Legislature(1993 - 1994)
01/25/1993 01:30 PM House FIN
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
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HB 55 FY 94 OPERATING BUDGET & LOAN PROGRAMS
DEPARTMENT OF PUBLIC SAFETY
RICHARD BURTON, COMMISSIONER, DEPARTMENT OF PUBLIC SAFETY,
provided the Committee with handouts. [Attachments #1 & #2
on file]. Commissioner Burton summarized the handouts which
provided information regarding the responsibilities of the
Department of Public Safety (DPS). These include:
1. Fish & Wildlife Protection
2. Fire Prevention
3. Highway Safety Planning Agency
4. Motor Vehicles
5. Alaska State Troopers
6. Village Public Safety Officers
7. Alaska Police Standards Council
8. Violent Crimes Compensation Board
9. Council on Domestic Violence & Sexual Assault
10. DPS Statewide Support - Contract Jails
11. DPS Statewide Support - Commissioner's Office
12. DPS Statewide Support - Training Academy
13. DPS Statewide Support - Civil Air Patrol
14. DPS Statewide Support - Laboratory Services
15. DPS Statewide Support - AK. Public Safety Info
Network
16. DPS Statewide Support - Building Security
17. DPS Statewide Support - AK Criminal Records and ID
Representative Martin questioned the fourteen position
vacancies. He asked how many of those positions had been
funded in the FY 92 budget.
KENNETH BISCHOFF, DIRECTOR, DIVISION OF ADMINISTRATIVE
SERVICES, DEPARTMENT OF PUBLIC SAFETY, replied there are no
new budget positions in the proposed budget. He added that
seven of those positions have been filled and were funded
for FY 93. Representative Martin asked if full funding was
needed for all fourteen positions. Mr. Bischoff replied
that the goal of the Governor was higher trooper visibility
and placing an additional seven troopers into operations for
FY 94. Representative Martin asked if there would be double
funding for those positions.
Commissioner Burton replied that overtime funding was cut.
Funds were distributed for seven positions existing in the
rural areas. There is no excess cash. Representative
Martin agreed it would be cheaper to have new positions
rather than paying the overtime costs.
Co-Chair MacLean pointed out that there is a $2.1 million
dollar increase in the State Trooper's budget although there
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is no corresponding increase for Village Public Safety
Officers. Commissioner Burton stated the VPSO Program has
not existed as an independent program within the Department.
There is not a VPSO position. It is strictly a pass through
grant program.
Representative Brown asked the status of the troopers work
in the Hillside community near Anchorage and other places
which do not have local police protection. Commissioner
Burton stated that there is money for the State troopers to
perform their statutory obligations. Funds are not
designated for specific areas in the State. Currently, the
Hillside area is considered the same as any other
unincorporated area with regard to police protection. A
change in the charter of the Municipality of Anchorage would
be required in order for police protection by the
municipality to be assumed for the Hillside area. The
Department guarantees a level of service be provided to that
community. Commissioner Burton noted the issue would need
to be addressed legislatively.
Representative Parnell asked for follow-up information on
"contract jails". Commissioner Burton stated that the law
requires the State to transport prisoners; there is no
requirement that municipalities do this. At this time, DPS
has developed a task force to resolve the concern. The
Department feels it should be handled by the Department of
Corrections.
Representative Parnell asked if the Department would ask for
additional funding to replace the patrol vessel MV Vigilant
which currently is in dry dock. Commissioner Burton stated
there would not be a request for funds to replace that
particular vessel although there would be requests for
allocations for smaller vessels. Some funds have been used
to charter a vessel.
Representative Grussendorf asked if many troopers had taken
advantage of the Early Retirement Incentive Program.
Commissioner Burton stated that there are many reasons for
the increased budget projection which includes trooper
retirement, increased prisoner transportation costs and
other mandated services. He added that the trooper
recruiting process is detailed and expensive and takes
eighteen months to complete.
Representative Therriault asked for an update on the
troopers position in the Healy area. Commissioner Burton
stated that office has been maintained although one position
has been eliminated. Currently, the Department is looking
at a work load analysis for all locations where troopers are
stationed.
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Representative Brown questioned the $600 thousand dollar
accounting change to the Fish and Wildlife component. Mr.
Bischoff stated there was an accounting change introduced by
the Office of Management and Budget (OMB) to try to manage
and contain costs of leave cash-in.
Representative Martin suggested the Division of Motor
Vehicles (DMV) better analyze their program receipts. Mr.
Bischoff responded that with the exception of minimal
federal funds, their entire budget is solely funded by
program receipts.
Representative Therriault asked if there is federal money,
currently available which the Department is not utilizing.
Mr. Bischoff offered to provide a written response to the
question.
Co-Chair Larson noted that the subcommittee for the
Department of Public Safety would be chaired by
Representative Parnell with members Representative Moses,
Representative Porter, Representative Mackie and
Representative Navarre.
Representative Parnell asked for further information on
leave cash-in. Mr. Bischoff noted there could be a twenty
percent discretion by the department in allowing leave-cash-
in whereas, the vast majority of it is a contractual right
under the PSEA contract.
MIKE GREANY, DIRECTOR, LEGISLATIVE FINANCE DIVISION, stated
that the leave issue is a statewide concern which will
affect all departments. The costs to DPS were high enough
that the Governor provided some relief. Up until this past
year, there was a flat rate of assessment for personal
service cash-in. OMB changed this rate to one based on the
experience of each individual agency. The cash-in would be
under the control of the administrator. There are
collective bargaining agreements and personnel rules which
address the concern.
(Tape Change, HFC 93-8, Side 2).
DEPARTMENT OF LAW
CHARLES COLE, ATTORNEY GENERAL, DEPARTMENT OF LAW,
referenced a chart which had been prepared for the
Committee. The chart diagramed services provided by the
Department of Law under the Attorney General.
JUNEAU CIVIL
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Commercial
Government Affairs
Human Services
Natural Resources
ANCHORAGE CIVIL
Commercial
Government Affairs
Human Services
Natural Resources
FAIRBANKS CIVIL
Commercial
Human Services
Natural Resources
RURAL OFFICE
Bethel
Kenai
Ketchikan
Nome
Attorney General Cole noted that there are forty-two
positions requested in the Civil Division of the Department.
He pointed out that the Governor supports the increased
positions.
Representative Martin asked about decentralizing the
Attorney General's office.
BRUCE BOTHELO, DEPUTY ATTORNEY GENERAL, DEPARTMENT OF LAW,
stated there has been no decentralization of the Department
of Law. Over the years, each attorney general has taken the
position that legal services for the Executive Branch be
handled exclusively by the Department of Law.
Representative Grussendorf asked about permit regulations
filed by electrical contractors. Mr. Bothelo replied that
currently there is only one attorney overseeing regulations
for contractors. She is overloaded and behind in handling
those permits. New regulation attorneys are being
requested.
REPRESENTATIVE ULMER inquired about the responsibilities of
the Department's rural civil offices. Mr. Bothelo replied
that those positions are almost exclusively dedicated to
children's proceedings. They are located where a superior
court judge is stationed. The caseloads are equivalent to
full time work.
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Representative Brown questioned the number of positions
requested for the civil section of the Department.
JOAN KASSON, FISCAL ANALYST, LEGISLATIVE FINANCE DIVISION,
replied the Department has requested sixteen legal service
operation positions and one position in oil and gas
operations. Thirteen of those positions will come from
general fund monies.
Representative Brown questioned the five million dollar
Exxon Valdez appropriation for FY 94. Mr. Bothelo stated
there is an anticipated forty percent reduction, although
there are on going obligations with Exxon-USA and Alyeska
even though the settlements have been made.
Representative Grussendorf expressed concern that the
Department of Revenue was decreasing their tax auditor
positions. Attorney General Cole recommended that the
Department of Revenue hire ten additional auditors. He
noted that work by the Department of Law is often dependent
upon the audit reviews from the Department of Revenue.
Representative Brown asked the structural difference between
the oil and gas litigation and the oil and gas operations.
She inquired as to the source of funds for those operations.
Mr. Bothelo responded that the Legislature required that the
Permanent Fund provide one quarter of the funding necessary
for litigation on royalty matters. The overall operation is
general fund dollars with royalties from the Permanent Fund.
The operations are the costs to the Department to staff its
internal staff. The majority of the money is used to
contract with consultants for legal service expertise.
Attorney General Cole offered to discuss the criminal
division of the Department at a latter date with the
subcommittee meeting.
Co-Chair Larson stated that the Department of Law
Subcommittee would consist of Representative Larson, Chair
and members Representative Barnes, Representative Porter,
Representative Olberg, Representative Davidson and
Representative Navarre.
(Tape Change, HFC 93-9, Side 1).
DEPARTMENT OF CORRECTIONS
LLOYD RUPP, COMMISSIONER, DEPARTMENT OF CORRECTIONS,
provided the Committee with "STATE OF ALASKA, DEPARTMENT OF
CORRECTIONS, FY94 GOVERNOR'S OPERATING BUDGET OVERVIEW".
[Attachment #4 - on file]. He itemized the Department of
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Correction's issues:
1. An alcohol driven correctional crisis.
2. Significant increases in the last year:
* 700% increase in court-ordered report cases
waiting to enter jail to serve sentences.
* 34% increase in sentenced misdemeanant
population
* 11% increase in sentenced felon population
* 32% increase in community residential center
placement usage.
3. Ten of the 12 institutions are out of compliance
with emergency population caps.
4. Pending Impact -- If the state added 100 beds
today, it would take 374 days to catch up to the
backlog.
5. Conservative trends indicate the need for
approximately 600 new beds by 1996, if no action
taken.
6. Expanded use of alternative punishments.
7. The Department must increase it's commitment to
the use of intermediate sanctions.
8. Overtime has increased because of staff
reductions.
9. Overcrowding has created court ordered violations.
* prisoners sleeping on cots on gym floors
* disparity in housing women
* cohabiting sentenced and unsentenced
prisoners
* cohabiting misdemeanant and felons
10. Rehabilitation programs need to be expanded
* inadequate vocational/educational programs
* inadequate substance abuse programs
* women's program disparity
11. Medical costs are spiraling
12. Rural and cultural sensitivity must be increased
in the Department.
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13. Significant need for expansion of data collection
and analysis.
Representative Martin questioned the 72-hour alcohol
prevention. He was concerned that the provision was being
used as a punishment technique rather than finding a
solution to the problem. Commissioner Rupp commented that
the situation is difficult given the over burdened State
jails. The intent is to assess the problem and provide
intervention. The difficultly is in finding an alternative
to placing the person inside a correctional institution.
REPRESENTATIVE BARNES stated that the intent of the DWI law
was not to provide treatment. The intent was to create a
deterrent for those persons who occasionally drink and
drive. The law was changed to 72 hours in order that a full
three days would be served. The sentence was created only
as "swift and just punishment" for driving while drinking.
She added her support to the Department's "Project Hope" and
recommended adding a substantial fine.
Commissioner Rupp commented that the term "intervention" is
used loosely and he understands that no one could be
"treated" in a three day period. He supported the idea of
fines and also requiring community service work.
Commissioner Rupp pointed out that the bulk of the current
budget is for institutions although with increased statewide
programs. Eighty-one percent of the proposed budget is
designated for institutions.
Representative Barnes asked to clarify what happened at a
previous Correction's subcommittee meeting. She pointed out
that she had asked that the previous Deputy Commissioner be
fired because of substantial information available to
warrant this action. Representative Barnes reviewed with
the Committee various documents substantiating her inability
to receive information requested of the Department. She
made reference to the inappropriateness of a photograph of
the Deputy Commissioner which appeared in a biker magazine.
Co-Chair Larson asked for details regarding the reopening of
the Wildwood Correctional Institute.
ALAN COOPER, INTERIM DEPUTY COMMISSIONER, DEPARTMENT OF
CORRECTIONS, said that Wildwood was closed May 15, 1992,
shifting the majority of the population to the Palmer Camp.
There has been an increase of 176 prisoners since July,
1992, and since September, 1992, there has been a great
increase in crime. Ten of the facilities are over emergency
capacity. Wildwood was reopened in early January, 1993, to
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accommodate these increased needs. There remains fifty-nine
unused beds at Wildwood. He added that the moving of
prisoners jeopardizes public safety.
Commissioner Rupp spoke in support of the recommendations
presented by the Corrections subcommittee. He added his
support for intermediate sanctions and Project Hope.
Representative Brown asked if the requested budget would be
the minimum needed to maintain public safety. Commissioner
Rupp replied that this is a frugal request although it would
not reduce the FY 93 budget. He continued, there will be a
number of pilot programs to help the Department become more
effective.
Co-Chair Larson noted that the Correction's subcommittee
would be Chaired by Representative Barnes and members
Representative Green, Representative Parnell, Representative
Ulmer and Representative Brown.
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