Legislature(2019 - 2020)ADAMS ROOM 519

04/30/2019 09:00 AM FINANCE

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Audio Topic
09:05:32 AM Start
09:06:10 AM HB20
10:08:27 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 20 SEXUAL ASSAULT EXAMINATION KITS TELECONFERENCED
Heard & Held
Amendments
                  HOUSE FINANCE COMMITTEE                                                                                       
                      April 30, 2019                                                                                            
                         9:05 a.m.                                                                                              
                                                                                                                                
9:05:32 AM                                                                                                                    
                                                                                                                                
CALL TO ORDER                                                                                                                 
                                                                                                                                
Co-Chair Wilson called the House Finance Committee meeting                                                                      
to order at 9:05 a.m.                                                                                                           
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Neal Foster, Co-Chair                                                                                            
Representative Tammie Wilson, Co-Chair                                                                                          
Representative Jennifer Johnston, Vice-Chair                                                                                    
Representative Dan Ortiz, Vice-Chair                                                                                            
Representative Ben Carpenter                                                                                                    
Representative Andy Josephson                                                                                                   
Representative Gary Knopp                                                                                                       
Representative Bart LeBon                                                                                                       
Representative Kelly Merrick                                                                                                    
Representative Colleen Sullivan-Leonard                                                                                         
Representative Cathy Tilton                                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
None                                                                                                                            
                                                                                                                                
ALSO PRESENT                                                                                                                  
                                                                                                                                
Michael Matthews, Lead Research Analyst, Department of                                                                          
Corrections; Kelly Goode, Deputy Commissioner, Department                                                                       
of Corrections.                                                                                                                 
                                                                                                                                
PRESENT VIA TELECONFERENCE                                                                                                    
                                                                                                                                
Ronald Taylor,  chief, Prisons Division,  National Institute                                                                    
of Corrections,  Washington D.C.; Bryan  Brandenburg, Former                                                                    
Director,   Division   of    Institutions,   Department   of                                                                    
Corrections.                                                                                                                    
                                                                                                                                
SUMMARY                                                                                                                       
                                                                                                                                
HB 20     SEXUAL ASSAULT EXAMINATION KITS                                                                                       
                                                                                                                                
          HB 20 was HEARD and HELD in committee for further                                                                     
          consideration.                                                                                                        
                                                                                                                                
Co-Chair Wilson reviewed the meeting agenda.                                                                                    
                                                                                                                                
HOUSE BILL NO. 20                                                                                                             
                                                                                                                                
     "An  Act requiring  law  enforcement  agencies to  send                                                                    
     sexual assault examination kits  for testing within six                                                                    
     months   after  collection;   and   providing  for   an                                                                    
     effective date."                                                                                                           
                                                                                                                                
9:06:10 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilson  noted the committee would  hear from Ronald                                                                    
Taylor who  had been the  commissioner of the  Department of                                                                    
Corrections  (DOC) when  recidivism numbers  were declining.                                                                    
She  wondered  what  measures  were  taken  to  achieve  the                                                                    
reduction.                                                                                                                      
                                                                                                                                
RONALD TAYLOR,  CHIEF, PRISONS DIVISION,  NATIONAL INSTITUTE                                                                    
OF  CORRECTIONS,   WASHINGTON  D.C.   (via  teleconference),                                                                    
introduced   himself.   He   shared  that   he   served   as                                                                    
commissioner,  deputy  commissioner,  and  Director  of  the                                                                    
Division of Probation  and Parole in his  former tenure with                                                                    
DOC. He indicated that the  decline in recidivism began with                                                                    
the former  DOC commissioner,  Commissioner Joe  Schmidt and                                                                    
his  administration.  The  department took  a  three  phased                                                                    
approach  that included  programming,  changes in  probation                                                                    
and parole, and implementing a  prison reentry program via a                                                                    
prison   reentry  task   force.  He   delineated  that   the                                                                    
programming    systems    within   the    department    were                                                                    
significantly  improved.  In  addition,  the  commissioners                                                                     
office worked with the Division  of Probation and Parole and                                                                    
enhanced its  focus to include  offender success  along with                                                                    
enforcement.  The  commissioners   office ensured  that  the                                                                    
changes  in the  division  aligned with  the direction  they                                                                    
were taking the department.  They utilized a risk assessment                                                                    
tool and provided training  within the institutional setting                                                                    
for  correctional  offices,  case  managers,  and  probation                                                                    
officers to ensure  the risk assessment tool  was being used                                                                    
and  the   information  was   properly  shared   within  the                                                                    
institution  and  in  the  community.  They  embarked  on  a                                                                    
 robust  prisoner  reentry program in 5  communities via the                                                                    
reentry task force.                                                                                                             
                                                                                                                                
Co-Chair Wilson  inquired about the  types of  programs that                                                                    
were   implemented.   Mr.   Taylor   responded   that   they                                                                    
reestablished a number of  programs within the institutions.                                                                    
He  listed the  programs: substance  abuse programs,  Alaska                                                                    
Native   Specific  program,   Residential  Substance   Abuse                                                                    
Treatment  (RSAT),  community  after  care,  and  outpatient                                                                    
program.  In addition,  they provided  a spectrum  of mental                                                                    
health  treatment to  the  prison  population that  included                                                                    
assessment  and  referral  to individual  counseling,  anger                                                                    
management,   tele-psychiatry,  transitional   services  and                                                                    
release  planning.   They  also  focused  on   sex  offender                                                                    
management that included  community counseling and polygraph                                                                    
testing.  They complemented  the  programs with  faith-based                                                                    
programs that included peer support and mentoring programs.                                                                     
                                                                                                                                
9:10:19 AM                                                                                                                    
                                                                                                                                
Vice-Chair  Johnston  referenced  the risk  assessment  tool                                                                    
and asked  whether it was  different than the  current tool.                                                                    
Mr.  Taylor answered  that  he was  unaware  of the  current                                                                    
tool. The department was using  the (LSI-R) Level of Service                                                                    
Inventory- Revised and he assumed  that the current tool was                                                                    
similar.   Vice-Chair   Johnston    inquired   whether   the                                                                    
department  utilized  a  personal management  agreement  [an                                                                    
individual management plan] with  the inmate population. Mr.                                                                    
Taylor deduced  that Vice-Chair Johnston may  be referencing                                                                    
the offender management plan that  they had designed and had                                                                    
implemented  the   risk/needs  assessment.   The  assessment                                                                    
determined the  inmates  appropriate  institutional programs                                                                    
and  it  followed through  to  their  program needs  in  the                                                                    
community.  Vice-Chair Johnston  asked  if  the program  was                                                                    
much  different  than  the  current  plan.  Mr.  Taylor  was                                                                    
unaware of the what plan was currently in use.                                                                                  
                                                                                                                                
Representative  Josephson asked  about  the risk  assessment                                                                    
and surmised that  the tool was internal and  had nothing to                                                                    
do with bail hearing. Mr.  Taylor affirmed and added that it                                                                    
was exclusively for DOC use.                                                                                                    
                                                                                                                                
Co-Chair  Wilson asked  whether the  programs were  evidence                                                                    
based.                                                                                                                          
                                                                                                                                
9:13:15 AM                                                                                                                    
                                                                                                                                
Mr. Taylor replied that most  of the programs were evidenced                                                                    
based. He possessed  DOC data for 2014 and  2015. He relayed                                                                    
data  regarding assessments  and  referrals for  reformative                                                                    
programs in 2014. He noted  there were 583 inmates receiving                                                                    
assessment referrals: 444 received  LSAT, 135 received RSAT,                                                                    
and 214  received after  care. In  2015, the  assessment and                                                                    
referrals jumped  to 1,046; 601 received  LSAT, 152 received                                                                    
RSAT,  and those  completing the  active share  increased to                                                                    
301.  Co-Chair  Wilson  asked for  the  reason  the  numbers                                                                    
increased from  2014 to  2015. Mr.  Taylor replied  that the                                                                    
increase  was  due  to  roughly  $1  million  in  additional                                                                    
funding  for  the  department.  He  qualified  that  only  2                                                                    
percent to  3 percent of  DOCs  budget was  appropriated for                                                                    
the programs.  Co-Chair Wilson asked  what it would  take to                                                                    
maintain  programs at  a  level  that significantly  lowered                                                                    
recidivism.  Mr.  Taylor replied  that  it  was a  difficult                                                                    
question to answer.  He believed that many  other things had                                                                    
to  take  place  within   the  institutions,  probation  and                                                                    
parole, and the community.  He observed that the communities                                                                    
needed  to   step  up   in  terms  of  reentry  options.  He                                                                    
recounted that  at the  time, the  they offered  a  complete                                                                    
package  with  tremendous  support from the criminal justice                                                                    
system  and   partners   from various  state  agencies  like                                                                    
Department  of Labor  and  Workforce  Development (DOL)  and                                                                    
Department  of  Health and  Social  Services  (DHSS) with  a                                                                    
 laser focus  on reducing recidivism   that began to  make a                                                                    
difference. He concluded  that it was not just  a program or                                                                    
two that  was a  silver  bullet  for reducing  recidivism; a                                                                    
wholistic approach was necessary.                                                                                               
                                                                                                                                
9:16:31 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilson  asked if  inmates had  a certain  amount of                                                                    
sentenced time  left when DOC  implemented the  programs, or                                                                    
if  they began  when inmates  were initially  sentenced. Mr.                                                                    
Taylor  responded  that the  process  started  the moment  a                                                                    
person entered an institution.                                                                                                  
                                                                                                                                
Representative Carpenter  asked about  inmates participating                                                                    
in  the program  in  2014 and  2015 -  and  the increase  in                                                                    
funding. He asked  if the inmates were  participating in the                                                                    
programming  because it  was mandated  or whether  it was  a                                                                    
choice. Mr. Taylor  remembered that it was  a combination of                                                                    
both. He  recounted that DOC  had a tremendous  waitlist for                                                                    
inmate  treatment  and  the inmates  were  volunteering  for                                                                    
them. The  programs provided the inmates  the opportunity to                                                                    
transition into the community with  skills they lacked prior                                                                    
to entering the institution.                                                                                                    
                                                                                                                                
Representative  Josephson  asked  whether the  approach  had                                                                    
been Mr.  Taylor's or the  departments  creation  or adopted                                                                    
from  another   approach.  Mr.  Taylor  answered   that  the                                                                    
approach  came from  the National  Institute of  Corrections                                                                    
Transition   from  Prison   to  the   Community  Model.   He                                                                    
elaborated that the approach  incorporated three phases; the                                                                    
institution,  the transition,  and the  community phase  and                                                                    
sought to move a person through the phases successfully.                                                                        
                                                                                                                                
Co-Chair Wilson  asked about Mr. Taylor's  current work. She                                                                    
wondered whether  the institute was starting  to see results                                                                    
in  decreasing recidivism.  Mr. Taylor  answered there  were                                                                    
numerous  states that  had  seen  recidivism reductions.  He                                                                    
offered to follow up with specific information.                                                                                 
                                                                                                                                
9:20:35 AM                                                                                                                    
                                                                                                                                
Vice-Chair Johnston  was interested  in statistics  from any                                                                    
states that had an increase  in recidivism due to the impact                                                                    
from opioid  addiction. She noted  that the  opioid epidemic                                                                    
tended  to be  a rural  issue  more than  urban. Mr.  Taylor                                                                    
agreed to follow up.                                                                                                            
                                                                                                                                
Co-Chair  Wilson directed  a question  to the  Department of                                                                    
Corrections  regarding the  fiscal notes.  She asked  for an                                                                    
explanation of the  calculations used and how it  led to the                                                                    
threshold to reopen the Palmer facility.                                                                                        
                                                                                                                                
MICHAEL  MATTHEWS,  LEAD  RESEARCH  ANALYST,  DEPARTMENT  OF                                                                    
CORRECTIONS, replied that the  calculations depended on what                                                                    
was  being asked  that predicated  which years  the analysts                                                                    
used. He delineated  that anything that pertained  to a roll                                                                    
back  to pre-SB  91  [SB 91-Omnibus  Crim  Law &  Procedure;                                                                    
Corrections  (CHAPTER 36  SLA 16  - 07/11/2016)]  conditions                                                                    
were based  on 2014 data. A  general change in the  law, for                                                                    
example,  increasing the  number of  days in  incarceration,                                                                    
they used the most current data, which was from 2018.                                                                           
                                                                                                                                
9:23:40 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilson  asked for more clarification  regarding how                                                                    
2014 data  was used.  Mr. Matthews  answered that  they took                                                                    
the  number  of people  convicted  for  a specific  offense,                                                                    
which  became  the  baseline number,  and  incorporated  the                                                                    
length of the incarceration.  He exemplified that if someone                                                                    
was  convicted  of DUI  (Driving  Under  the Influence)  and                                                                    
murder he would not include  the person under the DUI length                                                                    
of stay  data. Co-Chair  Wilson referenced ACOMS.  She asked                                                                    
what the  anacronym stood  for and  what data  it contained.                                                                    
Mr.  Matthews   answered  that   it  signified   the  Alaska                                                                    
Corrections Offender  Management System (ACOMS) and  was the                                                                    
correctional  system  database.  The  data  began  when  the                                                                    
inmate was initially booked into  the facility or system and                                                                    
documented  every detail  regarding  the  inmate during  the                                                                    
entire sentence  that included assessments.  Co-Chair Wilson                                                                    
asked whether  the data  generated included  aggregated data                                                                    
on  any  given  day  to determine  the  composition  of  the                                                                    
population. Mr.  Matthews replied that some  information was                                                                    
confidential for  a time and  might not be  comprehensive on                                                                    
any given day.                                                                                                                  
                                                                                                                                
9:26:18 AM                                                                                                                    
                                                                                                                                
Co-Chair  Wilson  considered  the  bigger  picture  and  the                                                                    
composition of  the population regarding crimes;  violent or                                                                    
non-violent, pre-trial,  etc. She  asked if  the legislature                                                                    
would have the  ability to look at  the populations  make-up                                                                    
in the aggregate and not  the individual. She was frustrated                                                                    
to  be asked  to  make decisions  without understanding  the                                                                    
population.  Mr. Matthews  asked  for  clarity. He  inquired                                                                    
whether  she  wanted   record level   information.  Co-Chair                                                                    
Wilson  clarified that  she wanted  a  holistic number  that                                                                    
included a  breakdown of the  number of  offenders convicted                                                                    
of felony A, B, C,  misdemeanors, etc. She was interested in                                                                    
the  larger picture  to understand  the current  population.                                                                    
She  wanted   to  understand  how  the   fiscal  notes  were                                                                    
developed  and whether  he had  a spreadsheet.  Mr. Matthews                                                                    
replied   they  could   provide   information  regarding   a                                                                    
breakdown by crime and degree  and report trends by offenses                                                                    
and demographics.  He surmised  she was  looking for  a high                                                                    
level  overall   picture  of  what  was   occurring  in  the                                                                    
institutions  populations. Co-Chair  Wilson wondered whether                                                                    
the  information  could  provide information  regarding  the                                                                    
level of custody required.                                                                                                      
                                                                                                                                
9:29:18 AM                                                                                                                    
                                                                                                                                
Mr. Matthews answered in the  affirmative and added that DOC                                                                    
had custody level information.                                                                                                  
                                                                                                                                
Vice-Chair  Johnston   asked  whether  the   department  had                                                                    
offender management tool and risk  management tool data. Mr.                                                                    
Matthews   answered  that   they   tracked   the  LSIR   and                                                                    
OMP(Offender management Plan) tools.                                                                                            
Vice-Chair Johnston asked if  they tracked the effectiveness                                                                    
of the tools. Mr. Matthews  answered that they analyzed LSIR                                                                    
regarding  the  likelihood  to  recidivate.  He  offered  to                                                                    
provide the data.                                                                                                               
                                                                                                                                
Representative  Josephson asked  for  verification that  Mr.                                                                    
Matthews  was  one of  the  primary  analysts for  DOC.  Mr.                                                                    
Matthews   answered  in   the  affirmative.   Representative                                                                    
Josephson asked  whether he was  familiar with  the decrease                                                                    
in  recidivism  in  2014.  Mr.  Matthews  replied  that  the                                                                    
department tracked  recidivism annually and could  look back                                                                    
to 2002.  Representative Josephson asked  whether recidivism                                                                    
was trending down prior to  the implementation of SB 91. Mr.                                                                    
Matthews responded in the affirmative  and added that it had                                                                    
only decreased a couple of percentage points.                                                                                   
                                                                                                                                
9:31:53 AM                                                                                                                    
                                                                                                                                
Representative  Josephson asked  if Mr.  Matthews was  asked                                                                    
for his  opinion on  policy and felt  his position  was used                                                                    
properly in  terms of providing beneficial  information. Mr.                                                                    
Matthews  answered in  the affirmative  and  added that  the                                                                    
department asked him the question daily.                                                                                        
                                                                                                                                
Co-Chair Wilson  asked if  the department  could go  back to                                                                    
2014  and 2015  and identify  the programs  in use  and data                                                                    
regarding their success and  whether they currently remained                                                                    
in use.  [Secretary Note: The teleconference  connection was                                                                    
lost.]                                                                                                                          
                                                                                                                                
9:33:18 AM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
9:33:46 AM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair Wilson pointed  to 2014 and 2015  when programs had                                                                    
been reestablished  that Mr. Taylor  indicated had  begun to                                                                    
make  a   difference  in  recidivism.  She   reiterated  her                                                                    
question   regarding  data.   Mr.  Matthews   answered  that                                                                    
unfortunately programming  was not well recorded  in the DOC                                                                    
system.  Co-Chair  Wilson  asked whether  the  scenario  had                                                                    
always  been the  case.  Mr. Matthews  replied  that it  had                                                                    
always been the case. Co-Chair  Wilson assumed he was behind                                                                    
all  the fiscal  note data.  Mr. Matthews  responded in  the                                                                    
affirmative. Co-Chair  Wilson restated  her request  for how                                                                    
he calculated the numbers in the fiscal notes.                                                                                  
9:35:43 AM                                                                                                                    
                                                                                                                                
Mr. Matthews provided an example  of the data she requested.                                                                    
He concluded  that she  wanted him to   show the  math.  Co-                                                                    
Chair Wilson replied in the affirmative.                                                                                        
                                                                                                                                
Representative LeBon asked if  the calculation would include                                                                    
data  on   repeat  offenders.  Mr.  Matthews   answered  the                                                                    
department could show who had  been incarcerated in the past                                                                    
and why but would be  difficult to aggregate the information                                                                    
into  a presentable  package. He  asked for  more specifics.                                                                    
Representative LeBon  replied that the committee  was trying                                                                    
to determine  trends, recidivism,  and how provisions  in SB
91   were  working.   He  emphasized   that  statistics   on                                                                    
recidivism  was crucial  to their  decision making  process.                                                                    
Mr. Matthews  described the  type of  recidivism information                                                                    
he could provide.                                                                                                               
                                                                                                                                
Representative  Knopp  thought that  Representative  LeBon's                                                                    
question  required a  different calculation.  He ascertained                                                                    
that Co-Chair  Wilson was  looking for  how the  fiscal note                                                                    
numbers were  derived based on  longer sentencing.  He noted                                                                    
that Representative  LeBon was asking about  the efficacy of                                                                    
the programs  and determined  that the  answer called  for a                                                                    
different  equation,  which  he recalled  was  difficult  to                                                                    
quantify. He deemed  that it was impossible  to predict when                                                                    
an  individual   would  reoffend.   He  asked   whether  his                                                                    
deduction was correct.                                                                                                          
                                                                                                                                
9:38:34 AM                                                                                                                    
                                                                                                                                
Mr.  Matthews answered  that  the  department lacked  robust                                                                    
data  regarding programs  and any  type  of data  connecting                                                                    
programs and  recidivating was  difficult and  required many                                                                    
assumptions.                                                                                                                    
                                                                                                                                
Co-Chair Wilson referenced  the committees  frustration over                                                                    
lack of data.                                                                                                                   
                                                                                                                                
Representative  Carpenter  asked  if   Mr.  Matthews  was  a                                                                    
database manager. Mr. Matthews  replied that the manager was                                                                    
another  position. Representative  Carpenter asked  when the                                                                    
ACOMS system had  last been updated. He  wondered whether it                                                                    
was  possible to  revise  the  type of  data  that could  be                                                                    
tracked. Mr.  Matthews answered that  ACOMS had  gone online                                                                    
in 2010. The database was from  a consortium and was an open                                                                    
source  system.   The  department  frequently   updated  and                                                                    
revised  the  system.  Representative  Carpenter  asked  for                                                                    
verification that  it was possible  to update the  system to                                                                    
track  new program  efficacy. Mr.  Matthews answered  in the                                                                    
affirmative.                                                                                                                    
                                                                                                                                
Co-Chair   Wilson   asked   whether  the   assessment   tool                                                                    
pertaining to individuals  on pretrial electronic monitoring                                                                    
(EM) had  reoffended prior to  going to court.  Mr. Matthews                                                                    
answered in  the affirmative. He  reported that  DOC tracked                                                                    
pretrial   supervision,  the   individuals   offenses,   and                                                                    
whether  they    were returned  to  incarceration.  Co-Chair                                                                    
Wilson  referenced a  presentation the  previous week  where                                                                    
the  committee had  learned  about  a hypothetical  criminal                                                                    
named,  Offender  Joe  who  reoffended during  pretrial. She                                                                    
asked if ACOMS collected data of that nature.                                                                                   
                                                                                                                                
9:41:58 AM                                                                                                                    
                                                                                                                                
Mr. Matthews responded  that if the individual  came back to                                                                    
DOC custody they would know and retain the data.                                                                                
                                                                                                                                
Co-Chair Wilson  asked for verification that  the department                                                                    
would  know when  an individual  had been  released and  had                                                                    
reoffended. She  was interested to know  whether individuals                                                                    
were  being  released  while waiting  for  trial  and  those                                                                    
individuals  who  were  reoffending   prior  to  trial.  Mr.                                                                    
Matthews affirmed.  He informed the committee  that pretrial                                                                    
release  was  in  effect  before  pretrial  supervision  was                                                                    
implemented. Co-Chair  Wilson reiterated that she  wanted to                                                                    
measure the  program's efficacy  regarding whether  a person                                                                    
was on the right path prior to a court hearing.                                                                                 
                                                                                                                                
Representative Carpenter asked if  ACOMS was adequately able                                                                    
to  answer  the  questions  posed  to  the  department.  Mr.                                                                    
Matthews answered that  ACOMS had been designed  to know who                                                                    
was where  when. Any additional  data revisions  were  extra                                                                    
stuff.  Often,  he had to  fill in  the gaps due  to missing                                                                    
information. He qualified that the  analysts were only aware                                                                    
of  individuals who  came to  the department's  attention by                                                                    
being arrested and booked. He  provided an example of when a                                                                    
person was arrested,  found guilty but not  given jail time;                                                                    
in  the  scenario  the  department  would  not  receive  the                                                                    
information. Representative  Carpenter thought  Mr. Matthews                                                                    
was describing  an inventory management system  instead of a                                                                    
system  that was  designed to  interpret data.  Mr. Matthews                                                                    
agreed  with  the conclusion  and  restated  that it  was  a                                                                    
system designed to know who was where when.                                                                                     
9:45:30 AM                                                                                                                    
                                                                                                                                
Representative  Carpenter considered  that  the program  was                                                                    
not  intuitively  designed to get  at the questions asked by                                                                    
the   committee.  He   suggested  that   modifications  were                                                                    
necessary to obtain the answers the committee sought.                                                                           
                                                                                                                                
Co-Chair  Wilson  agreed   with  Representative  Carpenters                                                                     
conclusions, but she was also  frustrated that the committee                                                                    
was  not able  to get  the data  to know  how changes  would                                                                    
impact the system. She furthered  that when crafting policy,                                                                    
some things  would work, and  others would not. She  did not                                                                    
believe the  committee had all  the data it truly  needed to                                                                    
get  to the  root  of  the problem.  She  stressed that  the                                                                    
public  wanted   harsher  sentencing   and  to   change  the                                                                    
outcomes.  She  opined  that   programs  were  necessary  to                                                                    
rehabilitate an  individual. She  emphasized her  desire for                                                                    
data to drive the policy outcomes.                                                                                              
                                                                                                                                
Representative  Carpenter  appreciated  Mr.  Matthews  being                                                                    
present  to  answer  questions.   He  ascertained  that  the                                                                    
department  staff was  requesting  the data  to help  inform                                                                    
intelligent decisions. He sensed  that Mr. Matthews was able                                                                    
to make the  system work to a point, but  the system was not                                                                    
designed for that purpose. He  asked whether his conclusions                                                                    
were  accurate. Mr.  Matthews  replied  that the  statements                                                                    
were  generally true.  He elaborated  he spent  much of  his                                                                    
time  calculating numbers  and lacked  the time  to research                                                                    
the reasons for the outcomes.                                                                                                   
                                                                                                                                
9:48:53 AM                                                                                                                    
                                                                                                                                
Co-Chair  Wilson thanked  the presenter.  She wondered  when                                                                    
the  committee could  expect the  information. Mr.  Matthews                                                                    
replied  that  when  the  department   received  a  bill  it                                                                    
generally  took anywhere  from  one to  two  hours per  bill                                                                    
section.                                                                                                                        
                                                                                                                                
Co-Chair  Wilson  thanked Mr.  Matthews  for  his time.  She                                                                    
clarified  that the  following testifier  would  speak to  a                                                                    
risk  assessment  tool  for  recidivism  that  was  not  the                                                                    
pretrial assessment tool.                                                                                                       
                                                                                                                                
9:50:02 AM                                                                                                                    
                                                                                                                                
BRYAN    BRANDENBURG,   FORMER    DIRECTOR,   DIVISION    OF                                                                    
INSTITUTIONS,     DEPARTMENT     OF     CORRECTIONS     (via                                                                    
teleconference), shared  that he was the  Deputy Director of                                                                    
Operations under Commissioner Schmidt  for four years before                                                                    
he was the  Division Director of Institutions  for four more                                                                    
years.  He indicated  that he  was tasked  with implementing                                                                    
progressive  treatment   programming  in   the  correctional                                                                    
institutions.  He detailed  that in  2007, when  the process                                                                    
began, DOC lack  any programming and they had  looked to the                                                                    
National Institution of  Corrections, Transition from Prison                                                                    
to the Community  Model for guidance. He  explained that the                                                                    
model   encompassed  an   initial  inmate   assessment  upon                                                                    
entering   an    institution   that    included   screening,                                                                    
assessment,  and  classification   of  the  individuals  and                                                                    
referral into evidence-based  programming while incarcerated                                                                    
and a  process of  reintegration into the  community through                                                                    
the offender  management plan. He emphasized  the importance                                                                    
of identifying  the population that would  most benefit from                                                                    
the  treatment programs.  The division  utilized  the LSI  -                                                                    
Screening  and LSIR  to identify  the  level of  risk of  an                                                                    
offender.  High  risk  individuals   were  referred  to  the                                                                    
programs.   When  assessing   a   criminal  population   for                                                                    
recidivism  risk, certain  characteristics were  identified,                                                                    
and   the   programs   were    designed   to   address   the                                                                    
characteristics.  Some of  the programs  implemented were  a                                                                    
90-day  intensive   outpatient  substance   abuse  treatment                                                                    
program,  a  criminal  attitudes   program  to  address  the                                                                    
beliefs  and attitudes  that drove  the  thinking, an  anger                                                                    
management program,  and parenting  program. The  medium and                                                                    
high  risk individuals  were referred  to  the programs  and                                                                    
were  tracked  through  completion  and  given  an  OMP.  He                                                                    
characterized  the plan  as a  discharge  summary. The  plan                                                                    
informed the inmate of their  conditions of release. The OMP                                                                    
included  a  reentry  plan that  incorporated  many  of  the                                                                    
community  providers   with  a  focus  primarily   on  jobs,                                                                    
housing, and aftercare.                                                                                                         
                                                                                                                                
9:54:31 AM                                                                                                                    
                                                                                                                                
Mr. Brandenburg noted that the  committee had heard from Mr.                                                                    
Skidmore  the   previous  day  regarding  the   decrease  in                                                                    
recidivism. He remarked  that he had left  the department in                                                                    
2014 with  positive data regarding recidivism  reduction. He                                                                    
believed that  the programs he helped  establish proved very                                                                    
effective  in  showing  that treatment  had  been  making  a                                                                    
difference. He had worked in  a jail in Oregon after leaving                                                                    
DOC and  incorporated many  of the  same programs.  The jail                                                                    
experienced a reduction in recidivism  from 71 percent to 61                                                                    
percent during his three years in Oregon.                                                                                       
Vice-Chair  Johnston  asked  where  DOCs   funding  for  the                                                                    
programs came  from. She  recalled that in  2007   and 2008,                                                                    
the state had received federal  funding to treat the state's                                                                    
meth  problem. She  asked if  some of  the funding  had been                                                                    
used in DOC for that  purpose. Mr. Brandenburg was not aware                                                                    
of using federal funds for  the programs. He remembered that                                                                    
DOC received funding from the  legislature for the programs.                                                                    
Vice-Chair   Johnston   assumed   that   the   funding   was                                                                    
operational and  not capital funds. Mr.  Brandenburg replied                                                                    
in the affirmative.                                                                                                             
                                                                                                                                
9:56:52 AM                                                                                                                    
                                                                                                                                
Co-Chair Wilson asked for specifics  about the programs. Mr.                                                                    
Brandenburg  replied   that  the  administration   prior  to                                                                    
Commissioner  Schmidt   had  eliminated   all  institutional                                                                    
programming  apart  from  some   basic  education  and  RSAT                                                                    
programs.  He   elaborated  that  when   they  reimplemented                                                                    
programming,   roughly  half   of   the  population   needed                                                                    
substance abuse treatment and DOC  only had the resources to                                                                    
serve 200 inmates a year  through the RSAT program. Co-Chair                                                                    
Wilson asked  whether Mr.  Brandenburg had  observed success                                                                    
utilizing  the Community  Residential Centers  (CRC) and  EM                                                                    
programs  during reentry.  Mr. Brandenburg  answered in  the                                                                    
affirmative.  He  indicated  that   CRCs  were  designed  as                                                                    
reentry  tools  to  transition  the  inmate  back  into  the                                                                    
community, but they were unable  to utilize them fully. They                                                                    
had some success in several  communities [Kenai, Seward, and                                                                    
Juneau] due to access to  work in fish processing plants. He                                                                    
explained  that the  idea behind  OMPs and  reentry was  the                                                                    
cohesion  between  probation  and parole  and  working  with                                                                    
community  providers  to  assist  in  the  transition.  Many                                                                    
inmates  required  assistance  to   follow  through  on  the                                                                    
conditions  of release.  The  community providers  performed                                                                    
 in-reach   prior to  inmates  release  to help  set up  the                                                                    
transition process and  make  the process smoother. Co-Chair                                                                    
Wilson asked whether there was  substance abuse treatment in                                                                    
the CRCs  to address the treatment  backlog. Mr. Brandenburg                                                                    
answered  in the  affirmative. He  elaborated that  that the                                                                    
department had  worked with CRCs to  develop substance abuse                                                                    
treatment  on  the outside.  The  intent  of developing  the                                                                    
program  was  to  provide treatment  while  incarcerated  so                                                                    
inmates  could focus  on  housing,  reunification, and  work                                                                    
post release.  He emphasized that  it was more  effective to                                                                    
complete  treatment while  incarcerated and  offer aftercare                                                                    
upon release.                                                                                                                   
                                                                                                                                
10:02:10 AM                                                                                                                   
                                                                                                                                
Representative Knopp  asked why  CRCs had not  been utilized                                                                    
as  much  as  the  department had  wanted.  Mr.  Brandenburg                                                                    
replied that  he misspoke. He clarified  that the department                                                                    
had used the CRCs and had  kept the 750 beds full. The issue                                                                    
had been  that the centers had  not been used as  much as he                                                                    
would  have   liked  for  individuals  that   had  completed                                                                    
treatment programs while in prison.                                                                                             
                                                                                                                                
Representative Carpenter asked what  the challenges were for                                                                    
individuals completing  programming in the  CRCs. [Secretary                                                                    
Note: Mr. Brandenburg's call dropped]                                                                                           
                                                                                                                                
Co-Chair  Wilson asked  how much  of the  $168. per  day per                                                                    
offender expense was spent on treatment.                                                                                        
                                                                                                                                
10:04:17 AM                                                                                                                   
                                                                                                                                
KELLY    GOODE,   DEPUTY    COMMISSIONER,   DEPARTMENT    OF                                                                    
CORRECTIONS, replied she  would follow up by the  end of the                                                                    
day.                                                                                                                            
                                                                                                                                
Representative  Carpenter  inquired whether  the  transition                                                                    
model  employed  by  DOC   under  Commissioner  Schmidt  was                                                                    
currently in  use. Ms. Goode  replied that she  would follow                                                                    
up. She  noted that  the same  programming mentioned  by the                                                                    
prior administrations testifiers were still in use.                                                                             
                                                                                                                                
Representative   Carpenter  cited   a  statement   from  the                                                                    
departments website and read the following:                                                                                     
                                                                                                                                
      Develop the capacity to measure change towards                                                                            
     specific outcomes and track information that can be                                                                        
     used for planning future improvements.                                                                                     
                                                                                                                                
Representative Carpenter  thought the bullet point  spoke to                                                                    
what  he  felt the  legislature's  job  was; how  to  manage                                                                    
change to achieve the desired outcomes.                                                                                         
                                                                                                                                
Co-Chair  Wilson  highlighted   her  concern  regarding  the                                                                    
latest  CRC contracts  in Juneau  that did  not include  any                                                                    
treatment.                                                                                                                      
                                                                                                                                
10:06:37 AM                                                                                                                   
                                                                                                                                
Representative  Carpenter  restated   his  earlier  question                                                                    
about  CRCs. He  asked  if  the issue  had  been  a lack  of                                                                    
training  outside  or  within   the  CRCs.  Mr.  Brandenburg                                                                    
answered that  different CRCs had different  programming. He                                                                    
reported that  some programs were   less than  ideal.  There                                                                    
was not a very good tracking system at the time.                                                                                
                                                                                                                                
Co-Chair  Wilson thanked  Mr. Brandenburg  for his  time and                                                                    
information.                                                                                                                    
                                                                                                                                
HB  20  was   HEARD  and  HELD  in   committee  for  further                                                                    
consideration.                                                                                                                  
                                                                                                                                
Co-Chair  Wilson  reviewed  the  agenda  for  the  following                                                                    
meeting.                                                                                                                        
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
10:08:27 AM                                                                                                                   
                                                                                                                                
The meeting was adjourned at 10:08 a.m.                                                                                         

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