Legislature(2009 - 2010)CAPITOL 120

01/30/2009 01:00 PM House JUDICIARY


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01:44:24 PM Start
01:44:46 PM Overview(s): Department of Corrections
03:15:01 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Meeting Delayed to 1:30 pm --
+ Overview: Dept. of Corrections by TELECONFERENCED
Deputy Commissioner of Operations,
Sam Edwards
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                        January 30, 2009                                                                                        
                           1:44 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                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  DEPARTMENT OF CORRECTIONS                                                                                         
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SAMUEL EDWARDS, Deputy Commissioner                                                                                             
Office of the Commissioner - Anchorage                                                                                          
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  Provided an overview of the Department of                                                                
Corrections (DOC).                                                                                                              
                                                                                                                                
BRYAN BRANDENBURG, Deputy Director                                                                                              
Division of Institutions                                                                                                        
Department of Corrections (DOC)                                                                                                 
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During overview of the Department of                                                                     
Corrections, answered questions.                                                                                                
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:44:24 PM                                                                                                                    
                                                                                                                                
CHAIR JAY  RAMRAS called the  House Judiciary  Standing Committee                                                             
meeting to  order at  1:44 p.m.   Representatives  Ramras, Gatto,                                                               
Holmes,  and  Coghill   were  present  at  the   call  to  order.                                                               
Representatives  Lynn, Gruenberg,  and Dahlstrom  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
^OVERVIEW(S):  DEPARTMENT OF CORRECTIONS                                                                                      
                                                                                                                                
1:44:46 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS indicated  that the only order of  business would be                                                               
the overview  by the  Department of Corrections  (DOC).   He then                                                               
made  note of  the  decline in  the  incarcerated population  and                                                               
applauded all arms of DOC,  law enforcement, and the court system                                                               
for that decline.                                                                                                               
                                                                                                                                
1:45:50 PM                                                                                                                    
                                                                                                                                
SAMUEL EDWARDS,  Deputy Commissioner, Office of  the Commissioner                                                               
- Anchorage,  Department of Corrections  (DOC), relayed  that his                                                               
overview will  compare where DOC was  in the past to  where it is                                                               
today.   In January 2007,  the mission  statement for DOC  was to                                                               
protect the  public by  incarcerating and  supervising prisoners.                                                               
However,  that  mission  statement  has  since  been  altered  to                                                               
specify  that  DOC  seeks  to  enhance  the  safety  of  Alaska's                                                               
communities,  provide secure  confinement, reformative  programs,                                                               
and  a  process  of  supervised  community  reintegration.    The                                                               
aforementioned change in the mission  statement was an attempt to                                                               
address  the  department's  largest   problem,  recidivism.    He                                                               
related that DOC  has been a relatively  stable department, staff                                                               
wise, in the first two years [of the Palin Administration].                                                                     
                                                                                                                                
MR. EDWARDS  highlighted that  Alaska is one  of only  six states                                                               
that is unified, which means that  DOC operates the jails and the                                                               
prisons.   Nationwide,  most  corrections  departments deal  with                                                               
sentenced felons in a prison environment.   In state there are 12                                                               
correctional  institutions with  a total  population capacity  of                                                               
3,604  general  beds  and  3,715  maximum  capacity  beds.    The                                                               
aforementioned represents actual  beds and is an  increase of 500                                                               
beds  from what  was  reported  to the  committee  [in the  prior                                                               
administration].   Approximately, 130 of  those beds  are located                                                               
in the gymnasium in Fairbanks and the Anchorage Complex West.                                                                   
                                                                                                                                
1:50:02 PM                                                                                                                    
                                                                                                                                
MR.  EDWARDS  clarified  that  when  [the  Palin  Administration]                                                               
arrived the population in the  institutions was at 108 percent of                                                               
capacity and was as high as 117  percent at one point.  Using the                                                               
old  [bed]  numbers,  today  [the population]  would  be  at  102                                                               
percent  [of capacity].    However, under  the  new numbers  [the                                                               
population]  is at  93 percent  of capacity.   Although  it might                                                               
sound as though there are  extra beds in the institutions, that's                                                               
not  the  case.   He  acknowledged  that  there  are a  few  beds                                                               
available in all the facilities.                                                                                                
                                                                                                                                
1:51:14 PM                                                                                                                    
                                                                                                                                
[Members  briefly  listed  the  DOC  facilities  they've  had  an                                                               
opportunity to tour.]                                                                                                           
                                                                                                                                
CHAIR RAMRAS  inquired as to how  DOC counts beds and  heads in a                                                               
typical correctional  facility, such  as the  Fairbanks gymnasium                                                               
that has 90 temporary beds, "boats."                                                                                            
                                                                                                                                
1:53:41 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS explained  that prior to January  2007, in Fairbanks,                                                               
the   department  counted   the  design-capacity   beds  in   the                                                               
institution  without counting  the beds  in the  gymnasium for  a                                                               
total  of  226  beds.    Under  the  [Palin  Administration]  the                                                               
existing  90 beds  in  the  gymnasium were  counted  as over  the                                                               
operational capacity of  the institution.  He  explained that DOC                                                               
then counted all real beds,  not "boats," but that still included                                                               
two gymnasiums.   One  of those gymnasiums  was in  Fairbanks and                                                               
accounted  for 90  beds, which  was added  to the  aforementioned                                                               
capacity.  When  those 90 beds are removed from  the count, which                                                               
is the intention  within the next couple of  months, the capacity                                                               
in Fairbanks will  be reduced by 90.  Mr.  Edwards specified that                                                               
every real bed in any of the  12 facilities was added and is part                                                               
of the capacity  of the institution.   Therefore, when department                                                               
staff  say, "We're  at 100  percent  departmentally." that  means                                                               
there  is a  real  bed  for every  person  in those  institutions                                                               
without those people being placed in a "boat."                                                                                  
                                                                                                                                
1:55:37 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS, in response to  Chair Ramras, clarified that the 108                                                               
percent was  departmentwide, and  therefore Fairbanks  would have                                                               
to be reviewed individually with regard to its excess capacity.                                                                 
                                                                                                                                
CHAIR RAMRAS surmised, then, that  the current 93 percent doesn't                                                               
include the  temporary bed  facilities.   Therefore, it's  been a                                                               
significant real reduction.                                                                                                     
                                                                                                                                
MR. EDWARDS replied yes.                                                                                                        
                                                                                                                                
1:56:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO questioned whether  a facility can "cap out"                                                               
its  space  because  there  isn't  enough  kitchen  space  or  is                                                               
capacity always defined by where a bed can be placed.                                                                           
                                                                                                                                
MR. EDWARDS confirmed  that facilities can "cap  out" because the                                                               
kitchen, medical, maintenance, or  laundry facility isn't able to                                                               
support more people not because there isn't more space for beds.                                                                
                                                                                                                                
REPRESENTATIVE GATTO interjected that  the capacity of fire exits                                                               
could also be a limitation.                                                                                                     
                                                                                                                                
MR. EDWARDS concurred, adding that  there are also limits related                                                               
to personal space  as well as ratios at which  it isn't efficient                                                               
or  safe  to operate.    In  further response  to  Representative                                                               
Gatto,  Mr.  Edwards  explained that  the  American  Correctional                                                               
Association  accreditation process  specifies how  much space  is                                                               
necessary  for  various things  such  as  per prisoner,  plumbing                                                               
fixtures, day room space, and etcetera.                                                                                         
                                                                                                                                
1:58:51 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS turned attention to  the Anchorage Complex, which has                                                               
a design  capacity of 852,  although it has  consistently reached                                                               
to 1,000  in the past.   However, today the Anchorage  Complex is                                                               
15  beds under  its capacity.    The aforementioned  was a  major                                                               
accomplishment as  it evaluated  that situation and  moved people                                                               
to balance institutions.                                                                                                        
                                                                                                                                
2:00:02 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  asked Mr. Edwards  to comment about what  occurs to                                                               
those who are incarcerated and  the corrections officers when the                                                               
facility populations are better managed.                                                                                        
                                                                                                                                
REPRESENTATIVE COGHILL then  asked to hear about  the movement of                                                               
prisoners, noting that a pre-trial  facility has a very different                                                               
movement of prisoners than do other facilities.                                                                                 
                                                                                                                                
2:01:14 PM                                                                                                                    
                                                                                                                                
MR.  EDWARDS   surmised  that   in  any   correctional  facility,                                                               
regardless of whether it is  a pre-trial or sentence facility, as                                                               
long as there is sufficient  room for prisoners to [have adequate                                                               
personal  space] and  common space  for  various activities,  the                                                               
more relaxed  the population.   The more crowded a  facility, the                                                               
more tense  the atmosphere.   The  aforementioned applies  to the                                                               
staff as well.   Mr. Edwards explained that DOC  has attempted to                                                               
gain more space  by moving people from the  Anchorage Complex who                                                               
are pre-trial  and place them  in an in-take facility.   However,                                                               
when capacity in  an in-take facility is exceeded,  those who are                                                               
of less  risk or have  court dates  in the future  are identified                                                               
and  moved to  another facility  in  order to  not overcrowd  the                                                               
Anchorage  Complex.    Mr.  Edwards   then  mentioned  that  more                                                               
correctional  officers, a  total of  769,  are on  staff plus  11                                                               
staff with start dates in the  first part of February, which will                                                               
then bring the total to 780.                                                                                                    
                                                                                                                                
2:04:12 PM                                                                                                                    
                                                                                                                                
MR.  EDWARDS,  in  response  to   Chair  Ramras,  clarified  that                                                               
correctional officers and probation  officers are not included in                                                               
the hiring freeze announced by  the administration.  He confirmed                                                               
that the  aforementioned means  that if  employees are  lost, the                                                               
department can recruit and replace those employees.                                                                             
                                                                                                                                
REPRESENTATIVE COGHILL  noted that one  issue that has  arisen in                                                               
the past  is in regard  to how to  allow prisons that  don't have                                                               
pre-trial  [capabilities] to  continue  a  contiguous program  of                                                               
recovery.   He surmised  that when capacity  is reached  and pre-                                                               
trial individuals  are brought in  another morale issue  with the                                                               
inmates and the officers occurs.   He asked if the aforementioned                                                               
is a correct assumption.   He also asked if there  is some way to                                                               
work with the aforementioned situation.                                                                                         
                                                                                                                                
MR.  EDWARDS concurred  that when  a short-term  person is  moved                                                               
into a  long-term sentence facility, that  pre-trial person isn't                                                               
settled.   Therefore,  pre-trial individuals  aren't able  to get                                                               
involved in  any long-term  program that may  be available.   For                                                               
the  long-term prisoners  in the  facility, they  have to  become                                                               
accustomed to those  who are coming and going.   That's certainly                                                               
disruptive, he remarked.                                                                                                        
                                                                                                                                
REPRESENTATIVE COGHILL  related his understanding  that long-term                                                               
prisoners would  be bumped throughout  the state due  to crowding                                                               
related   to  pre-trial   individuals.     He  recalled   hearing                                                               
complaints  that  those  [long-term   prisoners  who  are  bumped                                                               
throughout  the  state] aren't  able  to  complete programs  that                                                               
would've provided them credit on their sentence for good time.                                                                  
                                                                                                                                
2:06:47 PM                                                                                                                    
                                                                                                                                
BRYAN  BRANDENBURG, Deputy  Director,  Division of  Institutions,                                                               
Department  of Corrections  (DOC), said  Representative Coghill's                                                               
understanding has  been true in  the past.   However, due  to the                                                               
current  administration,  and  in   part  thanks  to  legislative                                                               
funding,  there will  be  five  different short-term  three-month                                                               
long intensive  outpatient substance  abuse programs in  place by                                                               
the end of  February.  The aforementioned programs  are level two                                                               
programs, which  meet court requirements.   He noted  that within                                                               
[the  aforementioned programs]  there is  a court-approved  anger                                                               
management program.  Those programs along with existing long-                                                                   
term level  three programs  would seem  to allow  the opportunity                                                               
for  more of  the state's  inmates to  complete and  obtain [good                                                               
time] credit from those programs.                                                                                               
                                                                                                                                
CHAIR  RAMRAS  recalled reading  in  a  Fairbanks newspaper  that                                                               
because of  overcrowding the prison  chapel had been  moved, made                                                               
smaller.  He  expressed the importance of the option  of a faith-                                                               
based program for inmates.   Chair Ramras then recalled a meeting                                                               
in Fairbanks  with some  Alaska Natives  who were  very concerned                                                               
with regard to cultural events  and the ability to receive unique                                                               
cultural  foods  in  the prisons,  particularly  in  the  Arizona                                                               
prison.      He   requested  that   Mr.   Edwards   address   the                                                               
aforementioned at the appropriate time.                                                                                         
                                                                                                                                
2:10:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES   requested  an  update  on   the  use  of                                                               
electronic  monitoring devices  and whether  that's helping  with                                                               
the overcrowding issue.                                                                                                         
                                                                                                                                
MR. EDWARDS recalled that in  January 2007, electronic monitoring                                                               
numbers statewide  totaled about 194.   Within the first  year of                                                               
the  administration,   the  staff  involved  in   the  electronic                                                               
monitoring program  was evaluated, specifically in  the Anchorage                                                               
area.   He  further recalled  that there  were five  correctional                                                               
officers in addition to the  compliment of probation officers who                                                               
staffed that  unit.  The  correctional officers were on  loan, so                                                               
to  speak, from  the [Anchorage]  Correctional Complex.   At  the                                                               
time the  [Anchorage] Correctional  Complex was  understaffed and                                                               
using  a lot  of overtime.   The  [five correctional  officers on                                                               
loan]  were returned  to  the  [Anchorage Correctional  Complex],                                                               
after  which  there  was  a  corresponding drop  in  the  use  of                                                               
electronic monitoring for months.   The department sought answers                                                               
from the  electronic monitoring  staff with  regard to  why there                                                               
was a drop in use and how use could be increased.                                                                               
                                                                                                                                
MR. EDWARDS then reminded members that  House Bill 90 also had an                                                               
impact on  the use  of electronic  monitoring because  those [not                                                               
using electronic  monitoring] who serve  time in a  halfway house                                                               
or some  other 24-hour  facility receive good  time for  the time                                                               
served.  However, those who  used electronic monitoring would not                                                               
receive good time for the time  served.  Still, some were willing                                                               
to use  electronic monitoring  because they  could live  at home,                                                               
and there was practically no  disruption of work and family life.                                                               
The use of  electronic monitoring today totals  184-200, which is                                                               
close to the level prior to the aforementioned two occurrences.                                                                 
                                                                                                                                
2:14:15 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS questioned  whether gang  activity is  occurring in                                                               
DOC  facilities.   He  then requested  that  Mr. Edwards  discuss                                                               
drugs and  contraband inside  the facilities as  well as  what it                                                               
would  mean to  offer  death row  accommodations.   Chair  Ramras                                                               
informed  everyone that  the House  Judiciary Standing  Committee                                                               
would   introduce   legislation  regarding   obscuring   personal                                                               
information,  including correctional  officers' home  address, in                                                               
an  attempt  to  provide  an   additional  layer  of  safety  for                                                               
correctional officers.                                                                                                          
                                                                                                                                
2:15:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   DAHLSTROM    inquired   as   to    whether   the                                                               
accreditation  standards,  space  and activities,  are  different                                                               
depending upon the prisoner's sentence.                                                                                         
                                                                                                                                
CHAIR RAMRAS relayed  that the committee is  mainly interested in                                                               
the policies  held by  DOC rather  than a  statistical inventory.                                                               
The  committee, he  said,  is interested  in what  it  can do  to                                                               
enhance the department's policy initiatives.                                                                                    
                                                                                                                                
REPRESENTATIVE LYNN  interjected interest  in hearing  any change                                                               
in policy suggestions that might  help the department address any                                                               
problems.                                                                                                                       
                                                                                                                                
REPRESENTATIVE GATTO asked whether  the Arizona prison population                                                               
is included in Mr. Edward's statistics.                                                                                         
                                                                                                                                
MR. EDWARDS  said that Arizona's population  figures are included                                                               
in the overall  counts of things such as  furlough, halfway house                                                               
participation,  and recidivism.    However, Arizona's  population                                                               
figures wouldn't  be included in  the capacity percentages.   Any                                                               
statistics  regarding programming  or  supervision once  [inmates                                                               
are] released  is the same  for Arizona's population as  that for                                                               
the population in Alaska.                                                                                                       
                                                                                                                                
2:19:12 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS, continuing his  presentation, informed the committee                                                               
that DOC has  received authority and funding  for three temporary                                                               
houses in the Palmer Correctional Center.   Those were to have 19                                                               
beds each.   All are completed  and the third house  will come on                                                               
line  February   1,  2009.     The  aforementioned   provides  an                                                               
additional 57 [beds].   In Fairbanks, space  was reconfigured and                                                               
ultimately  will provide  38 more  beds  that should  be on  line                                                               
within the next  two months.  He highlighted  that the additional                                                               
beds in  Anchorage will be  permanent beds that won't  be removed                                                               
at a later date.                                                                                                                
                                                                                                                                
MR. EDWARDS  remarked that the  institutions receive most  of the                                                               
attention because those  are the 24-hour facilities  to which the                                                               
majority of  the budget is  directed.   He then noted  that there                                                               
has been  significant interest in  the Division of  Probation and                                                               
Parole,  which has  historically  experienced difficulty  filling                                                               
all  the probation  officer vacancies.   However,  at this  point                                                               
every probation officer position in  the division has been filled                                                               
with the funding available.                                                                                                     
                                                                                                                                
2:21:28 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS relayed that there  were 240 fewer revocations on the                                                               
streets  in 2008  than  in 2007,  due in  part  to the  increased                                                               
number of  probation officers.   [More staff] allow  officers the                                                               
ability  to deal  with  their caseloads  versus  when there  were                                                               
vacancies  in their  offices.   Mr. Edwards  also attributed  the                                                               
reduction to  education of the  officers that one way  to protect                                                               
the public is to work [offenders]  through [the system] so as not                                                               
to have  to re-incarcerate  individuals.  He  then turned  to the                                                               
benefit of  transitioning a prisoner  from a  prison/jail setting                                                               
through a  community residential center prior  to that prisoner's                                                               
release.   Prior  to the  [Palin Administration]  there were  614                                                               
residential  community  residential  beds  throughout  the  state                                                               
whereas  today there  are  753  such beds.    He highlighted  the                                                               
ability  to fill  those beds  on any  given day  whereas at  [the                                                               
onset of the current administration]  there were empty beds, even                                                               
at the reduced numbers of beds.                                                                                                 
                                                                                                                                
2:23:33 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS  moved on  to the  facility in  Arizona.   He related                                                               
that  when  [the Palin  Administration]  began  there were  1,060                                                               
prisoners in the Red Rock facility  in Arizona.  Today, there are                                                               
a bit over 880 prisoners in that facility, with funding for 900.                                                                
                                                                                                                                
REPRESENTATIVE GATTO asked whether  Arizona is still receptive to                                                               
receiving Alaskan inmates.                                                                                                      
                                                                                                                                
MR. EDWARDS relayed that Arizona's  Department of Corrections and                                                               
governor are  currently discussing  what types of  prisoners it's                                                               
willing to  accept.  He  acknowledged that although  there aren't                                                               
limitations currently,  there may be  in the future.   In further                                                               
response  to  Representative  Gatto,  Mr. Edwards  said  that  he                                                               
receives  information from  the company  in Arizona,  Corrections                                                               
Corporation of America, from which the department leases beds.                                                                  
                                                                                                                                
2:26:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES asked  whether DOC  has a  position as  to                                                               
whether it would prefer to have  enough beds in the state so that                                                               
all of  Alaska's prisoners  would be  housed in  the state  or is                                                               
that uneconomic.                                                                                                                
                                                                                                                                
MR.  EDWARDS   reminded  the  committee  that   when  [the  Palin                                                               
Administration]  arrived there  was already  a plan  in place  to                                                               
bring  all  the  prisoners  being  housed  out-of-state  back  to                                                               
Alaska.   Although that plan has  a reduced scope, it  remains in                                                               
place.                                                                                                                          
                                                                                                                                
2:27:34 PM                                                                                                                    
                                                                                                                                
MR.  EDWARDS, continuing  his presentation,  relayed that  by the                                                               
end of this fiscal  year DOC hopes to bring 68  more beds on line                                                               
at the Wildwood Correctional Center  in Kenai.  He explained that                                                               
it  would be  a minimum  work release  facility that  would house                                                               
lower risk,  minimum custody prisoners  while serving  a furlough                                                               
function  for Anchorage  as  well.   Presently,  there's not  the                                                               
ability  to  furlough  an  individual  in  the  Kenai  area,  and                                                               
therefore  those  who  are  eligible to  leave  the  facility  in                                                               
furlough  are  sent  to  Anchorage,  which  doesn't  provide  the                                                               
opportunity  for  such  individuals   to  look  for  housing  and                                                               
employment in the community in which they plan on living.                                                                       
                                                                                                                                
2:29:01 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  complimented Mr.  Edwards on  the ability  to tweak                                                               
the system  around the  12 facilities in  a manner  that provides                                                               
relief.  He then related his  understanding that DOC is trying to                                                               
keep people  in Kenai  so that  they can find  their way  back to                                                               
work.  Furthermore, it seems  that electronic monitoring is being                                                               
used in a  successful manner that is good for  the population and                                                               
the public.                                                                                                                     
                                                                                                                                
MR. EDWARDS  noted that  DOC has an  experienced team  that knows                                                               
the facilities and the issues in the facilities.                                                                                
                                                                                                                                
2:32:37 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS  related that the  commissioner reviewed  staff, what                                                               
they were  budgeted for,  and that each  position was  located in                                                               
the appropriate area.  The  aforementioned has been done, whereas                                                               
the department  is still reviewing  the function and the  type of                                                               
person being  supervised continues.   He opined that the  hope is                                                               
for  a continual  positive impact  on safety,  re-entry, and  the                                                               
recidivism rate.  The aforementioned  is accomplished, he opined,                                                               
by  placing individuals  in the  appropriate  facilities to  take                                                               
advantage of  the appropriate programs to  prepare themselves for                                                               
an upcoming release.                                                                                                            
                                                                                                                                
2:34:12 PM                                                                                                                    
                                                                                                                                
[Chair Ramras passed the gavel over to Vice Chair Dahlstrom.]                                                                   
                                                                                                                                
MR. EDWARDS recalled hearing a  probation officer who spoke about                                                               
probation supervision in the field.   That probation officer said                                                               
that the population  could be broken down into  thirds, one third                                                               
of which  will succeed regardless  of what occurs in  the system,                                                               
while  another third  likely wouldn't  succeed regardless  of the                                                               
system, and  the one  third in  the middle  is the  population to                                                               
which DOC should  focus the majority of its resource.   The third                                                               
in  the middle,  this  probation officer  relayed,  is the  group                                                               
through which  the 66 percent  national recidivism rate  could be                                                               
addressed.                                                                                                                      
                                                                                                                                
2:35:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HOLMES inquired  as  to how  difficult  it is  to                                                               
identify each third of the incarcerated population.                                                                             
                                                                                                                                
MR. BRANDENBURG replied  that [the department] is  in the process                                                               
of reviewing its  classification system, which is  about 20 years                                                               
old and  tends to over  classify the population.   Therefore, the                                                               
desire  is to  find a  way to  review that  classification system                                                               
such that  it allows  identification of those  who are  at higher                                                               
risk as well as  those who are at lower risk.   He specified that                                                               
research indicates  that only  11 percent of  the lower  third of                                                               
the incarcerated population will  recidivate, which is fairly low                                                               
when  viewed in  the  context  of existing  trends.   The  middle                                                               
third,  which  is  the  group  upon  which  to  focus  resources,                                                               
recidivates at  a rate of 15-45  percent, he related.   The upper                                                               
end  population  consists  of the  long-term  inmates  for  which                                                               
research says  that resources  spent on  this population  tend to                                                               
make  them better  criminals.    A tool  that  the department  is                                                               
reviewing  for use  is  the level  of  service inventory  (LSIR),                                                               
which provides a  risk and needs assessment  for each individual.                                                               
The department is performing pilot  studies with LSIR in order to                                                               
determine whether  it would be  useful as a sentence  and custody                                                               
tool  to  determine  in  which  programs  the  person  should  be                                                               
involved.                                                                                                                       
                                                                                                                                
2:38:05 PM                                                                                                                    
                                                                                                                                
MR.  BRANDENBURG, in  response to  an  earlier question,  related                                                               
that  80  percent  of  the   [incarcerated]  population  will  be                                                               
released from  prison.   Only 20 percent  of the  population will                                                               
remain incarcerated  and the  longer term  inmates are  housed at                                                               
the Red  Rock and Spring Creek  facilities.  The housing  for the                                                               
aforementioned inmates isn't that different  than the rest of the                                                               
population.   Because so  many of the  inmates will  be released,                                                               
the  department  has  begun to  develop  some  re-entry  programs                                                               
within  the halfway  house  as  well as  the  facilities to  help                                                               
enhance the  opportunities for  the inmates  once they  leave the                                                               
facilities.   The focus is  on job skills,  education, treatment,                                                               
housing,   sobriety  support   groups,  and   reunification  with                                                               
families in an effort to  ensure that those inmates don't return.                                                               
All of the aforementioned is in  its infancy, and just recently a                                                               
pilot project was  started at Spring Creek in  which re-entry and                                                               
transitions are the focus.                                                                                                      
                                                                                                                                
2:39:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HOLMES expressed appreciation  that DOC is placing                                                               
an emphasis on re-entry and recidivism.                                                                                         
                                                                                                                                
REPRESENTATIVE GATTO questioned whether there  as been a study to                                                               
determine whether  sending a prisoner  to Arizona,  compared with                                                               
keeping  the  prisoner  in  Alaska,   has  an  influence  on  the                                                               
recidivism rates.                                                                                                               
                                                                                                                                
MR. BRANDENBURG said  no such study to  differentiate between the                                                               
populations  in  Arizona versus  in  Alaska  has been  conducted.                                                               
However,  he pointed  out  that there  are  studies that  discuss                                                               
visitation and the  impact it has on recidivism.   The finding is                                                               
that  in populations  in which  inmates have  contact with  their                                                               
families, there tends to be a  lower recidivism rate.  He offered                                                               
to  make a  copy of  the  aforementioned study  available to  the                                                               
committee.                                                                                                                      
                                                                                                                                
MR. EDWARDS  pointed out that due  to the size of  our state, the                                                               
reality is  that a prisoner  from rural Alaska  who is sent  to a                                                               
facility in  Alaska but outside their  hometown/region isn't much                                                               
more  likely than  those  prisoners sent  to  Arizona to  receive                                                               
visitation by  family members.   Still, the courts  are reviewing                                                               
the visitation aspect  in relation to whether the  state can send                                                               
inmates to  Arizona.  If  it's determined that  consideration has                                                               
to be  given regarding whether  an inmate has the  possibility of                                                               
visitation,  such  would impact  rehabilitation  as  well as  the                                                               
ability to manage the population.                                                                                               
                                                                                                                                
2:42:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  questioned  whether a  certain  amount  of                                                               
visitation from  members of  the clergy,  the Salvation  Army, or                                                               
college students  would count.   He  asked if  the aforementioned                                                               
visitors would be considered the same as family visitors.                                                                       
                                                                                                                                
MR. EDWARDS  answered that the aforementioned  visitation is very                                                               
important in helping a person  adjust.  However, in the instances                                                               
in which  the court was  reviewing visitation it was  specific to                                                               
family visitation.                                                                                                              
                                                                                                                                
2:43:26 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS  reminded the committee  that when DOC was  before it                                                               
last  it had  a project  related to  the Occupational  Safety and                                                               
Health   Administration  (OSHA)   requirements  regarding   self-                                                               
contained  breathing   apparatus  in   the  institutions.     The                                                               
department   decided  to   keep   the  self-contained   breathing                                                               
apparatus  in  the  facilities  as  they  are  a  valuable  tool.                                                               
However,  he  clarified that  the  department  wasn't asking  its                                                               
staff  to be  firefighters, without  training, or  perform rescue                                                               
efforts.   Still,  the  department felt  the  apparatus would  be                                                               
important to  have during the  process of  evacuating facilities.                                                               
Mr. Edwards  related his understanding that  the department could                                                               
proceed  with the  apparatus and  the FIT  testing process.   The                                                               
equipment to perform  the FIT testing should be  available by the                                                               
end  of this  month or  early February  and should  begin in  the                                                               
institutions in February as well.                                                                                               
                                                                                                                                
REPRESENTATIVE  COGHILL inquired  as  to what  the department  is                                                               
requiring of  its staff  and what  investments the  department is                                                               
making in those areas in terms of workforce development.                                                                        
                                                                                                                                
MR. EDWARDS  explained that the  department went to  the National                                                               
Institute  of   Corrections  to   receive  help   in  identifying                                                               
leadership  training programs  in  which the  staff could  become                                                               
involved   at   mid-level,  senior-level,   and   executive-level                                                               
training.     The  mid-level  training   was  completed   and  23                                                               
individuals graduated from  that program.  Aside  from creating a                                                               
more valuable employee in the  department and preparing employees                                                               
for advancement,  the department identified projects  of interest                                                               
to  the  department for  the  employees  to research  during  the                                                               
training.   The issues staff  worked on included health  and diet                                                               
for  the institutions,  the information  technology program,  the                                                               
classification  process, as  well as  facility expansion.   While                                                               
the  staff performed  the  aforementioned  research, they  formed                                                               
networks that should last several  years and provide knowledge as                                                               
to  the various  aspects  of the  department.   Therefore,  there                                                               
would  be  people who  would  be  ready  to fill  [higher  level]                                                               
positions as  needed.   For the  first time  in many  years, [the                                                               
department] has its own correctional  academy.  Mr. Edwards noted                                                               
that  the  department has  ran  more  correctional and  probation                                                               
officer academies  than in the  past because more staff  has been                                                               
hired.   Even  more staff  will be  brought on  as the  prison in                                                               
Point Mackenzie is closer to completion.                                                                                        
                                                                                                                                
2:50:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  COGHILL  noted  that there  has  been  discussion                                                               
regarding  control of  contagious diseases  and keeping  officers                                                               
safe.    He  acknowledged  that  a  significant  portion  of  the                                                               
incarcerated  population have  mental  health issues.   He  asked                                                               
therefore, whether  there is  good council  for staff  who aren't                                                               
trained in  mental health issues.   He further asked if  there is                                                               
staff who helps navigate those  incoming inmates who [have mental                                                               
health issues].                                                                                                                 
                                                                                                                                
2:51:10 PM                                                                                                                    
                                                                                                                                
MR. BRANDENBURG explained that every  inmate receives a screening                                                               
within the first 24 hours of  admission and prior to being placed                                                               
in the open population.   That screening includes a mental health                                                               
assessment.    He  informed  the   committee  that  nine  of  the                                                               
facilities have mental health clinicians  who are on staff during                                                               
the  week  to receive  referrals  and  perform assessments.    If                                                               
necessary,  telecommunication   with  the  psychiatrist   at  the                                                               
central  office   can  be  utilized.     Furthermore,  the  acute                                                               
psychiatric unit is located at  the Cook Inlet facility, which is                                                               
basically  an  inpatient  hospital  for the  more  severe  cases.                                                               
There are also  mental health staff and a  mental health director                                                               
who provide  ongoing training for correctional  officers in order                                                               
that they  can be aware of  and recognize the signs  and symptoms                                                               
of mental illness and make referrals as appropriate.                                                                            
                                                                                                                                
2:52:59 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS  noted that training  new correctional  and probation                                                               
officers  is still  a challenge,  but  has been  helped with  the                                                               
department's own  correctional academy.  With  regard to training                                                               
and  retention,  Mr.  Edwards  opined  that  the  management  and                                                               
leadership training  for which the department  has partnered with                                                               
the National Institute  of Corrections will pay  dividends in the                                                               
long term.                                                                                                                      
                                                                                                                                
REPRESENTATIVE COGHILL recalled the  debate over 8-hour shifts as                                                               
compared to  12-hour shifts,  which is  a significant  morale and                                                               
pay  issue  not  to  mention  that it's  a  cost  issue  for  the                                                               
department.  He requested discussion on the aforementioned.                                                                     
                                                                                                                                
2:54:05 PM                                                                                                                    
                                                                                                                                
MR.  BRANDENBURG  opined  that  the  last  thing  a  correctional                                                               
officer  would  ever willingly  give  up  is the  12-hour  shift,                                                               
especially  due to  the week  off  aspect.   Officers plan  their                                                               
lives around the week on week  off schedule, which allows them to                                                               
do more.  Furthermore, he  recalled comments that two days aren't                                                               
enough to recover  from an eight-hour work week  whereas the week                                                               
off is.                                                                                                                         
                                                                                                                                
2:55:51 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS  reminded the  committee that when  he came  on staff                                                               
the  desire  was   to  protect  the  public   and  maintain  safe                                                               
environments in the correctional facilities.   One of the primary                                                               
ways  to  achieve  the  aforementioned,  aside  from  hiring  and                                                               
retaining  staff,  was  to  focus   on  preparing  those  in  the                                                               
institution  dealing with  any treatment  issues to  be ready  to                                                               
enter halfway  houses.  Two of  the primary things one  must have                                                               
in order to be successful upon release  are a place to live and a                                                               
way to earn a living.  He  noted that once the inmate is released                                                               
from  custody  and is  under  the  supervision of  probation  and                                                               
parole, those  individuals are supervised  so that they  have the                                                               
best  opportunity to  succeed.   While it  can be  easy to  catch                                                               
someone doing something  wrong, it's a bit more  difficult to get                                                               
to  know a  person  in  order to  work  with  him/her to  reenter                                                               
society.                                                                                                                        
                                                                                                                                
MR. EDWARDS said  he wasn't prepared to  specify legislation that                                                               
would benefit  the department.  However,  having an understanding                                                               
of the department's goals and  being aware of any new legislation                                                               
that will  impact DOC is  important.   With regard to  an earlier                                                               
reference  to the  lack  of chapel  space  and overcrowding,  Mr.                                                               
Edwards  didn't  recall  converting any  faith-based  space  into                                                               
something  not  available  to  inmates  nor  would  that  be  the                                                               
department's  intention.   On  the issue  of  cultural foods  and                                                               
traditions, such as potlatches, those  are allowed in the Arizona                                                               
facility, although there are always  complaints about the ability                                                               
to get into the Arizona  facility after traveling there and about                                                               
the ability  to receive cultural  foods.  Of course,  security is                                                               
always of  concern in regard  to allowing cultural  foods without                                                               
allowing contraband to enter the facility.                                                                                      
                                                                                                                                
2:59:48 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS  asked DOC  to provide the  committee with  a status                                                               
report  addressing  the  inmates'   cultural  connection  in  the                                                               
Arizona  facility,  which  he   characterized  as  a  significant                                                               
matter.                                                                                                                         
                                                                                                                                
REPRESENTATIVE DAHLSTROM suggested that  the Alaska Rural Justice                                                               
System may  be able  to provide  the committee  with many  of the                                                               
answers.                                                                                                                        
                                                                                                                                
CHAIR RAMRAS indicated  that the committee will  provide DOC with                                                               
a written request on the aforementioned specific issue.                                                                         
                                                                                                                                
3:02:41 PM                                                                                                                    
                                                                                                                                
CHAIR  RAMRAS raised  the  issue of  the  proposed death  penalty                                                               
legislation, and inquired as to  what would be required were that                                                               
legislation to  pass.  He opined  that it would likely  require a                                                               
certain portion of  a facility to be designated as  a "death row"                                                               
as well as the cost of execution.                                                                                               
                                                                                                                                
MR.  EDWARDS answered  that DOC  is reviewing  what the  proposed                                                               
death penalty  legislation would entail.   However, he  said that                                                               
the department doesn't  have much information with  regard to the                                                               
cost  or required  number  of staff.    The obvious  requirements                                                               
would  be housing  for the  executions.   He  suggested that  the                                                               
department  would   either  convert   an  existing   facility  or                                                               
construct a new  facility.  With regard to housing  for death row                                                               
inmates, he  informed the  committee that  there is  some housing                                                               
that would  be sufficient for  that.  However, death  row inmates                                                               
wouldn't be mixed with the  general prison population.  The staff                                                               
to prisoner  ratio would be  higher in the death  row facilities,                                                               
which he  opined would  place greater stress  on that  staff than                                                               
the average correctional officer  experiences, particularly as an                                                               
execution date approaches.                                                                                                      
                                                                                                                                
3:06:37 PM                                                                                                                    
                                                                                                                                
MR. EDWARDS,  in response to  Chair Ramras, specified  that there                                                               
are relatively  small numbers of  gangs in  Alaska's correctional                                                               
facilities.  He acknowledged that  it appears that on the streets                                                               
and news  there is more gang  activity and more of  that activity                                                               
is  more  outrageous  and  with  less  regard  for  consequences.                                                               
However,  the  department  hasn't  noticed  such  widespread  and                                                               
visible  outrageous   gang  activity  in   Alaska's  correctional                                                               
facilities.   In further  response to  Chair Ramras,  Mr. Edwards                                                               
said he  didn't believe there had  been any increase in  drugs or                                                               
contraband  in Alaska's  correctional  facilities.   However,  he                                                               
surmised  that as  long as  individuals  are incarcerated,  there                                                               
will  always  be some  level  of  contraband in  the  facilities.                                                               
Furthermore, there are those visitors  whose sole intention is to                                                               
bring in contraband  to the facilities, and therefore  there is a                                                               
balance that is sought in regard  to how intrusive to be with the                                                               
public entering the correctional facilities.                                                                                    
                                                                                                                                
CHAIR   RAMRAS  asked   whether  protecting   the  addresses   of                                                               
correctional offices  and management  would be recommended  as an                                                               
additional safety precaution.                                                                                                   
                                                                                                                                
MR. EDWARDS  said that's been  an issue for  as long as  he could                                                               
remember.   He  recalled  that it  has been  a  problem when  the                                                               
paperwork for an  officer who was called as a  witness listed the                                                               
officer's  home   address  rather  than  his/her   work  address.                                                               
Correctional  [and  law  enforcement]   staff  will  always  have                                                               
concern  about  their  personal information  being  made  public,                                                               
particularly to the prison population.                                                                                          
                                                                                                                                
CHAIR  RAMRAS  surmised  that as  recidivism  is  reduced,  fewer                                                               
crimes are  committed.  He  applauded the strides  the department                                                               
is making [in terms of lowering recidivism].                                                                                    
                                                                                                                                
REPRESENTATIVE DAHLSTROM thanked the department for its work,                                                                   
and acknowledged that they have 24-hour jobs.                                                                                   
                                                                                                                                
REPRESENTATIVE  LYNN also  thanked the  department for  its work.                                                               
He then noted that  at one time he worked as  a jailer in Tucson,                                                               
Arizona, for a  couple of years, and characterized it  as a tough                                                               
job.                                                                                                                            
                                                                                                                                
3:15:01 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 3:15 p.m.                                                                 

Document Name Date/Time Subjects