MINUTES OF THE SENATE COMMITTEE ON JUDICIARY Sixty-eighth Session March 17, 1995 The Senate Committee on Judiciary was called to order by Chairman Mark A. James, at 8:30 a.m., on Friday, March 17, 1995, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Mark A. James, Chairman Senator Jon C. Porter, Vice Chairman Senator Maurice Washington Senator Mike McGinness Senator Dina Titus COMMITTEE MEMBERS ABSENT: Senator O. C. Lee (Excused) Senator Ernest E. Adler (Excused) GUEST LEGISLATORS PRESENT: Assemblyman Bernie Anderson STAFF MEMBERS PRESENT: Allison Combs, Senior Research Analyst Lori M. Story, Committee Secretary OTHERS PRESENT: Judy Jacoboni, Chapter President, Mothers Against Drunk Driving, Lyon County Chapter Laurel Stadler, Legislative Liaison, Mothers Against Drunk Driving, Lyon County Chapter Dorothy North, Chairman, Governor's Commission on Substance Abuse Education, Prevention, Enforcement, and Treatment Ben Graham, Chief Deputy, Clark County District Attorney, Legislative Representative, Nevada District Attorneys Association The meeting opened with two bill draft requests (BDRs). BILL DRAFT REQUEST (BDR) 3-486: Revise provisions regarding garnishment. The bill draft request comes from the financial institutions as represented by Pat Coward, the chairman announced. He called for a motion for committee introduction. SENATOR PORTER MOVED FOR COMMITTEE INTRODUCTION OF BDR 3- 486. SENATOR McGINNESS SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS ADLER, LEE AND TITUS WERE ABSENT FOR THE VOTE.) ***** BILL DRAFT REQUEST 6-255: Allow corporations to be represented in small claims court by person other than attorney. This bill also comes from Pat Coward, and the chairman called for a motion to introduce. SENATOR PORTER MOVED FOR COMMITTEE INTRODUCTION OF BDR 6- 255. SENATOR McGINNESS SECONDED THE MOTION. THE MOTION CARRIED. (SENATORS ADLER, LEE AND TITUS WERE ABSENT FOR THE VOTE.) ***** ASSEMBLY JOINT RESOLUTION (A.J.R.) 15: Urges Congress and President of United States to oppose legalization of certain controlled substances. ASSEMBLY CONCURRENT RESOLUTION (A.C.R.) 71 OF THE SIXTY-SEVENTH SESSION: Directs Legislative Commission to conduct interim study of drug and alcohol abuse among criminal offenders. The chairman commenced the hearing for consideration of A.J.R. 15 with a presentation by Assemblyman Bernie Anderson. Mr. Anderson stated he is the chairman of the A.C.R. 71 of the Sixty-seventh Session study committee, which dealt with recidivism within the prison system. A.J.R. 15 is one of the 20 pieces of legislation the study committee produced for this session. The committee's concern is that the Congress will retreat from a position of enforcing drug interdiction and it would not remain a high national priority, Mr. Anderson told. The Assembly Committee on Judiciary passed the resolution (not quite unanimously) and the Assembly, as a whole. He offered to answer questions. Senator Washington asked which drugs, specifically, are the Congress considering legalizing. Mr. Anderson clarified for the senator, noting at the time of the study, Congress was in the process of discussing the drug trafficking question as it relates to foreign relations. This included possible changes in the status of how to treat illegal drugs, he continued. The attitude of the committee is that the United States should not change its position toward other nations. There were no further questions for the assemblyman and the chairman closed the hearing. ASSEMBLY CONCURRENT RESOLUTION 2: Urges peace officers to identify and arrest, and courts to impose prompt, meaningful and consistent sanctions upon, juveniles who violate laws related to alcohol and drugs. The hearing on A.C.R. 2 was opened and Assemblyman Anderson resumed his presentation. This resolution is also a work product of the study committee, as well as a "more meaningful piece of legislation," he said, which is directed to local circumstances. The study committee felt it is very important to urge individuals who have first contact with drug or alcohol abusers to identify those individuals so they might be directed into treatment programs, the assemblyman stated. Mr. Anderson testified the present resolution tries to encourage peace officers and courts to handle these individuals and situations in a "more judicious manner" along with expressing the will of the state Legislature that such programs are to be promoted. This resolution also expresses the philosophical view of the study committee and its goals for the drug programs and drug courts. The chairman commented the wording of A.C.R. 2 is unclear as to its intent to direct subjects to treatment. He said the legalization of drugs is a fairly clear issue, one that does not deserve support from this Legislature, however, incarceration or other traditional forms of criminal penalties, "do no good at all with people who have drug and alcohol problems." He emphasized this reference is not to those who sell or otherwise make a living from drugs, or the concomitant gang activity, but only to those who are users and addicts, especially the teenagers. These youth, Senator James stated, need to have more meaningful treatment to get them off the substances. The senator asked Mr. Anderson whether the study committee had considered this aspect, and if so, what is the message they wish to send. Mr. Anderson replied affirmatively, he said the committee reviewed what is and what is not working. Traditionally, children, because of their age, have been declared deserving of a certain level of protection, the witness explained. It was the conclusion of the A.C.R. 71 of the Sixty-seventh Session committee that such a tradition should exist no longer, due to the high rate of alcohol and drug addiction that is taking place much earlier in their lives (in their teens). The committee found a need to "come up with sound programs that will meet their needs," the assemblyman reported, including diversion programs. Another result of the study committee, Mr. Anderson noted, is the discovery of a few meaningful programs throughout the United States that are having a "dramatic effect upon trying to solve these..problems." The Miami court and the courts in Portland Oregon and Oakland California are examples of these programs, he stated, as is the drug court in Las Vegas. The court in Las Vegas has experienced only two incidents of recidivism, he added. The purpose of A.C.R. 2, the witness reported: ...is to clearly articulate, as we begin to move the other focus of the legislation and the drug court, to try to find funding..., that we haven't lost focus of the fact that we believe the law enforcement officer, in identifying these problems, is one of the keys to early intervention. And, that those people who have the closest contact with the young population... and that's the whole purpose of A.C.R. 2, is a philosophical statement of that of trying to reach out and say we need to do more to identify those people who are having alcohol and drug problems, so that we can put them into diversionary programs that will make a meaningful difference in their life. The assemblyman included in the list of the study committee's results the fact that many of these people will go through more than one program; while the type, quality and length of the program, as well as the direct contact with a judge, makes a difference as to whether the program is effective. Specific pieces of legislation targeted at specific results will come before the committees, he told them. Senator James pointed out the resolution does not discuss any program, it only talks about "sanctions against children...'who violate the drug laws.'" He opined the Legislature should not be saying sanctions are the only way to deal with these children's problems. It is more important to identify them and then, do something constructive to deal with their problems, he stated. He stated he fears the present resolution could be interpreted as saying the best response is to "lock them up for a while." The chairman told of his recent visit to a local youth detention facility; what he saw there, and its impact on him. This, he reasoned, is not the best solution for these children. He asked the witness if he thinks there is a need to amend the resolution to incorporate language which adds in a stronger statement about the need for meaningful programs. Mr. Anderson agreed there is such a need, adding that it was the fear of the study committee, at the time, that a less direct message would be misinterpreted by law enforcement and the judiciary to mean there was a softening of the attitude against substance abuse. Senator James stated he feels most of the youths who become involved in drug and alcohol abuse do so because they do not have anything else going on in their lives. A person like that, opined the chairman, needs much more than incarceration in a prison. He asked the assemblyman to add language which specifically refers to diversionary programs. Assemblyman Anderson concurred with the chairman's request. He noted however, that many of the children he deals with in his profession as a teacher have the same circumstances in their lives, and most of them do a very, very good job. He observed children today are faced with very difficult decisions and temptations from all sides, noting they are required to make "more adult decisions at an early age, than [he'll] ever have to make." He emphasized the need to provide effective, well-managed programs that have been proven to help. Not every program that "comes down the pike" is a good program, he stated. Drug courts and certified Beta programs are two examples where effectiveness has been proven. The assemblyman once again stated his willingness to amend the resolution to include language about programs. Senator Washington thanked the speaker for his comments, he offered another view that should be considered-prevention. It is the proactive way to handle our drug situation, he noted, and it is ultimately tied to the break down of the family. His concern is in prevention, the senator stated, noting that if we can contact these children while they are in elementary school, as with the Drug and Alcohol Resistance Education (D.A.R.E.) program, they are much more likely to make the right decisions as they grow up. Senator Washington stated he strongly supports the D.A.R.E. program and wishes there was more financial support for preventative programs such as this. The speaker responded to the senator's observations by telling the committee it was not the goal of the study committee to specifically identify which programs should be endorsed or funded. However, he told them he has a piece of legislation in "the works" designed to provide some funding for these programs. The A.C.R. 71 of the Sixty-seventh Session study committee did set in motion some funding for these programs, especially the drug courts. In fact, Washoe County has already begun to put together two drug courts with this funding, one for juveniles, and one for adults, Mr. Anderson noted. Another tool being investigated to discourage drug and alcohol use in youth is a proposal to suspend the offender's driver's license, whether they are driving at the time of the offense or not, the assemblyman said. This sanction does not remove the child from school or family, and it is thought to be an effective hindrance to undesirable behavior. The committee set out to develop a "different point of view" when looking at these offenders, he declared. Senator Porter voiced his concurrence with the previous speakers. He opined that children are a commodity we sometimes discount, or we shift responsibility for them on to someone else. The senator highlighted the important contribution made in the lives of these children by their caring and giving teachers. He noted, In many cases these teachers have much more contact with, and a greater influence on children than their parents do. He asked for A.C.R. 2 to be sent to the schools, so they can know the Legislature supports their efforts and their willingness to identify children who are in crisis or who show signs of substance abuse. Further, he said he feels it is important that teachers be incorporated into the "loop" when discussing and implementing these bills and resolutions. Senator James suggested some language changes. On page 1, line 25, he suggested the words "and require their participation in appropriate treatment and remedial programs, and..." be inserted following "sanctions...." Then on page 2, line 6, following "drugs" he proposed inserting, "as well as make use of appropriate treatment and remedial programs for such children...." The assemblyman opined the wording change would cover most of the concerns of the committee, suggesting the possibility of adding in "and schools" on line 28, following "agencies," to address concerns raised by Senator Porter. The committee reached a consensus regarding the suggested wording, and the assemblyman stepped down. The chairman called the next witnesses. Judy Jacoboni, Chapter President, Mothers Against Drunk Driving, Lyon County Chapter, and Laurel Stadler, Legislative Liaison, Mothers Against Drunk Driving (MADD), Lyon County Chapter, took the floor to address the committee. Ms. Stadler told the committee it was her organization which had made the recommendation for A.C.R. 2 to the study committee. It is the first of a "package" of recommendations made by MADD. Ms. Stadler read from her prepared statement and referred to materials she provided to the committee (Exhibit C. Original is on file in the Research Library.). It is the goal of the organization, she said, for the Legislature to tell law enforcement that... it is important to address the youthful drinking, that they need to show up at the hearings, they need to take that time out of their schedule in order to get the conviction of the youthful offender, so that the sanctions, including the treatment, can be provided. The chairman assured the witness the resolution would retain that language. The chairman asked Ms. Stadler if the group's original proposal called for a resolution or a law. She replied their proposal was for this resolution, in combination with bills which have not yet reached this committee. Ms. Jacoboni also addressed the committee. Her testimony, in favor of A.C.R. 2, is included as Exhibit D. Senator Porter proposed a challenge to MADD, citing society's propensity to rely on legislation to change moral attitudes and behavior, asking them to promote a group similar to Boulder City's Juvenile Conference Committee. This committee, he explained, is a panel of five adults and parents in the community that all juvenile offenders appear before, rather than entering the Clark County juvenile system. This panel assigns the juvenile offenders tasks that range from "cleaning up parkways, painting over graffiti, to doing research projects, he continued, and it is very effective. Ms. Jacoboni stated she would be contacting the senator for details about the program. Next to testify was Dorothy North, Chairman, Governor's Commission on Substance Abuse Education, Prevention, Enforcement, and Treatment. She observed the majority of information, suggestions, and legislation from the A.C.R. 71 of the Sixty-seventh Session study committee has been supported by the commission now and in previous legislative sessions. Because of the breadth of oversight held by the commission in various disciplines, she reported, they receive lots of information from law enforcement and treatment agencies, and from prevention and education agencies. Ms. North stated she and the commission support the resolution, especially with the addition of the treatment programs, because it is very important this be spelled out. She told the committee that in her professional life she runs a treatment program for adolescents. Her clients come from all walks of life, all segments of society, and they have had their substance abuse problems since they were about 8-years old, she said. There is a real shortage of programs available to deal with this age group, Ms. North testified, and because of this, she encouraged the committee "to support anything they see coming through... that talks about the money to backup the need for treatment in this state." She opined it is impossible to move away from incarceration toward treatment without proper funding. In response to Ms. Stadler's testimony regarding the length of time it takes for an adolescent to become an alcoholic, Ms. North told the committee the reason alcoholism escalates much faster in children is because their bodies cannot handle the cell changes, while in adults, the progression through the stages of alcoholism is much slower because their bodies are mature. She then offered to answer questions from the committee. Senator James commented the information provided by Ms. North heightens the significance of the resolution because it urges early intervention. Senator Washington asked Ms. North what the major contributing factor is which causes these children to start their substance abuse so early. Ms. North opined there are many "things that are available, with alcohol being the drug of choice for kids." Adults, she continued, have a cavalier attitude about children and drinking, including the parents who feel it is best to let children drink at home, because they will do it anyway. Additionally, the attitude is that since alcohol is legal it is not a major concern. Ms. North also told the committee the cost to society of alcohol as a drug is far greater than any of the other "hard" drugs. Additionally, the advertising done to promote drinking is highly effective and attractive to the youth, she stated, and in many cases it is easy to get alcohol in their own home. Senator Washington asked how long treatment would take for an adolescent or child alcoholic. Ms. North reported it takes longer to treat children than it does adults because kids must also deal with their developmental issues. In her program she said, the intense treatment runs about 60 days with aftercare lasting at least a year, maybe two. Senator Washington asked about the heritability of alcoholism. Ms. North replied there are studies that show if there is one alcoholic parent, there is a 50 percent chance the child will develop alcoholism, even if they are raised in an environment where no alcohol is present. Senator Porter noted another problem with youth drinkers is "binge drinking" where drinking is not constant, but very intense when it does occur. He opined there has been a change in attitude about drinking, at least from his experience with his own children. Education is very important and has been effective, to some degree, he added. Ms. North agreed. Senator McGinness spoke of the ready availability of alcohol and the occasional "sting operations" run by law enforcement to test the willingness of businesses to enforce alcohol laws. He asked if businesses that sell alcohol to minors ever have their liquor licenses taken away. Ms. North speculated there must be multiple violations before a license is forfeited, and these "stings" are only a recent phenomenon. Senator McGinness stated it is his contention that a single revoked license in a community would result in a complete turn around throughout the alcohol-selling business community. Ms. North agreed with the senator, stating a message needs to be sent, both to businesses that sell alcohol as well as to parents, that it is not okay to allow children to drink. The chairman closed the hearing on A.C.R. 2, as there was no further testimony. SENATE BILL (S.B.) 263: Revises provisions governing alternatives for court action upon arrest of probationer. Senator James opened the hearing on S.B. 263 which comes from the department of administration's budget division. Ben Graham, Chief Deputy, Clark County District Attorney, Legislative Representative, Nevada District Attorneys Association, took the floor and observed subsection 5 of section 1 would fit into the sentencing scheme currently being studied by the Legislature. Senator James agreed with the witness. There was no other testimony and the hearing on S.B. 263 was closed. Senator James referred to A.C.R. 2 noting there has been significant testimony on the resolution. He opined as long as everyone understood the proposed amendment, it is time to accept a motion to amend and do pass this resolution. SENATOR WASHINGTON MOVED TO AMEND AND DO PASS A.C.R. 2. SENATOR PORTER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER WAS ABSENT FOR THE VOTE.) ***** Next the chairman called for a motion to do pass on A.J.R. 15. There were no amendments. SENATOR McGINNESS MOVED TO DO PASS A.J.R. 15. SENATOR PORTER SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER WAS ABSENT FOR THE VOTE.) ***** The chairman stated S.B. 263 would be held for a later hearing. There being no further business before the committee, the hearing was adjourned at 10:30 a.m. RESPECTFULLY SUBMITTED: Lori M. Story, Committee Secretary APPROVED BY: Senator Mark A. James, Chairman DATE: Senate Committee on Judiciary March 17, 1995 Page