Mark; & Zeller, Dennis. (2014). Trust Benefi- Behavioral Health Barometer: Alaska, 2015. SMA-16-Baro-2015- ciaries in Alaska’s Department of Corrections. South Portland, ME: AK. Rockville, MD: U.S. Department of Health and Human Ser- Hornby Zeller Associates. (http://mhtrust.org/mhtawp/wp-content/ vices, Substance Abuse and Mental Health Services Administration. Alaska Justice Forum 33(2–3), Summer/Fall 2016 5

Anchorage, Bethel, Juneau, and Ketchikan, such as custody. This court is now an estab- need of aid (CINA) cases involving felony and deal with misdemeanor and felony drug lished therapeutic court, and functions with offenders. It is anticipated this court will and alcohol offenders. A wellness court will input from representatives from the Alaska hear its first cases in December 2016. open in Palmer in January 2017. The An- Office of Children’s Services, the Division These therapeutic courts exist as part of chorage Municipal Wellness Court, which of Behavioral Health, the Office of Public the effort to deal with the substantial prob- deals with misdemeanor alcohol offenders, Advocacy, the Public Defender, Native orga- lems of substance abuse and mental health was the first therapeutic court established nizations, and other social service agencies. issues that are contributing factors for in- in Alaska. All of these courts utilize a team A government-to-government agreement volvement with the criminal justice system. approach for each case and work to assist was recently signed between the Alaska Behavioral Health Data offenders in becoming productive citizens. Court System, Alaska Department of Law, and Court Case Filings Participants in these courts who successfully and the Kenaitze Tribe. This is the first such complete all requirements of the program are agreement in the state. An Alaska Court Substance abuse continues to be a sig- eligible to receive sentences that include System judge and a Kenaitze Tribal judge nificant public health issue in the U.S. and reduced or dismissed incarceration time. will sit jointly to hear felony cases involving The Coordinated Resources Project substance abuse issues, as well as child in Please see Therapeutic courts, page 6 includes the mental health courts in Anchor- age, Juneau, and Palmer. The first mental Table 2. Growth of Drug Courts from 2009 to 2014 health court was established in Anchorage Percent in 1999. The Palmer court began operation change in 2005 and the Juneau court was created Drug court model 12/31/2009 12/31/2014 Difference 2009 to 2014 in 2012. A high percentage of adults in the criminal justice system are Alaska Mental Adult drug court 1,317 1,540 +223 +17 % Health Trust Authority (Trust) beneficia- Adult hybrid drug/DUI court* 354 407 +53 +15 % ries—that is, individuals who are dealing Campus drug court 5 3 -2 -40 % with any of the following: Co-occurring disorders court NR 62 — — DUI court 172 262 +90 +52 % ●● mental illness; Family drug court 322 305 -17 -5 % ●● developmental disabilities; Federal district reentry drug court 30 29 -1 -3 % ●● chronic alcoholism and other Federal district veterans treatment court NR 6 — — substance abuse-related disorders; Juvenile drug court 476 420 -56 -12 % ●● Alzheimer’s disease and related Reentry drug court 29 26 -3 -10 % dementia; or Tribal wellness drug court 89 138 +49 +55 % ●● traumatic brain injuries. Veterans treatment court 19 266 +247 +1,300 % A 2014 study by Hornby Zeller Associ- Total 2,459 3,057 +598 +24 % ates estimated that on June 30, 2012, about * Hybrid drug/DUI courts are a subset of adult drug courts and are not counted separately in the total tallies. 65 percent of the persons under Alaska NR: not reported. Department of Corrections supervision Source: National Drug Court Institute, "Painting the Current Picture: A National Report on Drug Courts and Other Problem-Solving Courts in the United States" (2016), Table 4 (http://www.nadcp.org/sites/ were Trust beneficiaries. Trust beneficia- default/files/2014/Painting%20the%20Current%20Picture%202016.pdf). ries are often diagnosed with co-occurring disorders—e.g., both mental illness and sub- Table 3. Growth of Problem-Solving Courts (Other than Drug Courts) stance abuse. The Coordinated Resources from 2009 to 2014 Project is able to assist individuals who are Percent often dealing with multiple disorders, and change the Trust provides ongoing financial support Drug court model 12/31/2009 12/31/2014 Difference 2009 to 2014 for this effort. The Veterans Court in Alaska, created in Adult mental health court 288 392 +104 +36 % 2004, was one of the first veterans courts in Child support court 46 62 +16 +35 % the nation. Alaska has a higher percentage Community court 25 23 -2 -8 % Domestic violence court 206 210 +4 +2 % of veterans in the general population than Gambling court 1 0 -1 -100 % any other state, according to a June 2016 Gun court 6 2 -4 -67 % report by the Alaska Department of Labor Homelessness court 25 22 -3 -12 % and Work Force Statistics. This court works Juvenile mental health court NR 37 — — closely with the Department of Veterans Parole violation court 6 3 -3 -50 % Affairs to determine the most effective treat- Prostitution court 8 18 +10 +125 % ment plan for veterans in the criminal justice Reentry court 26 30 +4 +15 % system, to ensure offender accountability, Sex offender court NR 9 — — and to assist in the rehabilitation of veterans. Truancy court 352 314 -38 -11 % The Child In Need of Aid (CINA) Thera- Other problem-solving courts 200 189 -11 -6 % peutic Court was first started as a pilot proj- Total 1,189 1,311 +122 +10 % ect in 2014 to assist parents with substance abuse issues. The court functions with two NR: not reported. judges for each case—one judge who deals Source: National Drug Court Institute, "Painting the Current Picture: A National Report on Drug Courts and Other with underlying substance abuse issues, and Problem-Solving Courts in the United States" (2016), Table 8 (http://www.nadcp.org/sites/ default/files/2014/Painting%20the%20Current%20Picture%202016.pdf). one who deals with other issues in the case, 6 Alaska Justice Forum 33(2–3), Summer/Fall 2016

Therapeutic courts percent (306) of felony filings. In District Federal district reentry courts (-3%), juve- (continued from page 5) Court, misdemeanor drug cases represented nile drug courts (-12%), and reentry drug 2 percent (528 cases) and misdemeanor DUI courts (-10%). Alaska. The Substance Abuse and Mental filings represented 13 percent (3,414) of Among problem-solving courts, other Health Services Administration (SAMHSA) misdemeanor filings statewide for the pe- than drug courts, the greatest expansion noted in Behavioral Health Barometer: riod. (In FY15 there were 6,457 total felony in 2009–2014 was seen in prostitution Alaska, 2015 that 39,000 individuals aged case filings and 25,887 total misdemeanor courts (125%—increasing from 8 in 2009 12 or older (7% of that age group) reported case filings statewide.) And, though not to 18 in 2014), adult mental health courts past year alcohol dependence or abuse dur- separately tracked in court statistics, many (36%), child support courts (35%), and ing 2013–2014, and 35,000 adults age 21 other offenses are committed by persons reentry courts (15%) (Table 3). The NCDI or older (7% of that age group) reported whose criminal behavior is directly tied to estimates that over the next 3 years, among heavy alcohol use in the preceding 30 substance abuse. all problem-solving courts the categories days during that period. Illicit drug use or most likely to increase in number are adult Conclusion dependence (including non-medical use of drug courts, followed by reentry courts, prescription drugs) in the prior year was Therapeutic courts continue to expand juvenile mental health courts, and domestic reported by 19,000 persons age 12 years or both in Alaska and nationwide. Based on violence courts. older (3% of this age group) for the period responses to their survey of states and ter- The Alaska Court System is striving to 2013–2014. All of these Alaska percent- ritories, the National Drug Court Institute meet the needs of Alaskans involved with ages are similar to national averages for (NDCI) cites a 24 percent increase in the the criminal justice system who are dealing the time period. The same SAMHSA report types of drug courts overall from 2009 to with mental health and substance abuse is- also presents data on serious mental illness 2014, and a 36 percent rise in adult mental sues. Research shows that therapeutic courts among persons in Alaska age 18 years and health courts during the same period (see can be effective in working with offenders older for 2013–2014: of individuals age 18 Tables 2 and 3, page 5). with these problems. Access to justice is a years or older, 20,000 persons (4% of this There has been exponential growth in critical focus, and the court is looking at age group) indicated a serious mental illness different drug courts over the period 2009- ways to increase the locations and types of for the period. (The data above are from the 2014 (Table 2). Veterans Courts grew by therapeutic courts. Current therapeutic court National Surveys on Drug Use and Health 1,300 percent, by far the largest increase of pilot projects under discussion include a sponsored by SAMHSA and reflect the age all the types of courts listed. Tribal wellness CINA (Child In Need of Aid) Therapeutic ranges in the surveys.) courts grew by 55 percent, DUI courts by Court in Palmer. The Alaska Court System is Data on Alaska Court System FY 2015 52 percent, and adult drug courts and adult committed to offender accountability, public case filings involving alcohol or drug of- hybrid drug/DUI courts by 17 percent and safety, and providing the opportunity for fenses illustrate the role of substance abuse 15 percent respectively. There was a large offenders to become productive community on court caseloads. In Superior Court in decrease (40%) in campus drug courts (a members. FY 2015, felony drug cases represented category of court not discussed extensively about 19 percent (1,208) of felony filings, in the NCDI report), while there were much Barbara Armstrong is the editor of the and felony DUI cases represented about 5 smaller drops in family drug courts (-5%), Alaska Justice Forum. Alaska Felony Sentencing Patterns: Selected Findings

Teresa White Carns extended the presumptive ranges to include The Alaska Judicial Council (Council) all first offender Class B and C felonies, Classification of Felony recently released Alaska Felony Sentencing thus substantially increasing the number of Offenses Patterns: 2012–2013. The report examines offenders subject to the presumptive system. factors associated with felony sentences Additional legislative changes in the years ●● Unclassified offenses are the most serious under new presumptive ranges set by the between 2005 and 2012 included significant crimes, such as murder, kidnapping, and legislature in 2005 and 2006. The study has increases in the presumptive ranges for sex sexual assault in the first degree. been used by the Alaska Criminal Justice offenses, an increase in the types of offenses ●● Classified offenses are categorized in order of seriousness by class—Class Commission (ACJC), established by the classified as felonies, and an increase in A being the most serious, then Class, legislature in 2014 to make recommenda- the seriousness level of classification for a B, Class C. tions about criminal justice reform and sen- number of already existing felonies. (See tencing. This brief article looks at selected “Classification of Felony Offenses.”) findings from the report. the result of a plea (Table 1). Selected Findings More than half of the sample was Cauca- Background The report examined sentencing records sian (58%); 28 percent was Alaska Native/ The goal of presumptive ranges is to for 2,970 cases, a 60 percent sample of all American Indian; 9 percent was African decrease the likelihood of unjustified dispar- felonies sentenced during 2012 and 2013. American; 4 percent was Asian/Pacific Is- ity in sentencing, while generally allowing The analysis included the single most lander; and 1 percent was unknown. About some judicial discretion in the imposition of serious charge identified in each case and one-fifth of the offenders (21%) in the a sentence. In 2005 and 2006, the legislature a variety of other factors related to the sample were female. More than half (54%) significantly changed Alaska’s sentencing sentencing. Other factors included offender of the offenders were between the ages of laws by substituting presumptive sentencing demographic characteristics, location of the 16 and 30 years. ranges for the specific presumptive sentenc- case in the state, seriousness of the offense, Two-thirds (67%) of the offenders in the es in effect since 1980. The legislature also and whether the conviction was at trial or study had no prior felony convictions. The