Legislature(2009 - 2010)CAPITOL 120
01/26/2009 01:30 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Overview(s): Department of Public Safety | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
January 26, 2009
1:35 p.m.
MEMBERS PRESENT
Representative Jay Ramras, Chair
Representative Nancy Dahlstrom, Vice Chair
Representative John Coghill
Representative Carl Gatto
Representative Bob Lynn
Representative Max Gruenberg
Representative Lindsey Holmes
MEMBERS ABSENT
All members present
OTHER LEGISLATORS PRESENT
Senator Lesil McGuire (via teleconference)
COMMITTEE CALENDAR
OVERVIEW(S): DEPARTMENT OF PUBLIC SAFETY
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
JOSEPH A. MASTERS, Commissioner
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: As appointed commissioner of the Department
of Public Safety, presented the department's overview.
AUDIE HOLLOWAY, Colonel, Director
Central Office
Division of Alaska State Troopers
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Responded to a question and provided
comments during the overview of the Department of Public Safety.
SENATOR GENE THERRIAULT
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Asked questions during the overview of the
Department of Public Safety.
DAN SPENCER, Director
Central Office
Division of Administrative Services
Department of Public Safety (DPS)
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the overview
of the Department of Public Safety.
ORIN DYM, Crime Lab Supervisor
Scientific Crime Detection Laboratory
Office of the Commissioner
Department of Public Safety (DPS)
Anchorage, Alaska
POSITION STATEMENT: Provided comments and responded to
questions during the overview by the Department of Public
Safety.
ACTION NARRATIVE
1:35:44 PM
CHAIR JAY RAMRAS called the House Judiciary Standing Committee
meeting to order at 1:35 p.m. Representatives Ramras,
Dahlstrom, Coghill, Gatto, Lynn, and Holmes were present at the
call to order. Representative Gruenberg arrived as the meeting
was in progress. Senator McGuire (via teleconference) was also
in attendance.
^OVERVIEW(S): DEPARTMENT OF PUBLIC SAFETY
1:36:02 PM
CHAIR RAMRAS indicated that the only order of business would be
the overview by the Department of Public Safety (DPS).
1:39:21 PM
JOSEPH A. MASTERS, Commissioner, Department of Public Safety
(DPS), after providing the committee with a brief history of his
experience in the field of law enforcement and answering
questions specific to that experience, referred to a PowerPoint
presentation outlining aspects of the Department of Public
Safety. Information on page 2 of the PowerPoint presentation
highlights that the divisions within the DPS are the Division of
Administrative Services, the Division of Statewide Services, the
Division of Alaska State Troopers, the Division of Fire and Life
Safety, and the Division of Alaska Wildlife Troopers. The DPS
is also responsible for the Alaska Fire Standards Council, the
Alcoholic Beverage Control Board ("ABC Board"), the Alaska
Police Standards Council (APSC), and the Council on Domestic
Violence and Sexual Assault (CDVSA).
COMMISSIONER MASTERS, referring to page 3 of the PowerPoint
presentation, noted that in 2008, the Division of Alaska State
Troopers was able to respond to 119,217 calls for service, about
10 percent of which resulted in criminal cases that were
referred for prosecution. In 2008, the division was responsible
for 13 homicide investigations, all of which have been closed as
solved. In response to a question, he agreed to provide the
committee with the percentage of those homicides that were
domestic violence (DV) related. In answer to other questions,
he indicated that the aforementioned responses to calls for
service don't include actions taken by the "judicial services
unit" but do include calls responded to by Village Public Safety
Officers (VPSOs), and acknowledged that sometimes logistical
difficulties can and have resulted in delays in VPSO responses
in rural areas of the state.
REPRESENTATIVE GRUENBERG expressed interest in learning about
any problems the DPS is experiencing - particularly problems
with providing adequate service in rural areas.
1:51:53 PM
COMMISSIONER MASTERS, continuing with his presentation, relayed
that the Division of Alaska State Troopers assists other law
enforcement agencies with their ongoing homicide investigations;
and that the division's "cold case unit" has 72 open cases, has
closed 29 cases, and has four investigators. In general,
although it appears that the number of marijuana grow operations
and methamphetamine laboratories in Alaska is declining, that
doesn't necessarily mean that the state's marijuana and
methamphetamine problems are as well; furthermore, there appears
to be an increase in cases involving heroin, OxyContin - and
other prescription medications - and drug importation.
CHAIR RAMRAS expressed interest in learning more about the
department's importation interdiction efforts, particularly
those related to the importation of drugs and alcohol into rural
areas of the state.
COMMISSIONER MASTERS noted that in 2008, the Division of Alaska
State Troopers' Alaska Bureau of Alcohol and Drug Enforcement
("ABADE") seized $19 million worth of drugs, and that alcohol
importation arrests have increased to 291 - an increase of over
30 percent from 2007.
CHAIR RAMRAS expressed interest in learning whether that
increase in arrests is due to heightened enforcement efforts, or
[recent] statutory changes.
COMMISSIONER MASTERS relayed that in 2008, the Division of
Alaska State Troopers responded to 337 sexual assault cases and
375 sexual abuse of a minor cases. Such crimes, although not
occurring as frequently as in past years, continue to be a
problem throughout Alaska, particularly in the Bethel region.
1:55:54 PM
AUDIE HOLLOWAY, Colonel, Director, Central Office, Division of
Alaska State Troopers, Department of Public Safety (DPS), in
response to a question, offered his understanding that not all
instances of sexual assault or sexual abuse of a minor are being
addressed, and said he is reluctant to guess what percentage of
such cases are.
CHAIR RAMRAS recalled that a former deputy attorney general with
the Department of Law had once testified that for each sexual
abuse of minor case that comes to light, there are 100 other
instances of sexual abuse of a minor occurring. He relayed that
the committee is very interested in doing what it can to assist
the DPS in combating this "epidemic."
COMMISSIONER MASTERS, returning attention to his presentation,
relayed that [67,750] prisoners required transportation, which
is handled primarily by the judicial services unit and the
Division of Alaska State Troopers. Recently the department has
reallocated resources so as to create seven new court services
officer (CSO) positions, and this should alleviate some of the
workload concerns experienced by troopers in rural areas of the
state. He explained that the division conducted 740 search and
rescue (SAR) operations, resulting in 289 [saved lives]. In
2008, he relayed, there were 62 highway fatalities, 19 of which
were alcohol-related, adding that this is a reduction from
previous years. There are currently two designated highway
safety corridors in Alaska; he offered his understanding that
the Department of Transportation & Public Facilities (DOT&PF) is
in favor of designating three or four more highway areas as such
as well but is concerned about a possible lack of dedicated
enforcement resources.
COMMISSIONER MASTERS indicated that over the last several years,
filling vacancies has been problematic for the department, and
that the department's ability to provide adequate service is
dependent upon having adequate staff, as is the department's
ability to determine possible future staffing needs; currently,
the Division of Alaska State Troopers has 22 positions vacant,
the Division of Alaska Wildlife Troopers has 5 positions vacant,
and there are 12 CSO positions vacant. He assured the committee
that recruitment has been a top priority for both himself and
the department, adding that he is hopeful that by fiscal year
(FY) 2010, the department will have all its vacancies filled.
2:03:39 PM
COMMISSIONER MASTERS, referring to page 4 of the PowerPoint
presentation, explained that the Village Public Safety Officer
(VPSO) program continues to be a major priority for the
department, surmising that a [recent] raise in the VPSO
program's pay structure has been partially responsible for
alleviating high turnover rates - helping with both retention
and recruitment. The department is continuing to apply for and
administer federal grants that support its efforts in rural
areas of the state, particularly with the regard to equipment,
supplies, and training. In addition to the pay structure, other
issues that affect turnover rates in the VPSO program are
support by the community and support by the Division of Alaska
State Trooper, and the department is working to address the
latter issue. Last year, the number of trooper [oversight]
visits to communities served by VPSOs was 2,340. He indicated
that funding in FY 2010 will allow for 60 VPSO positions to be
filled, and that once the current students at the academy
qualify to be VPSOs, 51 of those 60 positions will be filled.
COMMISSIONER MASTERS explained that after additional training
with regard to domestic violence, [sexual assault,] and driving
under the influence crimes was provided to VPSOs, the number of
[DV and sexual assault] arrests in 2008 totaled 238 - an
increase of 51 percent from the previous year - and the number
of driving under the influence (DUI) arrests totaled 57 - an
increase of 63 percent from the previous year. The department
has also entered into a Reimbursable Services Agreement (RSA)
with the Department of Corrections (DOC) to administer probation
and parole services, and this allows the DOC to release
probationers and parolees back into their communities, under the
supervision of VPSOs; funding associated with that RSA has been
used to augment VPSO salaries. Furthermore, about 20 VPSOs have
received Drug Abuse Resistance Education (D.A.R.E.) training,
though this involved having to receive a waiver of some the
D.A.R.E. program requirements.
2:08:58 PM
SENATOR GENE THERRIAULT, Alaska State Legislature, questioned
what the [administrative funding] mechanism is for individual
VPSO contracts.
COMMISSIONER MASTERS explained that such funding is presented as
a budget line item to the DPS, and is then administered to the
appropriate nonprofit corporation, of which there are 10.
2:09:48 PM
DAN SPENCER, Director, Central Office, Division of
Administrative Services, Department of Public Safety (DPS),
added that each of the contracts with those nonprofit
corporations has an overhead rate, which is typically the
federally recognized indirect rate for the particular nonprofit
corporation. In response to another question, he indicated that
in the past, the administrative costs constituted as much as 30
percent of the funding, and that efforts have been made to
reduce that percentage.
COMMISSIONER MASTERS, in response to a question, added that once
a VPSO is hired, he/she is put to work almost immediately and
then enters into the academy and receives [further] training
once the academy begins its yearly program. In response to
other questions, he indicated that he would provide the
committee with further statistics regarding academy turnover and
completion rates for both VPSOs and troopers.
COMMISSIONER MASTERS, turning attention to page 5 of the
PowerPoint presentation, relayed that in 2008, the Division of
Alaska Wildlife Troopers had 58,584 resource user contacts, up
from the previous year, and that the violation to contact rate
was 8.5 percent, down from the previous year. Over the last
couple of years, the division has addressed instances of
recreational boater safety; the number of recreational boater
deaths declined from 17 in 2007, to 12 in 2008, and this can be
attributed to combined efforts by the DPS, the U.S. Coast Guard,
and the Department of Natural Resources (DNR). He offered his
hope that that number will continue to decline as division
contacts increase. The division is continuing cooperative
relationships with the U.S. Fish and Wildlife Service (USFWS)
and the National Marine Fisheries Service (NMFS); an ongoing
joint enforcement agreement between the department and the NMFS
has allowed the department to continue patrols of fisheries it
might not otherwise be able to conduct.
COMMISSIONER MASTERS, in response to a question, relayed that
the department concentrates on state violations, whereas the
NMFS and the USFWS concentrate on federal violations; in the
case of duel fisheries, the department is able to take care of
state violations and alert the federal organizations of possible
concurrent federal violations. In response to other questions,
he indicated that the department's patrol vessels are primarily
used for fisheries patrols, though they could be diverted for
SAR efforts, and that those vessels generally have a fuel
capacity that allows for continued operation for several weeks.
COMMISSIONER MASTERS explained that the Division of Alaska
Wildlife Troopers will continue to focus on wild stock
protection; that the area of computer forensics will be growing
because more users are employing computers in the commission of
their crimes; and that one challenge faced by the division
pertains to the relative inexperience of its troopers. Although
training and the passage of time can in part address that latter
issue, the Division of Wildlife Troopers is also looking at ways
to attract experienced personnel.
COMMISSIONER MASTERS, referring to page 6 of the PowerPoint
presentation, relayed that the Division of Fire and Life Safety
is commonly known as the office of the [state] fire marshal.
There were 24 fire-related deaths in 2007 but only 19 in 2008.
In 2008, the division conducted 1,543 inspections - a 143
percent increase from 2007 - found a compliance rate of 35
percent, and conducted 1024 "plan reviews." Currently there are
11 deferred jurisdictions that have the ability to conduct their
own inspections and plan reviews under the direction and
oversight of the division, and the division has recently
instituted an audit program that allows for an audit every two
years.
COMMISSIONER MASTERS relayed that the Division of Fire and Life
Safety is creating an online plan review process - which should
help speed up the existing plan review process - and will be
conducting the second annual Fire and Building Officials Forum
in April 2009. He indicated that in 2008, the division unveiled
an interactive, computerized, fire- safety game for kids, called
Raven Island. He also indicated that within the division there
is an "Office of Oil & Gas Systems and Facilities," and this
office will be expanded so as to be able to do plan reviews and
inspections for all [of the state's] pipelines.
2:22:57 PM
COMMISSIONER MASTERS, referring to page 7 of the PowerPoint
presentation, relayed that the Division of Statewide Services
maintains the Alaska Public Safety Information Network (APSIN),
which is in it's final development stage, and is also
concentrating on information technology development for use by
troopers, particularly with regard to continuing the deployment
of mobile data terminals, in-car video, and a records management
system - which will be tied into the Alaska Law Enforcement
Information Sharing System (ALEISS). The issues of digital
network storage and migrating to these new technologies will be
challenging for the division. He noted that there are currently
2,458 registered sex offenders listed online, though 107 of them
are noncompliant.
COMMISSIONER MASTERS, in response to a question, offered his
understanding that noncompliance with sex-offender registry
requirements warrants an additional misdemeanor charge, and
acknowledged that identifying, tracking, and following up on
noncompliant sex offenders has been a challenge for the
department, particularly given its current lack of resources.
He then went on to explain that there are currently 7,802 active
concealed handgun permits, and that last year the division
processed 60,443 fingerprint cards - 26,877 of which are
"criminal cards" - via the Automated Fingerprint Identification
System (AFIS).
COMMISSIONER MASTERS, referring to page 8 of the PowerPoint
presentation, offered that the Office of the Commissioner has
purview over the Alaska Fire Standards Council; the Alcoholic
Beverage Control Board ("ABC Board"); the Alaska Police
Standards Council (APSC); the Council on Domestic Violence and
Sexual Assault (CDVSA); and the Scientific Crime Detection
Laboratory. Furthermore, the DPS is in the process of creating
a new unit under the Office of the Commissioner called the
Office of Professional Standards; this new unit will deal
specifically with all internal investigations and complaints
pertaining to any of the units/divisions/personnel of the DPS.
In response to questions, he acknowledged that the details of
how the unit will function, what the complaint process will be,
and what follow-up steps will be taken with complainants are
still being developed. In response to a request, he indicated
that he would provide the committee with that information once
it is known.
COMMISSIONER MASTERS then relayed that the Alaska Police
Standards Council (APSC) has been expanded by two members in
order to incorporate "line officers," and will now accept VPSO
training towards basic certification. Through the Alaska Fire
Standards Council, training and certification has been offered
to 6,100 career firefighters and volunteers [to date]. The
Council on Domestic Violence and Sexual Assault (CDVSA) is
currently funding 24 victim service programs across Alaska, and
about 8,000 victims have been served; has funded 77 domestic
violence and sexual assault training sessions for law
enforcement, [victim] advocates, prosecutors, first responders,
and court personnel, and focus on this type of training will
continue for FY 2010; and is focusing on strategic planning so
as to boost prevention activities at the local and state levels.
COMMISSIONER MASTERS relayed that the Alcoholic Beverage Control
Board ("ABC Board") now has a new director, Shirley Gifford - a
former chief of police of the Soldotna Police Department, and a
former ABC Board member. Furthermore, the short-term non-
permanent investigator position within the ABC Board has
recently been upgraded to a permanent full time investigator
position.
2:35:08 PM
COMMISSIONER MASTERS, referring to page 9 of the PowerPoint
presentation, relayed that last year the Scientific Crime
Detection Laboratory received 4,500 cases for analysis, and was
able to complete analysis on 78 percent of those cases in 30
days or less; currently, however, there is a backlog of about
600 cases. The Scientific Crime Detection Laboratory is now
again able to conduct fire debris analysis - arson analysis.
These achievements are [partially] the result of all 10
laboratory vacancies having been filled; the lab is now fully
staffed for the first time since 2002, though there will be some
challenge training and certifying those new employees. The
Combined DNA Index System (CODIS), however, has a samples
backlog of 6,000, and so it may be July 2009 before the lab gets
caught up with processing those samples. The Scientific Crime
Detection Laboratory has successfully renewed its accreditation,
he relayed, and characterized the lab as one of the finest in
the country. He acknowledged, however, that there are still
challenges to be faced, such as those related to a lack of
adequate space; for example, the lab was built in 1988 and
designed to accommodate 23 scientists, but there are currently
40 scientists operating within it.
COMMISSIONER MASTERS, referring to page 10 of the PowerPoint
presentation, said that deoxyribonucleic acid (DNA) [analysis]
is the fastest advancing forensic science within the law
enforcement community. New DNA analysis techniques, in addition
to being more reliable and more detailed, have resulted in a 30
percent increase in the solving of property crimes, have helped
solve "cold cases," and have helped exonerate the innocent.
2:40:15 PM
ORIN DYM, Crime Lab Supervisor, Scientific Crime Detection
Laboratory, Office of the Commissioner, Department of Public
Safety (DPS), added that the lab is trying very hard to stay up
with advances in the field of DNA analysis, such as advances
pertaining to y-STR, Mitochondrial DNA, and "low copy" DNA. He
explained that y-STR is specific to males, and analysis of y-STR
can be used when the material in a sample comes from both a male
and a female or from more than one male; that analysis of
Mitochondrial DNA can be used when "normal" DNA analysis is not
possible - for example, when testing a hair that doesn't contain
a root; and that low copy DNA is "low count" DNA. These types
of advancing techniques open up new opportunities for solving
old cases. He opined that as the Scientific Crime Detection
Laboratory becomes more efficient, the more efficient law
enforcement personnel can be at their jobs. Currently, however,
the existing lab facility is not capable of supporting the
analysis of low copy DNA or Mitochondrial DNA.
MR. DYM, in response to a question, explained that the
Scientific Crime Detection Laboratory is currently processing
all its samples in house. The outsourcing of samples was
attempted last April but this resulted in 13 instances of sample
contamination because outside vendors don't have the same high
standards as the Scientific Crime Detection Laboratory.
COMMISSIONER MASTERS, on the issue of a proposed new Scientific
Crime Detection Laboratory, relayed that the DPS is very close
to reaching an agreement with the Municipality of Anchorage
(MOA) regarding a land lease. Also, both the "scope" and the
"design" of the proposed new facility are under third-party
review to determine whether the assumptions pertaining to the
state's needs and the capability of the proposed lab are
correct. He said he anticipates that that "validation" review
will be completed by the end of January, and will then be
provided to the legislature for review.
COMMISSIONER MASTERS, in response to a question about
information provided on page 3 of the PowerPoint presentation,
offered his belief that statutory changes made over the last few
years have contributed to the reduction in methamphetamine
laboratories in Alaska; however, importation of methamphetamine
is still a problem.
COLONEL HOLLOWAY added that the Division of Alaska State
Troopers is currently unable to devote as much time on
interdiction efforts as it would like to because of a lack of
personnel.
REPRESENTATIVE COGHILL - on the issue of increased DUI, domestic
violence, and [sexual] assault arrests by VPSOs - expressed
interest in learning whether those arrests are being overturned
in court due to a lack of resources.
CHAIR RAMRAS asked whether any specific efforts are being made
to address the issue of drug and alcohol importation into rural
communities.
COMMISSIONER MASTERS said that the department is considering two
initiatives to address that point, and one initiative involves
the U.S. Postal Service in that a number of troopers have been
"cross deputized" as U.S. postal inspectors, thus increasing
their ability to interdict substances being imported via the
U.S. Postal Service.
CHAIR RAMRAS encouraged the department to continue its
interdiction efforts.
COMMISSIONER MASTERS, on the issue of problems the DPS is
experiencing, said that having insufficient resources continues
to be a problem, and that that very lack creates difficulty in
determining what the exact size and scope of the problem really
is. He predicted that once the aforementioned vacancies are
filled, the department will have an increased ability to
pinpoint exactly what more is needed to continue rectifying any
remaining problem. He indicated that initiatives, particularly
as they pertain to advancing technologies and information
sharing, are being undertaken and will improve productivity, and
suggested that conducting a good, quality, needs assessment of
the DPS in the near future could be of benefit.
2:55:27 PM
COMMISSIONER MASTERS, in response to a question, explained that
all of the department's "commission" positions - such as trooper
positions and CSO positions - have been exempted from the
governor's recently-announced hiring freeze. In response to
other questions, he surmised that the number of VPSOs seeking
advancement is a very small, and that stationing troopers in
Alaska's rural villages would cost considerably more then making
use of VPSOs and only transporting troopers out to the villages
several times a month as oversight is needed. In response to a
further question, he explained that once a trooper is assigned
to a location, he/she is generally required to stay there for
three or four years, and so turnover in that regard is very
small.
CHAIR RAMRAS asked what percentage of DPS personnel seek
employment with other law enforcement agencies, and why they do
so.
COMMISSIONER MASTERS offered his belief that the number of
troopers going to work for other law enforcement agencies has
decreased over the last couple of years, and the department is
doing things internally to further reduce such turnover. He
offered to provide the committee with more information on that
point. In response to another question, he said that if DNA
[analysis] is to continue and continue to improve, a new
Scientific Crime Detection Laboratory is needed. He mentioned
that cases from the Anchorage Police Department (APD) account
for more than 60 percent of the lab's volume, and therefore the
APD has a vested interest in the lab's ability to provide
services and in the type of services the lab can provide. The
aforementioned validation review will answer some questions such
as whether the proposed laboratory design is reasonable.
CHAIR RAMRAS asked whether, if the state institutes a death
penalty, any mandatory post-conviction DNA testing would place
an additional burden on the Scientific Crime Detection
Laboratory.
MR. DYM said he would anticipate that there wouldn't be more
than 12 [requests for post-conviction DNA testing per year], and
therefore wouldn't place a burden on the lab.
CHAIR RAMRAS asked whether the department would favor mandatory
post-conviction DNA testing if a death penalty were imposed.
COMMISSIONER MASTERS asked to delay answering that question
until he's had a chance to conduct further research.
3:05:54 PM
REPRESENTATIVE GRUENBERG asked why the legislature should
support an upgraded or expanded Scientific Crime Detection
Laboratory.
COMMISSIONER MASTERS indicated that in addition to improving
future DNA analyses, the current facility doesn't have adequate
space, either for analysis purposes or for the storage of
evidence.
REPRESENTATIVE DAHLSTROM asked why the Bethel region is
experiencing high volumes of sexual assault crimes and sexual
abuse of a minor crimes.
COMMISSIONER MASTERS surmised that there are likely many
different factors contributing to the higher volumes; for
example, there could be more reporting of such crimes in that
region, and the fact that Bethel is "damp" while a number of
surrounding villages are "dry" could be a factor as well.
CHAIR RAMRAS expressed appreciation for the department's efforts
with regard to capturing sexual predators. He then asked what
the DPS's top three priorities are.
COMMISSIONER MASTERS answered that the department's top three
priorities include improving the service it provides - which
means filling vacancies, putting resources where most needed,
and taking advantage of advances in technology; obtaining
adequate facilities and equipment; and continuing to work with
other agencies and fostering relationships with them so as to be
more effective.
3:10:57 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:10 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| Joint House and Senate Judiciary DPS Overview(1 26 09) (final).ppt |
HJUD 1/26/2009 1:30:00 PM |