Legislature(2007 - 2008)CAPITOL 120

02/14/2007 01:30 PM House JUDICIARY


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Audio Topic
01:35:54 PM Start
01:36:15 PM Overview(s): Alaska Rural Justice and Law Enforcement Commission
02:44:18 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Time Change --
Joint with Senate Judiciary
+ Overview: Alaska Rural Justice and Law TELECONFERENCED
Enforcement Commission
Overview: Sex Offender Management in AK
<Rescheduled to 02/15/07>
-- Testimony <Invitation Only> --
                    ALASKA STATE LEGISLATURE                                                                                  
                         JOINT MEETING                                                                                        
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
              SENATE JUDICIARY STANDING COMMITTEE                                                                             
                       February 14, 2007                                                                                        
                           1:35 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 Representative Jay Ramras, Chair                                                                                               
 Representative John Coghill                                                                                                    
 Representative Bob Lynn                                                                                                        
 Representative Max Gruenberg                                                                                                   
 Representative Lindsey Holmes                                                                                                  
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Hollis French, Chair                                                                                                   
 Senator Charlie Huggins, Vice Chair                                                                                            
 Senator Bill Wielechowski                                                                                                      
 Senator Gene Therriault                                                                                                        
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
HOUSE JUDICIARY                                                                                                                 
                                                                                                                                
 Representative Nancy Dahlstrom, Vice Chair                                                                                     
 Representative Ralph Samuels                                                                                                   
                                                                                                                                
SENATE JUDICIARY                                                                                                                
                                                                                                                                
 Senator Lesil McGuire                                                                                                          
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  ALASKA RURAL JUSTICE AND LAW ENFORCEMENT                                                                          
COMMISSION                                                                                                                      
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
OVERVIEW(S):  SEX OFFENDER MANAGEMENT IN ALASKA                                                                                 
                                                                                                                                
     - HEARING POSTPONED TO 2/15/07                                                                                             
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
TALIS COLBERG, Acting Attorney General                                                                                          
Department of Law;                                                                                                              
State Co-Chair                                                                                                                  
Alaska Rural Justice and Law Enforcement Commission                                                                             
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Assisted with  the overview  regarding the                                                               
Alaska Rural Justice and Law Enforcement Commission.                                                                            
                                                                                                                                
JAMES TORGERSON, Non-Voting Federal Court Representative                                                                        
Alaska Rural Justice and Law Enforcement Commission                                                                             
(No address provided)                                                                                                           
POSITION  STATEMENT:   Assisted with  the overview  regarding the                                                               
Alaska Rural Justice and Law Enforcement Commission.                                                                            
                                                                                                                                
LORETTA  BULLARD, Non-Profit  Native Corporation  Representative,                                                               
Alaska Rural Justice and Law Enforcement Commission                                                                             
(No address provided)                                                                                                           
POSITION  STATEMENT:   Assisted with  the overview  regarding the                                                               
Alaska Rural Justice and Law Enforcement Commission.                                                                            
                                                                                                                                
BRUCE BOTELHO, Alaska Municipal League Representative                                                                           
Alaska Rural Justice and Law Enforcement Commission                                                                             
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   Assisted with  the overview  regarding the                                                               
Alaska Rural Justice and Law Enforcement Commission.                                                                            
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR HOLLIS  FRENCH called the  joint meeting of the  Senate and                                                             
House  Judiciary  Standing Committees  to  order  at 1:35:54  PM.                                                             
Senators Wielechowski,  Huggins, and  French were present  at the                                                               
call  to   order.    Representatives  Lynn,   Holmes,  Gruenberg,                                                               
Coghill,  and  Ramras  and  Senator  Therriault  arrived  as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^OVERVIEW(S):     ALASKA  RURAL   JUSTICE  AND   LAW  ENFORCEMENT                                                             
COMMISSION                                                                                                                    
                                                                                                                                
1:36:15 PM                                                                                                                    
                                                                                                                                
CHAIR FRENCH announced  that the only order of  business would be                                                               
the  overview   regarding  the  Alaska  Rural   Justice  and  Law                                                               
Enforcement Commission ("the Commission").                                                                                      
                                                                                                                                
1:36:40 PM                                                                                                                    
                                                                                                                                
TALIS COLBERG, Acting Attorney General,  Department of Law; State                                                               
Co-Chair, Alaska  Rural Justice  and Law  Enforcement Commission,                                                               
referring  to   a  PowerPoint  presentation,  relayed   that  the                                                               
Commission  was created  by Congress  in 2004,  that members  are                                                               
appointed by the  U.S. Attorney General, and  that the Commission                                                               
is charged with four broad  areas of investigation as they relate                                                               
to  rural Alaska:   law  enforcement,  judicial systems,  alcohol                                                               
importation  and interdiction,  and  domestic  violence (DV)  and                                                               
child  abuse.    Reading  from the  PowerPoint  presentation,  he                                                               
mentioned the names and positions of other Commission members.                                                                  
                                                                                                                                
1:41:17 PM                                                                                                                    
                                                                                                                                
JAMES TORGERSON, Non-Voting  Federal Court Representative, Alaska                                                               
Rural  Justice and  Law Enforcement  Commission, continuing  with                                                               
the PowerPoint  presentation, relayed  that the  Commission makes                                                               
its decisions by consensus, which  means that some jurisdictional                                                               
questions are not  dealt with because it would  be unrealistic to                                                               
expect  the  various participants  to  agree  on such  questions;                                                               
instead, the commission works on  issues for which it is possible                                                               
to  gain  consensus,  and  in forming  its  working  groups,  the                                                               
Commission  attempts   to  ensure   that  all   stakeholders  are                                                               
involved.  After review and  adoption of recommendations that the                                                               
working  groups come  up with,  the  Commission then  acts as  an                                                               
advocate for implementing those  recommendations.  In response to                                                               
a question,  he interrupted the PowerPoint  presentation to relay                                                               
a  few details  about  the timing,  makeup, processes,  benefits,                                                               
difficulties, agendas,  and results of the  Commission's meetings                                                               
and working group meetings.                                                                                                     
                                                                                                                                
MR.   TORGERSON,  returning   to  the   PowerPoint  presentation,                                                               
explained  that  the  first working  groups  developed  over  100                                                               
options that were then organized  into nine general categories of                                                               
recommendations -  engage in  more partnering  and collaboration,                                                               
make systemic  changes to improve rural  law enforcement, enlarge                                                               
the  use  of  community-based  solutions,   broaden  the  use  of                                                               
prevention  approaches,  broaden  therapeutic  efforts,  increase                                                               
employment  of rural  residents in  law enforcement  and judicial                                                               
services, build additional capacity,  increase access to judicial                                                               
services, and  expand the use  of new technologies; and  that the                                                               
second working groups  narrowed the focus to  four specific areas                                                               
- developing  a tiered  system of  law enforcement,  developing a                                                               
model   Indian   Child   Welfare   Act   (ICWA)   memorandum   of                                                               
understanding  (MOU),  exploring  new uses  for  technology,  and                                                               
alcohol interdiction.   He then provided a  few details regarding                                                               
those  four areas  of  focus.   In  response  to  a question,  he                                                               
indicated that  additional conforming  legislation may  be needed                                                               
to assist with alcohol interdiction.                                                                                            
                                                                                                                                
MR.  TORGERSON referred  to the  PowerPoint presentation  and the                                                               
category   of   recommendations   regarding  engaging   in   more                                                               
partnering and collaboration.  The  needs of rural Alaska coupled                                                               
with the  limited resources for  rural Alaska have  elevated this                                                               
particular  category  of  recommendations   to  the  top  of  the                                                               
Commission's list,  and, as was  mentioned earlier,  one specific                                                               
task has  been the development of  a model ICWA MOU,  which could                                                               
then   serve  as   an  example   of  successful   partnering  and                                                               
collaboration.                                                                                                                  
                                                                                                                                
1:57:07 PM                                                                                                                    
                                                                                                                                
LORETTA  BULLARD, Non-Profit  Native Corporation  Representative,                                                               
Alaska Rural Justice and Law  Enforcement Commission, referred to                                                               
the PowerPoint  presentation and the category  of recommendations                                                               
regarding   making  systemic   changes  to   improve  rural   law                                                               
enforcement.    One  specific  recommendation  is  to  develop  a                                                               
uniform, statewide,  tiered system of certification  and training                                                               
because currently there is no  relationship between the different                                                               
branches  of  law  enforcement  in   rural  areas  -  no  natural                                                               
progression between branches  - and so officers in  one branch of                                                               
law  enforcement  have to  go  through  training all  over  again                                                               
whenever  they   choose  to  work   in  another  branch   of  law                                                               
enforcement.  Remarking that having  a uniform, statewide, tiered                                                               
system   of  certification   and  training   will  help   address                                                               
recruitment problems in rural Alaska,  she briefly mentioned some                                                               
of the branches of law  enforcement that provide service in rural                                                               
Alaska, some of  their training criteria, and  which entities are                                                               
responsible for each branch's standards.                                                                                        
                                                                                                                                
MS. BULLARD  spoke of the  recommendations pertaining  to alcohol                                                               
interdiction such as establishing  alcohol distribution points in                                                               
regional  centers of  the state  to  help monitor  the influx  of                                                               
alcohol  into  dry and  damp  communities,  cross designation  of                                                               
troopers and postal inspectors to  help prevent drugs and alcohol                                                               
from being mailed  or otherwise flown into  Bush communities, and                                                               
possibly  introducing legislation  that  would  ban shipments  of                                                               
alcohol in plastic  bottle to rural Alaska  since plastic bottles                                                               
are easier to conceal.                                                                                                          
                                                                                                                                
[Mr. Torgerson provided additional  comments that were not picked                                                               
up well by the microphone.]                                                                                                     
                                                                                                                                
MR.   TORGERSON   mentioned    possible   legislation   proposing                                                               
distribution  centers   in  Bethel  and  Kotzebue,   adding  that                                                               
currently there is one in Barrow.                                                                                               
                                                                                                                                
SENATOR  HUGGINS  questioned  whether  all  of  the  Commission's                                                               
recommendations were feasible from a legal standpoint.                                                                          
                                                                                                                                
MR. TORGERSON acknowledged that some  were not and were therefore                                                               
not being  promoted by the  Commission.  Furthermore,  some ideas                                                               
involving  a  change in  the  law  are not  yet  in  the form  of                                                               
legislation, and  the Commission is  taking steps to  ensure that                                                               
everything that is proposed passes constitutional muster.                                                                       
                                                                                                                                
2:08:29 PM                                                                                                                    
                                                                                                                                
MS. BULLARD referred back to  the PowerPoint presentation and the                                                               
category  of  recommendations  regarding broadening  the  use  of                                                               
prevention  approaches.    Currently  there is  a  real  lack  of                                                               
prevention  and education  services  in the  villages; also,  for                                                               
school-age   children,  there   is   particularly   a  need   for                                                               
information in  the schools  regarding alcohol,  substance abuse,                                                               
DV  and  child  abuse, respect-based  values,  and  interpersonal                                                               
relationships.   She  remarked that  approximately 44  percent of                                                               
the population  in certain rural  communities is 18 years  of age                                                               
and younger.                                                                                                                    
                                                                                                                                
MS.  BULLARD   referred  to   the  category   of  recommendations                                                               
regarding  broadening   therapeutic  efforts.     The  Commission                                                               
supports the  use of therapeutic  courts.  With recent  state and                                                               
federal  budgetary   cuts,  however,   some  programs   in  rural                                                               
communities  have been  cut,  and so  there is  a  huge need  for                                                               
alcohol  and drug  abuse treatment  as opposed  to incarceration.                                                               
There is  also a  need for  foster care,  which perhaps  could be                                                               
provided   in  group-home   settings.      Another  category   of                                                               
recommendations  pertains  to   increasing  employment  of  rural                                                               
residents  in  law  enforcement   and  judicial  services.    For                                                               
example,  33  percent of  those  incarcerated  in the  state  are                                                               
Alaska  Native;   therefore,  positions  in  the   Department  of                                                               
Corrections (DOC) ought to be filled with Alaska Natives.                                                                       
                                                                                                                                
MS.  BULLARD  mentioned  that   Village  Public  Safety  Officers                                                               
(VPSOs)  are  currently  serving  as probation  officers  in  the                                                               
villages,  and this  is working  very well,  though they  are not                                                               
fully trained  as probation officers.   In response  to comments,                                                               
she  acknowledged  that  allegations   of  conflict  of  interest                                                               
between  village residents  and  locally hired  VPSOs serving  as                                                               
probation officers do arise, but  such allegations are dealt with                                                               
at the time on a case-by-case basis.                                                                                            
                                                                                                                                
2:16:42 PM                                                                                                                    
                                                                                                                                
MS. BULLARD referred back to  the PowerPoint presentation and the                                                               
category   of  recommendations   regarding  building   additional                                                               
capacity.   For  example, a  lot of  VPSOs are  being hired  from                                                               
outside of the community, sometimes  even from outside the state,                                                               
and this  has created "housing  crunches" because housing  in the                                                               
villages is  limited in general.   Another issue that  has arisen                                                               
is the deplorable conditions of  village holding facilities which                                                               
in turn raises liability issues for local and state government.                                                                 
                                                                                                                                
MS.  BULLARD,  with regard  to  the  category of  recommendations                                                               
regarding increasing  access to judicial services,  said that the                                                               
Commission  would like  to  see:   enhanced  funding to  increase                                                               
access  to  civil legal  assistance,  and  better utilization  of                                                               
tribal courts.   In  response to a  question, she  mentioned that                                                               
the  "Kake tribal  court"  was  been used  as  an  example [of  a                                                               
successful tribal  court] during the Commission's  public hearing                                                               
process,  and that  that court  was  created in  1997 to  address                                                               
issues of concern  in the community - such as  youth suicide - in                                                               
a non-punitive manner.                                                                                                          
                                                                                                                                
REPRESENTATIVE  COGHILL remarked  that a  lot of  communities are                                                               
attempting establish  a restorative justice model,  and that this                                                               
creates the  potential for  jurisdictional problems,  adding that                                                               
he is  not a big  fan of  surrendering state authority  to tribal                                                               
governments because,  with the exception  of the ICWA,  there are                                                               
no  standards  established  to  deal  with  situations  in  which                                                               
different  entities propose  different  remedies  and attempt  to                                                               
assert their own authority.                                                                                                     
                                                                                                                                
MR. TORGERSON  acknowledged that  the jurisdictional  issues need                                                               
to  be resolved,  and although  such might  not happen  until the                                                               
U.S.  Supreme  Court or  Congress  acts  further, the  underlying                                                               
needs of  the community  still need  to be  addressed even  if it                                                               
means a "jurisdiction-sharing approach."                                                                                        
                                                                                                                                
SENATOR  THERRIAULT  cautioned  that  the  Commission  should  be                                                               
careful not  to establish a  policy piecemeal that  the citizens,                                                               
through their elected officials, wouldn't approve of as a whole.                                                                
                                                                                                                                
MS. BULLARD referred back to  the PowerPoint presentation and the                                                               
category of  recommendations regarding  expanding the use  of new                                                               
technologies,  such as  allowing  law enforcement  access to  the                                                               
connectivity of the  "tele-health system" in rural  Alaska via an                                                               
amendment to  the federal telecommunications Act,  having the DOC                                                               
explore increased  usage of  electronic monitoring,  and allowing                                                               
the Alcoholic Beverage  Control Board ("ABC Board")  to develop a                                                               
statewide database  in order to  track "volume shipments"  to the                                                               
Bush.                                                                                                                           
                                                                                                                                
CHAIR RAMRAS noted that he  is an "on-premise licensee," and that                                                               
he is  aware of  "package licensees" that  ship large  volumes of                                                               
liquor to  damp and wet  communities, and remarked that  in doing                                                               
so  they   might  as   well  be   sending  explosives   to  those                                                               
communities.                                                                                                                    
                                                                                                                                
2:34:10 PM                                                                                                                    
                                                                                                                                
BRUCE  BOTELHO, Alaska  Municipal  League Representative,  Alaska                                                               
Rural Justice  and Law Enforcement  Commission, in response  to a                                                               
question,  said that  the aforementioned  database is  part of  a                                                               
comprehensive approach  and primarily  raises the issue  of cost.                                                               
The goal is to set up a  tracking system managed by the ABC Board                                                               
wherein package  stores would electronically record  sales into a                                                               
central database so that cumulative  efforts to market into a dry                                                               
or damp community could be tracked.                                                                                             
                                                                                                                                
CHAIR  RAMRAS said  he'd  recently had  a  conversation with  the                                                               
operations  director  of  a local  [Fairbanks]  air  carrier  who                                                               
relayed that even when airport  police use drug dogs to determine                                                               
which packages  contain drugs, they  are not able to  do anything                                                               
because they  need a  warrant that  can only  issued by  a postal                                                               
inspector and there  isn't a postal inspector  in Fairbanks; thus                                                               
local  law  enforcement is  unable  to  address this  known  drug                                                               
problem.   He said  he would  like to see  a memorandum  from the                                                               
Commission specifically addressing this issue.                                                                                  
                                                                                                                                
MR.  BOTELHO indicated  that the  Commission  would [issue  one],                                                               
though   it  recognizes   that  there   are  constitutional   and                                                               
jurisdictional  issues   that  any   forthcoming  recommendations                                                               
regarding drug and alcohol trafficking must address as well.                                                                    
                                                                                                                                
MS.  BULLARD remarked  that  the Commission  has  sought to  have                                                               
state troopers "cross deputized" by the post office.                                                                            
                                                                                                                                
CHAIR  RAMRAS  asked   whether  it  would  be   helpful  for  the                                                               
legislature,  via  a resolution,  to  ask  that that  process  be                                                               
expedited.                                                                                                                      
                                                                                                                                
MR.  BOTELHO indicated  that the  Commission  would discuss  that                                                               
possibility at its next meeting.                                                                                                
                                                                                                                                
REPRESENTATIVE COGHILL  noted that tracking liquor  sales to damp                                                               
and wet communities could raise constitutional issues.                                                                          
                                                                                                                                
2:44:18 PM                                                                                                                    
                                                                                                                                
MS.  BULLARD mentioned  that some  people  flying from  Fairbanks                                                               
into Nome now  choose to do so via smaller  airlines because they                                                               
don't  get  searched like  they  would  if  they flew  on  Alaska                                                               
Airlines.                                                                                                                       
                                                                                                                                
ACTING  ATTORNEY  GENERAL  COLBERG  referred  to  the  PowerPoint                                                               
presentation,  specifically  the  slide  titled  "Recommendations                                                               
Impacting  State  Law",  and indicated  that  federal  and  state                                                               
funding  should  be  sought,  that there  should  be  changes  to                                                               
Title 4  regarding  the  definition   of  "manufacture"  and  the                                                               
expansion  of forfeiture  provisions,  and that  there should  be                                                               
changes  to other  statutes so  that written  order sales  to dry                                                               
towns and shipping plastic [bottles] by  air is banned.  The next                                                               
slide  he referred  to  and commented  on  offered the  following                                                               
recommendations:    require  hub   communities  to  have  alcohol                                                               
distribution  sites  -  this would  centralize  alcohol  tracking                                                               
efforts;  allow  the  Division   of  Juvenile  Justice  (DJJ)  to                                                               
delegate  authority to  tribes; permit  tribes to  participate in                                                               
juvenile  sentencing  and  treatment;  allow  relatives  to  take                                                               
foster children  at [a] standard  rate - this could  help address                                                               
villages'  disproportionate  per  capita  problems;  and  involve                                                               
tribes and allow flexibility in foster home licensing.                                                                          
                                                                                                                                
ACTING  ATTORNEY   GENERAL  COLBERG   attempted  to   assure  the                                                               
committee that  the [Commission] is  in no rush to  surrender the                                                               
state's  rights and  is  mindful  of the  issues  involved.   The                                                               
Commission hopes to have the time  and money to continue its work                                                               
to a  conclusion.  Although there  is a request into  Congress to                                                               
extend the  life of the  Commission, which is  due to run  out of                                                               
funds  within  a  month,  the  Commission  is  seeking  "stop-gap                                                               
funding" [from  the state] of  at least $50,000.   The Commission                                                               
is  very  close  to   making  substantive  contributions  towards                                                               
addressing  the four  underlying issues  that the  Commission was                                                               
created to address.                                                                                                             
                                                                                                                                
                                                                                                                                
MS.  BULLARD,  in  response  to   comments,  explained  that  the                                                               
Commission,  which is  funded completely  by Congress,  has spent                                                               
$272,000 annually.                                                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL surmised  that  the Commission's  funding                                                               
might ultimately become the state's burden.                                                                                     
                                                                                                                                
CHAIR FRENCH concurred.                                                                                                         
                                                                                                                                
MR.   BOTELHO,  in   response  to   a   question  regarding   the                                                               
Commission's  recommendation to  alter  statute  so that  written                                                               
order  sales   to  residents  of   dry  communities   is  banned,                                                               
acknowledged that several constitutional  issues still need to be                                                               
addressed.                                                                                                                      
                                                                                                                                
MS. BULLARD,  in response to comments  regarding the Commission's                                                               
recommendation  that   an  amendment  be  made   to  the  federal                                                               
telecommunications  Act   in  order  to   allow  access   to  the                                                               
connectivity of  the "tele-health system" in  rural Alaska, noted                                                               
that  currently   under  that   Act,  only   hospitals,  clinics,                                                               
libraries,  and  schools  [in  rural  Alaska]  are  eligible  for                                                               
subsidized rates; the Commission,  therefore, is petitioning U.S.                                                               
Senator Stevens to make changes  that would allow all entities in                                                               
rural  Alaska to  take advantage  of those  subsidized rates  and                                                               
that  would   provide  for   competition  amongst   providers  of                                                               
telecommunications services.                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business  before the committees, the joint                                                               
meeting  of the  House and  Senate Judiciary  Standing Committees                                                               
was adjourned at 3:03 p.m.                                                                                                      

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